General Terms And Conditions
Privacy Policy [v2 04/2017]

[1] About Us

Tbx Host, LLC ("Tbx Host") is a leading provider of cloud Web, Reseller, and VPS hosting services as well as domain registration and management services.

We highly value our customer's privacy and care about protecting the personal information of our customers and visitors who use our websites, products, or services (collectively, our "Users")

This privacy policy provides details about how your personal information is collected, shared, and used by us.

You can learn more about our organization at https://tbxhost.co.uk

If you have any questions about this privacy policy or our practices described herein, you may contact info@tbxhost.co.uk


Covered Entities

For the sake of this policy, the covered entities to which it is applied are:

Our website - https://tbxhost.co.uk

This privacy policy covers personal information, including any information we collect, use, and share from you, as described below.

This privacy policy does not cover how our Users may share data that they collect using our services.


Information We Collect From You

Website Visitors

Like most website operators, Tbx Host collects non-personally-identifying information of the sort that web browsers and servers typically make available such as:

  • ✔  Browser Type
  • ✔  Language Preference
  • ✔  Referring Site
  • ✔  Date & Time of each visitor request
  • ✔  Pages Your View

Our purpose to collecting non-personally identifying information is to better understand how Tbx Host visitors use the website.

Tbx Host also collects potentially personal-identifying information like:

  • ✔  Email address
  • ✔  Personal website URL
  • ✔  Internet Protocol (IP) address for logged in users
  • ✔  Internet Protocol (IP) address for users placing an order
  • ✔  Internet Protocol (IP) address for users leaving comments on our blog
  • ✔  Tbx Host only discloses logged in user and commenter IP addresses under     the same circumstances that it uses and discloses personally-identifying     information as described below, except that blog commenter IP addresses and     email addresses are visible and disclosed to the administrators of the blog     where the comment was left.
Signing Up For Services; User Information

To provide web hosting services and/or domain registration/management we obtain the following information about you as described below:

  • ✔  Information you provide prior to any registration process, such as your email     when you provide it to us;
  • ✔  Information that you provide during any registration process (such as your     name, company name, email address, phone number, billing address, or credit     card information, geographic location and industry), when you call or email us     (for support or otherwise) or when you use our products or services;
  • ✔  Payment information that you provide to us (by way of our Service or     otherwise) when you purchase some of our products and services, including     credit card data.
Domain Registrations

When you purchase Domain Registration services for top level domains (TLDs), as the domain registrar, we are required to collect the following personal information from you (collectively, "Personal Information"):

  • ✔  Registrant Name
  • ✔  Registrant Organization (where applicable)
  • ✔  Registrant Address
  • ✔  Registrant Email
  • ✔  Registrant Fax (where applicable)
  • ✔  Registrant Phone number
  • ✔  Administrative Contact
  • ✔  Administrative Contact Organization (where applicable)
  • ✔  Administrative Contact Address
  • ✔  Administrative Contact Email
  • ✔  Administrative Contact Fax (where applicable)
  • ✔  Administrative Contact Telephone Number
  • ✔  Technical Contact
  • ✔  Technical Contact Organization (where applicable)
  • ✔  Technical Contact Address
  • ✔  Technical Contact Email
  • ✔  Technical Contact Fax (where applicable)
  • ✔  Technical Contact Telephone Number
  • ✔  Billing Contact
  • ✔  Billing Contact Organization (where applicable)
  • ✔  Billing Contact Address
  • ✔  Billing Contact Email
  • ✔  Billing Contact Fax (where applicable)
  • ✔  Billing Contact Telephone Number

Our collection of Personal Information is necessary to comply with contractual obligations we have with the Internet Corporation for Assigned Names and Numbers (“ICANN”) and with certain TLD registries (“Registries”) so that you can validly register your domain name. In addition to Personal Information, our contracts with some Registries may require us to collect other personal information for the registration of a TLD such as certain professional affiliations, identification or other qualifiers (“Additional Personal Information”).

