Effective date: January 16, 2021
These terms and conditions outline the rules and regulations for the use of Majesty Hostings Website.
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Majesty Hostings website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing law of . Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
1.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
1.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
1.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
1.4 We shall not release any domain to another provider unless full payment for that domain has been received by us.
2.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
2.2 You shall take the necessary precautions and if applicable to your country you shall maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server. Although we will do the best possible to keep your data safe, still you are responsible for your data safety before any other person, company or authority. That said you may ensure your data by multiple means such as downloading your backups regularly or sending your backups to some remote locations etc.
2.3 ou represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:
2.3.1 you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third part; nor will you authorize or permit any other person to do so.
2.3.2 you will not post, link to or transmit:
a) Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, illegal, blasphemous, profane or otherwise objectionable as determined by Majesty Hosting in any way.
b) Any material containing a virus or other hostile computer program.
c) any material which constitutes, or encourages the commission of a criminal offence, or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
d) Examples of other unacceptable material / Forbidden contenton all Shared, Reseller and VPS services include but not limited to:
2.3.3 You will not send spam email, whether opt-in or otherwise, from our network. Nor will you promote a site hosted on our network using spam email.Spammers are held responsible for a $50 clean up fee per IP.
2.3.4 You will not employ programs which consume excessive system resources including, but not limited to, processor cycles and memory.
2.3.5 If you surpass your allotted disk/bandwidth usage as set forth in your purchased plan, you agree to purchase the excess in blocks as set forth in our "plans" section. Such payment to be immediate and non-disputable.
2.4 We reserve the right to remove any material which we deem inappropriate from your web site without notice.
2.5 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or other security information.
2.6 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
2.7 Members utilizing free hosting shall exclude themselves from promotions offered and afforded to paying Members.
2.7.1 Members utilizing free hosting shall display a banner as supplied by Majesty Hosting.
2.8 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
2.8.1 Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A Member shall not use another site's mail server to relay mail without the express permission of the site.
2.8.2 It is contrary to Majesty Hosting policy for Members to use our servers to effect or participate in any of the following activities:
3.1 When Majesty Hosting becomes aware of an alleged violation of its TOS / Acceptable Use Policy, Majesty Hosting will initiate an investigation. During the investigation Majesty Hosting may restrict Member's access in order to prevent further possible unauthorised activity. Depending on the severity of the violation, Majesty Hosting may, at its sole discretion, restrict, suspend, or terminate Member's account and/or pursue other civil remedies. If such violation is a criminal offense, Majesty Hosting will notify the appropriate law enforcement department of such violation.
3.2 You shall be held liable for adequate costs incurred by Majesty Hosting as a result of your intentional violation of these terms and conditions though you may not at any circumstance claim that you broke the terms just because you did not read carefully or you spam and you claim to not have intention to blacklist the IP or you attack and hack and claim to not intend to harm or steal or not taking precautions such as making sure your wordpress, joomla or any other scripts is upto date and you to not use an antivirus to make sure your files has no virus and claim your intention was not to get hacked would not be valid. This is including, but is not limited to, legal fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorised bulk mailings and/or news server violations. Majesty Hosting's current hourly rate for Postmaster responses to complaints and cleanup of compromised site files, unsolicited commercial mailings and/or unauthorised bulk mailings and/or news server violations is £65 per hour, with a minimum one (1) hour charge, plus £5 for each bulk-email or Usenet message sent, plus £10 per complaint received. Website/Server maintenance fees are £85 per hour.
3.3 Majesty Hosting does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
3.4 Any access to other networks connected to Majesty Hosting must comply with the rules appropriate for those other networks
3.5 While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
3.6 You may cancel the services at any time by logging into the your client area at www.majestyhosting.com and request cancellation of services.
3.7 Majesty Hosting reserves the right to terminate service at any time. If an account is terminated for a policy violation there will be no refund.
4.1 Majesty Hosting shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
4.2 Majesty Hosting shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is expected to last for more than 7 days you will be notified of the reason. As a reseller or sub-client, it is your responsibility to take care of backup for sites that may be yours or ones under you. We also reserve the right to disallow services/hosting to any client as we feel necessary and hold no liability. Also please note that our offer of compensation on our network uptime guarantee is decided on a case by case basis.
4.3 The Services provided to you here under your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
5.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment. If we find that we need to increase prices then we will try and inform all clients 14 days in advance of any changes.
