INTRODUCTION AND OVERVIEW

This website is operated by SmallWeb Ltd. Throughout the site, the terms "SmallWeb", “we”, “us” and “our” refer to SmallWeb Ltd, a company registered in England and Wales under company number 12272693 with registered office address: 20 Awbery House, Buttrils Walk, Barry, CF62 8DG. SmallWeb Ltd offers this website, including all information, tools and services available from this site to you, conditioned upon your acceptance of all terms, conditions, and policies stated here.


ACCURACY OF ACCOUNT INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate account information for all purchases made on the site. You agree to promptly update your account information, including your email billing address, so that we can fulfill our legal and accounting obligations. You may only register one account per legal entity.


DIRECTADMIN HOSTING BACKUPS

A backup script runs automatically via cron job on each individual DirectAdmin web server on a daily basis. These backups are stored locally on the server's storage drive and also independently transferred to a remote server where they are retained for up to 14 days. We provide these backups as a disaster recovery method and don’t intend them to be used for recovery of self-destructed data. We do not take or retain backups for shared or reseller accounts that have been suspended.

You can take your own manual backups through the web server’s control panel providing your total storage usage is below 50% of your storage assignment.

SmallWeb Ltd shall not be responsible for any damages to the content or data of a service or other damages or any malfunctions or service interruptions caused by any failure of the content or data of a service. SmallWeb Ltd. cannot guarantee that the contents of a website will never be deleted, corrupted, or that a backup of a website will always be available. SmallWeb Ltd strongly suggest that Customers regularly make additional copies to ensure availability of data.


UPTIME RATE GUARANTEE

SmallWeb guarantees a 99.9% service (http, php, sql, pop, imap & smtp) uptime on all shared and reseller hosting plans. Should we fail to deliver this for any given month, your account will be credited a pro-rated amount for the duration of excessive downtime upon request.

Downtime caused by Customer actions or third parties is not included within this guarantee.


MONEY BACK GUARANTEE

If you are not satisfied with our service or change your mind you may request a refund within 30 days of your service being activated by contacting support.

Software licenses (e.g Blesta), domain names registrations, dedicated IP addresses, virtual servers, cryptocurrency payments and fees are non-refundable.

This 30 Day Money Back Guarantee applies for your first order and you may only request a refund once. Subsequent orders will not be refunded.

Any refund owed will be processed within 7 days. No refund will be provided if any service under your account has been used to violate our Terms of Service.


LOCATION TRANSFERS

SmallWeb will charge a £1.00 transfer fee to any Customer requesting to be moved to a different location within our infrastructure.

Users transferring to SmallWeb from an external infrastructure will not be charged for the process of migrating account data.


ACCEPTABLE USAGE POLICY

Bulk email sending is strictly prohibited. SmallWeb has a "No Tolerance" policy on Spam and bulk mail. Sending unsolicited, bulk and/or commercial messages over the Internet or by text messaging (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to SmallWeb customers. SmallWeb does not allow CAN-SPAM compliant bulk email or consider emails not Spam just because you include an Opt-Out notice. Spamming also includes, but is not limited to, maintaining an open SMTP policy, sending unsolicited text messages, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on our server as well as selling or distributing software that facilitates spamming. If a SmallWeb server IP has become blacklisted due to spamming by a users domain name hosted on our servers, the violator will face immediate termination and no refunds will be given.
SmallWeb reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

Stress testing or purposely receiving DDoS/DoS attacks is not tolerated on our servers. To ensure all clients receive an acceptable level of service, any account that is receiving a DDoS/DoS attack shall not negatively affect other accounts on that server or degrade overall server performance. This includes, but is not limited to: null routing the offending IP address(s) and suspending or terminating the account in question. This also applies when sending a DDoS/DoS attack.

SmallWeb services may only be used for lawful purposes. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to:

warez, nulled scripts or copyrighted and trademarked material;
providing access to or linking to copyrighted material, trade secrets or other intellectual property rights used without proper authorization;
material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
pornography that is deemed illegal in the country your service is located in, including pornography depicting human or human like characters under the age of 18.
hosting or distribution of worms, keyloggers, viruses, malware, Trojans or other harmful or malicious media.
hacking, cracking, or otherwise accessing or attempting to access a computer, server, account, device or network illegally or without proper consent.

SmallWeb reserves the right to immediately terminate any account containing, providing access to or linking to illegal material.

Account storage space is meant for files related to your websites only. Using your disk space for backups of any kind, file sharing or any type of short or long term storage is not permitted. This also includes the usage of cloud storage applications such as ownCloud or NextCloud.

System resources are fair-share. This means you cannot abuse the resource limits in a way that consumes enough resources to negatively impact other clients.

Any account should not use more than 25% CPU consistently for more than 5 minutes. If you are consistently using 25% or more CPU, you will need to upgrade to the next available hosting plan. If you are using the maximum hosting plan and are still using 25% or more CPU consistently, then you have most likely outgrown a shared hosting environment and should therefore obtain a VPS or dedicated server to better suit your needs.

SmallWeb allows legal adult content. This excludes services in Germany where adult content is prohibited and will be immediately and permanently removed.

Payment disputes are prohibited. Any dispute against any payment made to SmallWeb Ltd will result in the immediate suspension of all services on the associated account. If a dispute resolution is not reached within 48 hours, the related service and all other services on the account will be terminated. Additionally, we reserve the right to charge a £20 account re-activation fee should a chargeback or dispute arise.

You may not use our services for IRC. Accessing IRC. IRC access, IRC robots ("bots" or "clones"), IRC scripts and automated IRC communications are prohibited.

Further prohibited materials include: IRC related items, Proxy scripts, VPN scripts, Nulled or pirated software, Image or File hosting, Rapid Leech scripts, File sharing applications (including cloud apps such as: ownCloud, NextCloud), PTC sites, Spam or bulk mail scripts, Free domain names (such as .tk) Hacking sites, Sites that promote illegal activity, Sites or forums that link to and/or distribute illegal content or copyrighted material, Sites that host or link to copyrighted material without proper consent, Bitcoin miners, Chatroom scripts, Auto-blog scripts or plugins and Social media (Facebook, Instagram, etc.) auto-post or auto-like scripts.

Any account found in violation of this Acceptable Usage Policy will be suspended and pending investigation, possibly terminated with no refunds given.


LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability and non-infringement.

In no case shall SmallWeb Ltd, our directors, officers, employees, affiliates, agents, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


CHANGES TO THESE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

These Terms of Service were last amended June 29th, 2020.


CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at help@smallweb.net.

Alternatively you may write to us at:

SmallWeb Ltd
20 Awbery House
Buttrils Walk
Barry, Vale of Glamorgan
CF62 8DG, UK