Terms Of Service

 

Revision date: 1st June 2008

All services provided by The Legion Host ("The Legion Host") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United Kingdom and United State law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, pornography, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless The Legion Host from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to The Legion Host' servers, or any other server on the Internet. Links to such materials are also prohibited.

Acceptance and agreement of this Terms Of Service (when ordering any service with The Legion Host) automatically constitues acceptance and agreement of our Acceptable Use Policy.

Examples of unacceptable content or links:

  • Pirated software
  • Hacker programs or archive
  • Warez site
  • Pornography
  • Proxy servers/websites
  • IRC chat

The above list is not definitive.

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, PORNOGRAPHY OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, THE LEGION HOST WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage

All account plans come with a predetermined amount of traffic allowance. If you exceed your traffic allowance (i.e. your specified bandwidth/data transfer limit), your account will automatically be suspended until you contact The Legion Host support and upgrade your hosting plan.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of The Legion Host is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

This clause also applies to websites and accounts which take up an unacceptable level of the server's resources. The Legion Host will be the sole determinant in what the said unacceptable level is.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks and distributive hosting sites of The Legion Host must adhere to the above policies.

Billing

By the invoicing date of each month, payment must be made. If payment hasn't been made beyond the due date, a late fee of up to $5 per day late may be levied on top of your usual cost of service provided by The Legion Host.

Service Fees

Certain services carry a setup fee charged by The Legion Host to client, which must be paid by the client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to The Legion Host and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Money back guarantee & refund policy

We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. In case of AUP violations, any and all refunds are forfeit.

If you genuinely feel your specific case warrants a refund for any reason, please contact us via the Support Desk and we'll review your application.

Account Deactivations

Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.

Account Terminations due to Non-Payment

Any account which has unpaid invoices of longer than 30 days will automatically be terminated. Any and all files and databases will be permanently deleted.

Cancellation Refunds

We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability

The Legion Host shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from The Legion Host ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, The Legion Host shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of The Legion Host ' servers. All damages shall be limited to the immediate termination of service.

Additionally, the user is expected to keep full backups of all their websites and files. Whilst we keep daily off-site backups, you should still keep your own back-ups. As such, we cannot be held at all responsible for any loss of data.

Violations

Violations of our Acceptable Use Policies should be referred to us. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

The Legion Host cannot be held liable for system downtime, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by The Legion Host are resold. Thus, certain equipment, routing, software and programming used by The Legion Host are not directly owned or written by The Legion Host. Moreover, The Legion Host holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as The Legion Host sees fit.

Account Activation

By activating your account with The Legion Host, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Service Level Agreement

The Legion Host guarantees 99.5% service uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime. Refunds will be applied for complete server crashes, and if HTTP goes down but only if these were unscheduled downtimes . Refunds may not be applied if other services go down - for example (but not limited to) MySQL and Exim.

The Legion Host actively monitors the server's uptime, and we will be the sole determinant of whether any one of our servers has been down for more than the acceptable limit specified in this SLA. The amount of refund given will also lie solely with The Legion Host.

Refunds will only be made as per request - if you feel you are entitled to a pro-rated amount for downtime (as detailed above), please open up a support ticket clearly stating when the server went down, and for how long it was down.

The Legion Host reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.