OverView
CFTS General Terms of Service (“TOS”) Agreement sets forth the general terms and conditions for use of our platform and the services we offer and governs your use of our platform and services.
Definitions
The TOS does not introduce any new definitions but rather relies on the following:
- Definitions typically used by our customers, stakeholders or marketplace.
- Terms typically used in standards and regulations as they relate to our services or products.
- Standard business and IT terminology.
- Terms and vocabulary commonly used in the IT and Hosting field.
Description of Services
Shared Web Hosting: These are our most cost-effective plans that places your site within a pool of one or more servers. Resources are in individually allocated except for IP's and memory and shared between customers on the same server, your site is given a unique DNS address.
Business Hosting: With this plan, you get all of the benefits of having your own VPS or Dedicated Server, but we will manage the server for you including setting up your control panel, patching cycles with daily or weekly back-ups.
Managed WordPress/Joomla: These plans give you a streamlined and optimized experience to build and manage sites. We handle the basic hosting administrative tasks, including installing, automated weekly site backups, core updates, and server-level caching
All these plans allow you access to services and resources with automated weekly backups, antivirus, spam, firewall, and general security without having the costs and skillsets associated with maintaining such services.
Virtual Private Server (“VPS”): VPS plans place your site within a server shared with other customers, but you will have full control over your server space and the complete configuration of your virtual instance on the server. You will have administrator (root) access and a dedicated IP address Dedicated.
Server: Dedicated Server plans reserve an entire server exclusively for your account and usage. You will have exclusive rights to your server's bandwidth, memory, and storage space, and your server’s performance will not be affected by traffic and the usage patterns of other customers.
Managed Support: These plans provide you with root/administrative access to the service and Plesk or cPanel. We handle core patching, security, monitoring and backups. Additional configurations and installations can be performed for an additional fee.
Fully Managed Support: Theses plans provide you with the option to enable root/administrative access and we will handle core patching, security, monitoring, and backups. Additional Expert Services are included with the subscription Hosting.
Premium Support/Expert Services: (“Expert Services”) are additional custom support services available for a set fee. These Expert Services can provide assistance if you need an experiences server administrator for complicated tasks, including: optimizing databases, configuring firewalls, or moving content.
Hosting Backup: saves all your website files to the cloud, storage limits may apply based upon the backup plan that you have purchased.
Guaranteed Uptime
CFTS guarantees 99.9% uptime. A failure to provide such will result in customer compensation pursuant to the following guidelines:
- Customer is entitled to compensation if Customer's website, databases, email, FTP, SSH or webmail become unusable as a result of failure(s) in CFTS systems for reasons other than previously announced scheduled maintenance, coding or configuration errors on the part of the Customer.
- Customer will receive credit equal to the Customer's current hosting cost for 1 (one) day of service for each 1 (one) hour (or fraction thereof) of service interruption, up to a maximum of 10% of Customer's next pre-paid hosting renewal fee per contract term.
- Assessment of downtime begins when the Customer opens a support ticket to report the problem.
Account Termination and Limitations
Termination of Hosting Services: You acknowledge and agree that upon expiration or termination of your Hosting Services, you must discontinue use of the Hosting Services and relinquish use of the IP addresses and server names assigned to you in connection with Hosting Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers.
Prior to the termination of the Hosting Services, you are responsible for moving your website or server content off our servers.
Backup and Restore Service: these services will be canceled if the hosting subscription plan is canceled or not renewed.
Free Products Credits: Upon termination of the Hosting Services, all free products provided as part of the Hosting Services will be cancelled or revoked.
Notice Regarding Licensed Images on Migration or Export (where available): Subject to all other applicable licenses terms and conditions, images available and licensed for use are intended for CFTS hosted customers only and are subject to the terms and conditions of third-party intellectual property rights and licensing restrictions. To the extent you wish to export or migrate your hosted product or service to another service provider (if available as an option), it is solely your responsibility to ensure your continued right to use any images incorporated therein, and you acknowledge and agree that CFTS does not warrant and shall have no responsibility for any claims resulting from your continued use after migration and/or termination (whichever occurs first).