5.2 Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorise Majesty Hosting to debit your account renewal fees from your card.
5.3 e-checks are not accepted by Majesty Hosting and all payments must be made directly through provided payment gateways. Majesty Hosting does not hold any card details as these are handle by third party payment gateways.
5.4 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
5.5 It is your responsibility to track your payment dates and invoices / bills. There maybe instances an invoice or multiple invoice does not get created automatically by the billing system though it is still your responsibility to remind us once you understand you have not been billed for a product that you are or have been using.
5.5.1 Even if you have not noticed that you were not billed for a product you were using you still accept without any objection that the debt belongs to you and that you will pay your invoice as soon as it gets created.
5.5.2 You understand that Majesty Hosting does not offer any free products nor is sponsoring charity for the services you use thus you hereby accept / announce / declare that even if an invoice was not created for x amount of months no matter for what reason what so ever for any product you use, you will not claim that the product was granted or given for free or sponsored just because you have/had not received an invoice for a product for x amount of months / payment terms you actively or passively use.
6.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
6.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
6.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
6.4 No refunds will be made for Services suspended in accordance with 5.1, 5.2 and 5.3.
6.5 We reserve the right to suspend the Services and/or terminate this Agreement at any time.
6.6 You may cancel the Services at any time by logging into your client area at www.majestyhosting.com and requesting cancellation of services..
6.7 During the first 14 days of Services, You are entitled to a refund of fees paid with the exclusion of VPS services, domain name registration, dedicated server, data transfer fees, and excessive support requests should you decide to cancel the Services for just cause. Majesty Hosting shall be the sole arbitrator as to the validity of your claim of just cause. And will subtract the aforementioned fees from any monies due you.
6.7.1 Only for Shared and Reseller services, during the 14 days of service you are entitled to a full, no questions asked refund excluding as set forth in sections 5.6, 5.7, 5.7.2, 5.7.3, and 12.5; as well as exclusions listed in section 2 above.
6.7.2 Partner Plans (Resellers) are eligible for above refund minus usage fees; if such use has been deemed excessive at the discretion of Majesty Hosting. Such accounts are often more resource intensive than standard shared hosting accounts and, therefore, do not qualify under our standard 14 day guarantee details.
6.7.3 You will not be entitled to a refund on these basis if you have previously had an account with Majesty Hosting under any plan or service.
6.7.4 Allow 30 (thirty) days for refund payments to process. If you have not received refund within this time allotment; please contact us.
6.8 Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
6.9 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.
7.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of service and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
8.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub clause.
8.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
8.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
8.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
8.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
8.6 You are responsible for monitoring Bandwidth and Disk space usage of your site. This is easily done from your Control Panel. If you go over the amount indicated in your current plan; you will assessed a surcharge as set forth in our pricing structure.
9.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
10.1 On our site you will find links to all the information to get your web site up and running. All information pertaining to your account should have been included in the Welcome Letter you received when we created your account. If you did not receive a welcome letter email, please contact our Support Team. There are several reasons an email may not reach you; first and foremost is if the domain you have contracted services for is the same domain your welcome email was sent to.
10.2 The support feature of our service at present time consists of our Support System solving server related problems only.
10.2.1 If you require support for your scripting, there are several online tutorials available we can help you find. You may purchase our technicians' services at the rate of £85 per hour, with an hour minimum billed. We reserve the right to waive this fee at any time.
10.3 Support can only be addressed in English through our Support System.
10.4 All Support requests are to be processed through our Support System (tickets, live chat). Any other request for support, except as noted in Section 9. will be considered a breach of our TOS.
11.1 This Agreement shall be governed by and construed in accordance with United Kingdom law and the laws governing the county of Northumberland. You hereby submit to the non-exclusive jurisdiction of the U.K. courts.
12.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
13.1 No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
13.2 Any abuse towards any Majesty Hosting employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing Majesty Hosting or utilising the Ticket Desk Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at Majesty Hosting or it's employees shall be considered a violation of this TOS.
13.3 Any threat; whether verbally, orally, written, or delivered by second parties directed towards Majesty Hosting or any of it's employees, partners, equipment, and concerns shall be construed as a violation of this TOS.
13.4 Any conduct viewed as violating this section shall be considered a violation of this TOS. Majesty Hosting will be the sole arbitrator in regards to what is deemed a violation.