Disclosure Of Information

  • Public Whois. Our contracts with ICANN and other Registries require us to make certain domain name information (“WHOIS Information”) available and accessible to the public through a searchable port 43 “WHOIS” Service via a public webpage operated by the applicable registrar of record (“WHOIS Site”). The WHOIS Site is a publicly accessible database that lists WHOIS Information, including a particular domain name, the name server(s) to which the domain name points, and the domain name’s creation and expiration date. Except for EU/EEA natural persons (as described below), your Personal Information could be displayed on the WHOIS Site.
  • EU/EEA natural persons. Not with standing the foregoing, pursuant to the European Union’s General Data Protection Regulation 2016/679, or GDPR, if you are a EU/EEA natural person (as defined by the GDPR), other than as specified in this addendum, our publication of WHOIS Information will not contain any Personal Information. Accordingly, we will not display Personal Information of a EU/EEA natural person on the WHOIS Site.
  • Transfer Out. If you initiate a transfer out of a domain name away from us as the registrar of record, pursuant to our contract with ICANN, we may need to publish your registrant email address obtained from your Personal Information on the WHOIS Site for a period of approximately five (5) calendar days. After this period and assuming a valid transfer has occurred, you would cease to be our customer for that domain name and your WHOIS Information would be managed by the gaining registrar.
  • Certain Registries. Registries are third party providers of TLDs that are independent of domain registrars. If required by contract with a particular Registry, we may be obligated, as a domain registrar of domains provided by the Registry, to provide Personal Information and Additional Personal Information to such Registry to successfully complete your domain name registration. If we provide your Personal Information and Additional Personal Information to a Registry, the Registry has its own obligation to comply with applicable data privacy laws.
  • Data Escrow. Our contract with ICANN requires us to deposit the Personal Information collected with a secure third-party escrow provider who acts solely as a holder of the data.
  • Permitted Disclosures. We may also disclose your Personal Information when required by the rules, regulations and policies of ICANN, including but not limited to the Uniform Domain-Name Dispute-Resolution Policy (UDRP).

We store this data we collect in a variety of places within our infrastructure, including system log files, back end databases and analytics systems.

Protection Of Certain Personally Identifying Information

Tbx Host discloses potentially personally-identifying and personal-identifying information only to those of its employees, contractors, and affiliated organizations that:
  • Need to know that information in order to process it on Tbx Host's behalf
  • Provide services available at Tbx Host's website and;
  • Have agreed not to disclose it to others
  • Some of those employees, contractors, and affiliated organizations may be located outside of your home country; by using Tbx Host's website, you consent to the transfer of such information to them.
  • Tbx Host will not rent or sell potentially personally-identifying information to anyone.
  • Other than to its employees, contractors, and affiliated organizations, as described above, Tbx Host discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order, or other governmental request, or when Tbx Host believes in good faith that disclosure is reasonably necessary to protect the property or rights of Tbx Host, third parties, or public at large.
  • If you are a registered user of Tbx Host and have supplied your email address, Tbx Host may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with Tbx Host and our products.
  • We primarily use the Tbx Host blog and social media channels to communicate this type of information, so we expect to keep this type of email to a minimum.
  • If you send us a request (for example via s support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users.
  • Tbx Host takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personal-identifying information.

How We Use Your Information

We have a legitimate interest in running a successful and efficient business and in providing you with Services and useful content, and we use the information we collect, both on its own and combined with any other information we collect about you, for the following purposes:

  • To provide the requested Services to you;
  • To provide you with useful content;
  • To ensure the proper functioning of our Services
  • To offer and improve our Services;
  • To provide you with requested information or technical support
  • To facilitate your movement through our websites or your use of our Services;
  • To do a better job of advertising and marketing our Services (our use of your information to do this is performed with your consent where required by applicable law);
  • To advertise and market third party products and services (such advertisement is only performed with your permission where your consent is required by applicable law)
  • To diagnose problems with our servers or our Services;
  • In connection with our security and compliance programs;
  • To administer our websites;
  • To communicate with you;
  • To target prospective customers with our products or services (such targeting is only performed with your permission where your consent is required by applicable law);
  • To assist us in offering you a personalized experience or otherwise tailor our Services to you; and
  • As otherwise described in this privacy policy.

We also use the information we receive in aggregated and anonymized formats to produce reports on trends and statistics, such as mobile search trends, email open rates by industry, campaign best practices or the number of users that have been exposed to, or clicked on, our websites or evaluated or purchased our products and services.

Payment information that you provide to us, including credit card data, will only be used to facilitate payment for our products and services.

