Terms of Service
Terms of Service
Version Date: 05-08-2014
Citadel Servers (“we”, “us”) provides hosting, domain registration and dedicated server hosting services together with such other services as are agreed between it and the customer (“the Services”).
In these General Conditions, and in any Special Conditions applicable to the contract.
1.1 The following terms shall have the following meanings unless the context otherwise requires:
Conditions: these General Conditions and the Special Conditions which are applicable to the Contract.
Contract: the contract between the Supplier and the Customer for the sale and purchase of the Services, in accordance with these Conditions.
Customer: The person, firm or company who purchases Services from the Supplier.
Diagnostics: analysis conducted by Supplier at the Customer's request to identify a malfunction of the Service.
Documentation: the documentation and tools made available to the Customer on the Supplier’s website.
Hardware: the equipment, cabling and systems provided by the Supplier in connection of the Services.
Incident: a problem or malfunction of the Service.
Keywords: those words notified to the Customer by the Supplier which control the Customer’s access to some of the Services including without limitation a password and username.
Order: a request made by the Customer to the Supplier for Services to be supplied under the Conditions.
Quotation: a proposal sent by the Supplier to the Customer for the provision of certain Services at the quoted price.
Service: all services provided by the Supplier to the Customer in accordance with these Conditions.
Software: the computer software provided by the Supplier in connection with the Services.
Special Conditions: any additional terms and conditions agreed between the Customer and the Supplier in writing.
Supplier: Citadel Servers
By subscribing to any of the Services and opening an account with us (“the Account”) you (“the Customer”) agree to be bound by all of our legal terms of service. These terms and conditions apply to all Citadel Servers accounts. They set out the basis on which we offer our services and should be read carefully.
2.1 Citadel Servers will use reasonable efforts to supply a continuous service. However, Citadel Servers is not liable for any loss of data resulting from delays outside of our control, missed or non-deliveries, service interruptions or by errors or omissions of the customer. Citadel Servers is not responsible for any losses suffered resulting from acts of god or force majeure including civil unrest, riots, floods, drought, fire, war and imposing legislation.
2.2 You agree that Citadel Servers is not liable to you for any special consequential damages which you may suffer as a result of loss of business, contracts, profits, savings or otherwise. Citadel Servers is unable to exercise control over material sent over the internet and excludes all liability of any kind for the publication by the Customer of inaccurate, misleading, offensive, threatening or obscene material, or material that is in breach of UK or other applicable law.
2.3 Citadel Servers’s customers are liable for all charges levied by their telephone service provider arising from the Customer's use of the Services.
2.4 From time to time Citadel Servers or its sub-contractors need to carry out maintenance on the network, which may involve temporarily shutting parts of it down. Citadel Servers will give as much notice as possible and shall try to keep this work to the period specified in the notice. Citadel Servers accepts no liability whatsoever arising from such a suspension of the service.
2.5 The Customer agrees that it will not re-sell, sub-lease, reassign or transfer any part of the Services unless Service states otherwise.
2.6 YOU acknowledge and agree that details of YOUR name, address, telephone and fax numbers together with email address(es) and assigned IP Addresses may be released to the RIPE NCC to ensure that both WE and YOU fulfil their obligations under prevailing RIPE policies and that such data may be published in whole or in part in the RIPE WHOIS database.
3.1 Customers must use the Services provided for lawful, authorised purposes only. Transmission, storage, or presentation of any information, data or material in violation of any British law is prohibited. The list of banned content includes, but is not limited to :-
(a) Illegal Material - This includes illegally exploited copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
(b) Warez - This includes, but is not limited to, pirated software, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
(c) HYIP - We do not allow any HYIP sites, or sites that link to or have content related to HYIP sites.
(d) Proxy - We do not allow any proxy set-ups or connections or any sort of activity through remote proxy connections on our Shared Hosting, Reseller Hosting, VPS Hosting, Semi-Dedicated Hosting and Dedicated Servers. The first offense committed by the Customer will result in suspension of their Account. Any second violation will result in immediate Account termination.
(e) Defamatory content - any website content that makes a false claim, expressively stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image.
g) Bit Torrents: Use of software and scripts for "bit torrents" or similar is not allowed on our servers. This includes sending or receiving files using these mechanisms.
3.2 We are under no obligation to edit, review or modify the contents of your website. However, we reserve the right to remove any content without notice. For the avoidance of doubt we do not pro-actively monitor messages that you may post on our managed sites, but we reserve the right to remove such message at our sole discretion.
3.3 Any Customer found to be using the Services for any of the purposes contained in Clause 3.1 may have their Account terminated without notice.
3.4 The Customer agrees to fully and effectively indemnify Citadel Servers against all losses, costs, actions, proceedings, claims, damages, expenses, (including legal expenses) or liabilities, howsoever suffered or incurred directly by Citadel Servers in consequence of the Customers breach or non-observance of this Clause 3.
3.5 The Customer shall defend and pay all costs, damages, awards, fees (including legal expenses) and judgments awarded against Citadel Servers arising from breach or breaches of this Clause
3.3 Citadel Servers may in its absolute discretion defend such claims and may compromise such claims with the consent of the Customer, such consent not to be unreasonably withheld. The Customer shall provide Citadel Servers with the assistance necessary to defend such claims, at the Customer’s sole expense.
4.1 You agree and understand that we are not the domain registrar therefore we do not have our own nominet tags or NIC tags.
4.2 We register domains through a partner company. We do not place your details on the whois output of the domain due to legal reasons however if you commit any sort of illegal activity we reserve full right to provide the appropriate personnel with your details. If you wish to have your details displayed upon the whois output please contact us and we will be glad to assist you.
We allow websites with legal adult content only. We do not allow pornographic or sexually-explicit images of children or any pictures/video which are obtained illegally to host on our servers.
You agree and understand that the services which include MySQL include the database file size as overall file size used and is not a seperate file size limitation.
7.1 You agree and understand that any attempts to undermine or cause harm to any of our servers is strictly prohibited and that we take no responsibility for the use of our clients' accounts.
7.2 If you abuse the resources we provide in any way, we reserve the unqualified right to immediately deactivate your Account without refund.
7.3 If you operate any site using what we deem to be excessive CPU cycles or any resources that cause strain to other sites, we reserve the right to impose new terms on you in exchange for the current terms that you enjoy (i.e. an upgrade). You are allowed to use upto 25% of total resouces available on a shared server and if your account continues to use more than 25% of the resouces, it will result in suspension.
7.4 Denial of Service (DOS) attacks directed at Citadel Servers, or any attempts to launch a DOS attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of your Account.
7.5 Citadel Servers reserves the right to disable/delete any feature or appli