13.5 No refunds shall be given when the contents of this section necessitates removal of the account.
13.6 Any of the rules within section "13" to be not followed will simply mean that you have given up all your rights to any services backups and communications as well as you understand and accept that all your data will be terminated and that you refuse/deny/give up all your rights to any refunds.
14.1 You may cancel the Services at any time by logging into your client area (for verification) and requesting cancellation of services. We will not accept cancellation by any other means. There will be no exeptions to this rule.
15.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
15.2 Majesty Hosting reserves the right to amend these TOS at any time.
15.3 It is your responsibility to check these Terms of Service on occasion for any such amendments.
16.1 Majesty Hosting releases rights to this document text to the reader, free of encumbrance. Except as noted in this section (16.3).
16.2 In no form can you hold Majesty Hosting responsible for any and all actions arising out of your use of these terms as your own.
16.3 If you choose to use these terms as your own, this section (15) must remain intact of content; save for our name. You agree to let others use these terms as a guide.
16.4 Our release of this text material in no way assigns rights of any images viewed herein.
17.1 VPS and Dedicated Servers has no money back guarantee at all.
17.2 VPS services are unmanaged except if FULL management + cPanel/WHM is bought and utilised.
17.3 All VPS do not come with any money back guarantee no matter if you claim unused or used. Please understand setting up server's take's time and money. Majesty Hosting is not responsible for any data lost or hardware failure or back ups on any VPS this is your duty to ensure that you are backing up your data and your client's. All TOS apply to VPS client's aswell. The reseller/VPS customer is liable and responsible for all actions of their account and subaccounts created by the reseller/VPS customer. As the reseller/VPS customer you agree to accept all responsibility and liability for your actions and the actions of your subusers either directly or indirectly. Terms of Service violations as a result of a subuser account being exploited with or without knowledge will be the responsibility of the reseller/VPS account holder. The reseller & VPS account holder agrees to actively monitor their subaccounts to ensure all subaccounts and their own account are abiding by all of Majesty Hosting's policies and Terms Of Service. The legal liability and legal responsibility of the subaccounts of the reseller/VPS belongs to the reseller/VPS customer.
18.1 It is absolutely forbidden to host any website that offers free web hosting on any Majesty Hosting web server. Account owners found to be in voilation of this rule will be warned and told to take the site down. If the formentioned account offers such services again, his account and all accounts under him will be immediately suspended and remain so for the rest of eternity. The term "free" can and will be used liberally in describing said services. For example, sites selling hosting for £0.01 or sites selling hosting for £1.00 a year would fit into the free category. Majesty Hosting reserves the right to make judgements on its sole discretion about which sites are providing "free hosting".
19.1 The client is responsible for keeping a copy of their most current web site files as backup on a remote system (not on Majesty Hosting servers). Majesty Hosting is not responsible for any lost files, information, or data. Hardware is mechanical and by nature mechanical hardware is prone to failure. If so subscribed, Daily and Weekly Backups are performed on a best effort basis, should an event occur where our backup script was unable to complete the backup and the servers hard drive fails, we hold no responsibility. Please make sure you have off-site backups! We do our best, but sometimes things may go wrong!
19.2 Renewal and Billing Schedule.
20.1 All rules within the TOS of Majesty Hosting applies to our Shared services as well as Reseller accounts. In addition:
20.2 All website owners are responsible for updating their website scripts to the latest version at all times and they MUST update so.
20.3 All website owners are responsible to apply any security patch released by their script provider at all times and they MUST do so.
20.4 All Resellers are fully responsible to enforce and make sure the script uploading and maintaining criteria explained in section (21.) MUST be met at all times.
20.5 Failing to meet the script maintaining criteria will eventually result in website or account suspension which will lead to a website or account termination within 72 hours.
Unless otherwise stated, Majesty Hosting and/or it's licensors own the intellectual property rights for all material on Majesty Hosting. All intellectual property rights are reserved. You may view and/or print pages from http://majestyhosting.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
Redistribute content from Majesty Hosting (unless content is specifically made for redistribution).
We will approve link requests from these organisations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organisations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organisation does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Majesty Hosting; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organisation.
These organisations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.
If you are among the organisations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to firstname.lastname@example.org. Please include your name, your organisation name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organisations may hyperlink to our Web site as follows:
No use of Majesty Hostings logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.