We also use recorded telephone conversations for quality control purposes, to train our employees and for our own protection.

How We Shared Information

Tbx Host may share personal data with third parties in order to provide a better service.

  • Third Party Providers – Tbx Host may share your information with third party providers that provide services on our behalf or resellers who provide Tbx Host Services. These companies may assist with marketing support, processing credit card payments, content delivery, email, providing sales leads, and customer support. Third party providers may only process personal information pursuant to Tbx Host’s instructions, and in compliance with the Privacy Policy and other applicable regulations (e.g. EU-US Privacy Shield framework).
  • Advertising - Based on the cookies and other tracking devices, we may work with advertising companies to display ads that may be of interest to you.
  • Business Transactions – To provide information to a third party in the event of any disposition of all or any portion of our business (e.g. reorganization, sale, assignment, bankruptcy).
  • Aggregated or De-identified Data - We may disclose or use aggregated or de-identified information with third party providers for research purposes relating to our Services.
  • As Required by Law or Similar Investigations - To comply with legal obligations (e.g. subpoena) or investigate potential legal violations. Tbx Host may be required to share personal data in response to lawful requests from public authorities including to meet national security and/or law enforcement requirements.
  • Safety - We may disclose your information to protect and defend the safety of Tbx Host in connection with investigating and preventing fraud or security issues.
  • Consent - Tbx Host may share your information with your consent.

Cookie Policy And Other Tracking Technologies

Tbx Host uses cookies, beacons, tags, and other tracking technologies to gather demographic information about you, identify your visits to our Website, other interactions with our Website, and personalize your search experience on our Website. We gather information such as internet protocol (IP) addresses, internet service provider (ISP), operating system, browser type, date/time stamp, and store it in log files. To collect this information, a cookie, a standard feature of a website that allows us to store a small amount of data on your computer to allow our web servers to recognize you, may be set on your computer or device when you visit our Website. We may track your use across different websites and services. In some countries, including those in the European Economic Area ("EEA"), the information in this paragraph may be considered personal information under applicable data protection laws.

You can control how websites use cookies by changing your cookie settings (www.aboutcookies.org), but your modification may limit your use and functionality of some of the features on our Website. We may also use cookies and other tracking technologies to provide you advertising based on your browsing activities. You may opt out of targeted advertisements by visiting http://optout.networkadvertising.org, or if located in the EEA, you may opt out by visiting "http://www.youronlinechoices.eu.

Your Choices

You may unsubscribe from receiving promotional or marketing emails from Tbx Host at any time by using the “unsubscribe” link in the email received, or by emailing us at info@tbxhost.co.uk As outlined in the Section, Cookies and other Tracking Technologies, you can also control your cookie settings.

With respect to your account information, you may update, correct or delete information that you provided to us by logging into your Tbx Host account or contacting us at info@tbxhost.co.uk

Processing Information

For individuals in the EEA, Tbx Host’s legal basis for collecting and using your personal information will depend on the personal information collected and the specific context in which we collect it. Tbx Host will process personal information from you where, a) we have your consent to do so, b) where processing is necessary for Tbx Host to perform Services pursuant to an agreement, or c) where processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information, or may otherwise need the personal information to protect your vital interests or those of another person. At any time, you have the right to withdraw or decline consent. If you do not provide the requested information, Tbx Host will not be able to perform Services for you. Also, you have the right to object where we rely on our legitimate interests to process your personal information.

Business Transfers

If Tbx Host, or substantially all of its assets, were acquired, or in the unlikely event that Tbx Host goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Tbx Host may continue to use your personal information as set forth in this policy.

Your Rights

Individuals located in the EEA may have additional statutory rights available to them with respect to their personal information, including the right to access your personal information, have it erased, have it corrected, or object to or restrict processing. If you would like to make such a request, please email info@tbxhost.co.uk and we will respond within thirty (30) days. Tbx Host will need to verify that the individual is inquiring about his/her own information before we can assist with the request.

Children

Our Website and/or Services is not directed at children and our services are designed for businesses. We do not knowingly collect information from or about children under 13 years of age, and use of our services by children under 13 years of age is forbidden

Privacy Policy Changes

Although most changes are likely to be minor, Tbx Host may change its Privacy Policy from time to time, and in Tbx Host’s sole discretion. Tbx Host encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.