Inbound UDP: is not supported in shared hosting environments.
Migration of Servers: You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.
Technical Support Boundaries: CFTS provides technical support for you that encompasses our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility, and any other hosting-related issues, elsewhere we will help where we can, but we are not obliged to.
Justification: You acknowledge and agree that we shall have the right to seek justification in connection with your use of the Hosting Services, specifically your purchase of IP addresses, and you shall be obligated to provide any and all information reasonably sought by us pursuant to such justification. In connection with such purchase, you acknowledge and agree that your name and justification may be disclosed to certain registries including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed publicly on the Whois database.
Unmetered Bandwidth: We don't limit the amount of storage and bandwidth your site can use as long as it complies with our Hosting Agreement/Plan. Should your website bandwidth or storage usage present a risk to the stability, performance or uptime of our servers, we will notify you via email and you may be required to upgrade, or we may restrict the resources your website is using. It’s very rare that a website violates our Hosting Agreement and is typically only seen in sites that use hosting for file sharing or storage.
Your Obligations, Representations, and Warranties
Maintenance and Security:As part of ongoing maintenance and security audits, CFTS has a policy of only using supported none depreciated Packages/Versions, this includes but is not limited to:
- Platform and related Security Systems
- PHP Version and Modules
- WHM
- cPanel
Keeping our systems up to date is mandatory it protects/limits you and us from being targets of malicious attacks by having the latest performance and stability updates, this requires runtime updates, it is up to you to ensure your sites/applications are up-to-date and in compliance.
Abusive Activities and Other Threats: You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities that threaten the stability of our network or will damage the systems of, or cause a disruption of internet services to, CFTS, our customers, or third-parties.
Server hacking or other perpetration of security breaches is prohibited and we reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us.
You agree that we reserve the right to remove your website temporarily or permanently from our servers if you are in violation of this Service Agreement and/or there are activities that threaten the stability of our network. You acknowledge and agree that all websites associated with your hosting account may be removed if one website is in violation of this Service Agreement. You further acknowledge and agree that CFTS reserves the right to scan your hosted account for malicious content (e.g., malware), and that, in the event any such content is discovered, it may be removed in CFTS's discretion for security purposes.
Storage and Security: Unless under a Managed Services Contract/Package, you shall be solely responsible for undertaking measures to:
- Prevent any loss or damage to your website or server content.
- Maintain independent archival and backup copies of your website or server content.
- Ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers.
Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. The Hosting Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically by way of example and not as a limitation, you shall not use the Hosting Services as:
- A repository or instrument for placing or storing archived files; and/or,
- Placing or storing material that can be downloaded through other websites.
- You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.
Website/Server Content: You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text.
You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Hosting Services.
If access to a third-party hosting website is required in the provision of any Service, you represent and warrant that you are authorized to provide us with access to the third-party hosting account for the purposes of this Service Agreement. You agree that you retain sole contractual and any other legal or fiduciary responsibilities related to your third-party hosting account.
If you request that we install any Third Party Software (defined below) not provided as part of the Hosting Services, you represent and warrant that:
- You have the right to use and install the Third Party Software.
- You have paid the applicable licensing fees for the Third Party Software.
- Any Third Party Software does not and shall not infringe on the intellectual property rights of any other person or entity.
Applicable Law
This site is hosted and maintained in the UK. You agree that the laws of the UK/EU shall govern and any legal action or proceeding relating to this site, and subject to the jurisdiction of the UK courts. This condition applies wherever in the world you are located, or from where in the world you visited this site.
Refunds
VPS, Cloud VPS, Dedicated Servers, Cloud Servers, Infrastructure Services, AWS, Google Cloud or other 3rd party Computing services are not eligible for 30 days money back guarantee.
If the TOS is violated this voids your eligibility for the 30 day money back guarantee. CFTS reserves the right to deny the refund if we feel abuse of services has occurred.
