This agreement is between Chilli Server and the person/persons who use our hosting and services. Please read carefully to ensure you understand our terms before purchasing any of our products or services.
Chilli Server agrees to provide the services stated for the price agreed at any given time. We do not mislead customers with hidden costs.
All customers are responsible for monitoring their storage space and bandwidth transfer each month. First level disk quotas (the quota for your VPS) are enforced automatically and customers will not be able to exceed these quotas. Customers who regularly exceed their bandwidth limit will be sent an email to their account with the option to either upgrade their account or reduce their bandwidth usage. If customers continue to go over we will do everything possible to fix the problem. We do hold the right to ban accounts for persistent over usage. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.
Renewal notices are emailed ten days before the actual renew date in your account. All accounts are set up on a pre-pay basis. If payment is not received within ten days of the due date your service will be suspended until payment is received. If payment is not received for a further 30 days your service will be terminated with the probable loss of all data associated with the service. Chilli Server reserves the right to change prices at any time, unless other terms have been agreed upon. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify Chilli Server to request for termination of services. Our currency is GBP. We are not VAT registered and you will not receive a VAT receipt. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length unless cancelled beforehand.
The customer must acknowledge that the amount of the services bought is based on the customer's agreement to pay the fee for the initial term or renewal term. There is no fee for cancelled accounts that have been paid. If you cancel an account on the monthly billing cycle Chilli Server cannot refund any payments already made.
Any attempt to undermine or cause harm to a server or customer of Chilli Server is strictly prohibited. Chilli Server will strongly react to any use or attempted use of an internet account or computer without the owner's authorisation. Such attempts include, but are not limited to, "Phishing" (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorised use of accounts or computers, residing on Chilli Server’s network, by YOU, will result in action against YOU, whether or not the attacked account or computer belongs to Chilli Server. Example actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack.
Traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. Chilli Server will be the sole arbiter as to what constitutes a violation of this provision. In the event of your quota being exceeded we will give you notice via email to YOUR account before taking any action.
Customers agree to use our services under the Acceptable Usage Policy which is hereby incorporated within this agreement. Customers agree that Chilli Server hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective upon issue of a Chilli Server notice to the customer that an amendment has been made, or the first day of any renewal term that begins subsequent to the amendment. The customer agrees to reasonable co-operation with Chilli Server upon investigation of any suspected violation of the AUP. In the event of a dispute between Chilli Server and customer regarding the interpretation of the AUP, Chilli Server interpretation of the AUP shall govern.
IMPORTANT NOTE - Chilli Server has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
Content published by your users or customers remains subject to the above prohibitions; YOU are responsible for enforcing these prohibitions. It is YOUR responsibility to enforce these prohibitions within content published on Wikis, Forums, Blogs or other systems that allow user content. In the event that we are asked to investigate content by our service providers or relevant law enforcement agencies we expect YOU to cooperate fully with any investigation pertaining to content on your VPS. Failure to cooperate will result in immediate suspension of your VPS.
The customer represents and warrants to Chilli Server that the information he, she or it has provided and will provide to Chilli Server for purposes of establishing and maintaining the service is accurate. If the customer is an individual, the customer represents and warrants to Chilli Server that he or she is at least 16 years of age. Chilli Server will rely on the instructions of the person listed as the primary customer contact on the order with regard to customer's account until the customer has provided a written notice changing the primary customer contract.
Chilli Server provides technical support directly pertaining to difficulties in the use of our services only. In the event that these difficulties arise from situations outside of our control the support provided may be limited. We will be the arbiters of what constitutes a reasonable technical support request; however please do not be afraid to ask.
The customer agrees to indemnify and hold harmless Chilli Server, Chilli Server's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney’s fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of customer's services in violation of applicable law or the AUP by customer or any person using customer's logon information, regardless of whether such person has been authorised to use the services by the customer
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CHILLI SERVER AGAINST LIABILITIES ARISING OF:
(i) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH CHILLI SERVER’S SERVER
(ii) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY.
(iii) COPYRIGHT INFRINGEMENT
(iv) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM CHILLI SERVER’S SERVER.
Chilli Server does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law Chilli Server disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an "As Is" basis.
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Chilli Server and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for three months service.
The customer agrees that Chilli Server may suspend services to the customer without notice and without liability if:
(i) Chilli Server reasonably believes that the services are being used in violation of the AUP;
(ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP;
(iii) Chilli Server reasonably believes that the suspension of service is necessary to protect its network or its other customers,
(iv) As requested by a law enforcement or regulatory agency.
(v) After a payment has been overdue for 10 days or more
(vi) We receive an abuse notification relating to YOUR service
The Agreement may be terminated by the customer prior to the expiration of the initial term or any renewal term without further notice and without liability if Chilli Server fails in a material way to provide the service in accordance with the terms of this agreement and does not cure the failure within ten (10) days of the customer's written notice describing the failure in reasonable detail. The agreement may be terminated by Chilli Server prior to the expiration of the initial term or any renewal term without further notice and without liability as follows:
(i) Following the suspension of a service due to overdue payment, if the payment is not received within a further 30 days
(ii) The customer fails to cooperate with Chilli Server in the case of an abuse complaint;
(iii) Upon one (1) days notice if the customer's service is used in violation of a material term of the AUP persistently or blatently, OR
(iv) Upon one (1) days notice if the customer is in violation of the “Customer Information” section of this agreement.
We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.
The customer agrees that Chilli Server may, without notice:
(i) Report to the appropriate authorities any conduct by the customer or any of their customers or end users that Chilli Server believes violates applicable law, and
(ii) Provide any information that it has about the customer or any of their customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Upgrades and other changes in Chilli Server's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of customer's hosted content and/or applications. Chilli Server reserves the right to change its network in its commercially reasonable discretion, and Chilli Server shall not be liable for any resulting harm to the customer.
Notices to Chilli Server under the agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to customers shall be given via electronic mail to the individual listed as the primary customer contact on the order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. The customer may change his, her or its notice address by a notice given in accordance with this section.
Chilli Server shall not be in default of any obligation under the agreement if the failure to perform the obligation is due to any event beyond Chilli Server's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
The agreement shall be governed by the laws of the United Kingdom, and European law as applicable. The agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
YOU expressly: -
(i) Grant to Chilli Server a license to cache the entirety of YOUR VPS or website, including content supplied by third parties, hosted by Chilli Server under this agreement and
(ii) Agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party's intellectual property rights.
Chilli Server retains your data for backup purposes only, however we may disclose data if compelled to do so by a relevant law enforcement agency, this can include data from caches or backups.
Chilli Server shall maintain and control end-user assignment of all IP addresses that may be assigned to YOU by Chilli Server. For a VPS service any IP address assigned to you will be uniquely assigned to you only. Chilli Server will make every effort to ensure that your assigned IP addresses do not change, however Chilli Server reserves the right to change your IP address (es) should unforeseen circumstances necessitate this.
Chilli Server reserves the right to refuse service to anyone. YOU may only use Chilli Server’s services for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal under European Law, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that Chilli Server may disclose any and all YOUR information including assigned IP addresses, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
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