Terms Of Service [v2 09/2018]

These Terms of Service (the "Agreement") are an agreement between TbxHost.co.uk, LLC ("Tbx Host" or "us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Tbx Host and of the TbxHost.co.uk website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

Additional Policies and Agreements

Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.

  1. ✔ Payment/Refund Policy
  2. ✔ Privacy Policy
  3. ✔ Acceptable Use Policy
  4. ✔ Anti Spam Policy

Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.


Account Eligibility

By registering for or using the Services, you represent and warrant that:

You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.

If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.

It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Tbx Host is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the Tbx Host Billing and Support System. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.

You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

Transfers

Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service for up to 10 cPanel accounts (additional migrations are available at our standard hourly admin rate). We must be able to obtain a FULL cPanel backup from your current host and the compressed account size shall not exceed 1 GB.

We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date.

Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall Tbx Host be held liable for any lost or missing data or files resulting from a transfer to or from Tbx Host. You are solely responsible for backing up your data in all circumstances.


Tbx Host Content

Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "Tbx Host Content"), are the proprietary property of Tbx Host or Tbx Host's licensors. Tbx Host Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Tbx Host Content. Any use of Tbx Host Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Tbx Host Content. All rights to use Tbx Host Content that are not expressly granted in this Agreement are reserved by Tbx Host and Tbx Host's licensors.


User Content

You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Tbx Host that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

You may not however use your /home/ directory as a location to place backups. Including cPanel/WHM/Third Party applications. All websites are automatically backed-up nightly in third party locations. If you would like to conduct your own backups you MUST purchase block storage from us at $29.95/month per 150GB. Tbx Host reserves the right to remove any files that violate this policy under our sole discretion. User's that violate this policy are subject to immediate suspension and/or termination.

Solely for purposes of providing the Services, you hereby grant to Tbx Host a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Tbx Host does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

Tbx Host exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through TbxHost's computers, network hubs and points of presence or the Internet. Tbx Host does not monitor User Content. However, you acknowledge and agree that Tbx Host may, but is not obligated to, immediately take any corrective action in TbxHost's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Tbx Host shall have no liability due to any corrective action that Tbx Host may take.

Third Party Providers

Tbx Host may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.

Tbx Host does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Tbx Host is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

Tbx Host as Reseller or Licensor

Tbx Host may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-Tbx Host Products"). Tbx Host shall not be responsible for any changes in the Services that cause any Non-TbxHost Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Tbx Host Products, either sold, licensed or provided by Tbx Host to you will not be deemed a breach of TbxHost's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Tbx Host Product are limited to those rights extended to you by the manufacturer of such Non-Tbx Host Product. You are entitled to use any Non-Tbx Host Product supplied by Tbx Host only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Tbx Host Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Tbx Host Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

Third Party Websites

The Services may contain links to other websites that are not owned or controlled by Tbx Host ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate.

Account Security and Tbx Host Systems.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.

The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Tbx Host may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Tbx Host may, at our discretion, request documentation to prove that your access to a third party network or system is authorized. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by Tbx Host of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, Tbx Host may clean-up your account for an additional fee.

Tbx Host reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

HIPAA Disclaimer. We are not "HIPAA compliant.”

You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Tbx Host does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to "protected health information" is a material violation of this Agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that Tbx Host is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact info@tbxhost.com.

Compatibility with the Services

You agree to cooperate fully with Tbx Host in connection with Tbx Host's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Tbx Host is not responsible for any delays due to your failure to timely perform your obligations.

You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Tbx Host to provide the Services, which may be changed by Tbx Host from time to time in our sole discretion.

You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Tbx Host does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.

Multiple Accounts.

Users may not jump to multiple accounts to abuse "new customer" discounts. Users in violation of this policy will have both accounts suspended until all outstanding invoices are satisfied. Users that abuse our discount system are subject to termination without a refund.

Prepayment.

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

Autorenewal.

Unless otherwise provided, you agree that until and unless you notify Tbx Host of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.

Taxes.

Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Tbx Host's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

Late Payment.

All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Tbx Host may suspend or terminate your account and pursue the collection costs incurred by Tbx Host, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. Tbx Host will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

Domain Payments

It is solely your responsibility to notify Tbx Host's Billing department via a support ticket created from https://tbxhost.co.uk/billing/clientarea.php after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Tbx Host is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.

Fraud.

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Tbx Host may report any such misuse or fraudulent use, as determined in Tbx Host's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

Invoice Disputes.

You have ninety (90) days to dispute any charge or payment processed by Tbx Host. If you have any questions concerning a charge on your account, our billing department directly for assistance.

Money-back Guarantee.

Tbx Host offers a thirty (30) day money- back guarantee for Tbx Host's hosting services only. Subject to the terms described in Section 13 below, if you are not completely satisfied with these hosting services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a refund of the amount paid for hosting minus a $8.95 setup fee for Shared/Reseller and $19.95 setup fee for VPS Hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.

Cancellations and Refunds

Payment Method.

No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund

Money-back Guarantee.

If an account with a thirty (30) day money-back guarantee is purchased and then cancelled within the first thirty (30) days of the beginning of the term (the "Money-Back Guarantee Period"), you will, upon your written request to the Tbx Host Support Team (the "Refund Request") within thirty (30) days of such termination or cancellation ("Notice Period"), receive a full refund of all basic hosting fees previously paid by you to Tbx Host for the initial term ("Money-Back Guarantee Refund"); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section 13. Requests for these refunds must be made in writing to the Tbx Host Support Team. Refunds will only be issued for basic hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.

Refund Eligibility.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.

Non-refundable Products and Services.

There are no refunds on domain names, dedicated servers, administrative fees, license fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at Tbx Host's sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.

Cancellation Process.

You may terminate or cancel the Services by giving Tbx Host written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Tbx Host may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.

Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that "Your request has been received." Tbx Host will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately. We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.

Cancellations for shared accounts will be effective on the account's renewal date.

Domains.

Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify Tbx Host's Billing department via a support ticket created from https://tbxhost.co.uk/billing/clientarea.php to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.

Foreign Currencies.

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Tbx Host is not responsible for any change in exchange rates between the time of payment and the time of refund.

Termination

Tbx Host may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Tbx Host or others or cause Tbx Host or others to incur liability, as determined by Tbx Host in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Tbx Host shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Tbx Host may charge you for all fees due for the Services for the remaining portion of the then current term.

UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

Price Change

Tbx Host reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days' notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by Tbx Host through the user billing tool or through other methods of communication, including notices sent or posted by Tbx Host.

Limitation of Liability

IN NO EVENT WILL Tbx Host ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF Tbx Host IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Tbx Host'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Tbx Host FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

Indemnification

You agree to indemnify, defend and hold harmless Tbx Host, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

Arbitration

By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association ("AAA") in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by Tbx Host and will be held at the AAA location chosen by Tbx Host in Missouri. Payment of all filing, administrative and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Tbx Host will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The arbitrator's authority to resolve and make written awards is limited to claims between you and Tbx Host alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against Tbx Host in violation of this paragraph, you agree to pay Tbx Host's reasonable costs and attorneys' fees incurred in connection with our enforcement of this paragraph.

Independent Contractor

Tbx Host and User are independent contractors and nothing contained in this Agreement places Tbx Host and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

Governing Law; Jurisdiction

Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Missouri. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

>

Disclaimer

Tbx Host shall not be responsible for any damages your business may suffer. Tbx Host makes no warranties of any kind, expressed or implied for the Services. Tbx Host disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Tbx Host or our employees.

Backups and Data Loss

Your use of the Services is at your sole risk. Tbx Host's backup service runs once a night and overwrites any of our previous backups. Only one night of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at Tbx Host's sole discretion. Accounts larger than 20GB or 100,000 inodes WILL NOT be included in nighly backups. Tbx Host is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Tbx Host's servers.

Limited Warranty

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS." EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, Tbx Host AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. Tbx Host AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. Tbx Host AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Disclosure to Law Enforcement

Tbx Host may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.

Entire Agreement.

This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

Changes to the Agreement or the Services

Tbx Host may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Tbx Host website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.

Tbx Host reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Severability

If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

Waiver

No failure or delay by you or Tbx Host to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.

Assignment; Successors

You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Tbx Host. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Tbx Host may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

Third-Party Beneficiaries

Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.