Terms and Conditions

Tucha ("we", "us") provides hosting and email, domain registration and managed virtual private server hosting services together with some other services that has been talked about by and between Tucha and the customer ("the Services").

1 Conditions

By subscribing to any of the Services and opening an account with us ("the Account") you ("the Customer") agree to be bound by these terms and conditions. These terms and conditions apply to all Tucha accounts. They set out the basis on which we offer our services and thay should be read carefully.

2 Services

2.1

Tucha will use reasonable efforts to supply a continuous service. However, Tucha is not liable for any loss of data resulting from delays outside of our control, missed or non-deliveries, service interruptions or by errors or omissions of the customer. Tucha is not responsible for any losses you may suffer from as a result of acts of god or force majeure including civil unrest, riots, floods, drought, fire, wars and imposing legislation.

2.2

You agree that Tucha is not liable to you for any special consequential damages which you may suffer from as a result of loss of business, contracts, profits, savings or otherwise. Tucha is unable to take control over material sent over the internet and excludes all liability for any kind of the publication by Customer of inaccurate, misleading, offensive, threatening or obscene material, or material that is in breach of the EU or other applicable law.

2.3

Tucha's customers are liable for all charges levied by their telephone & internet service providers, power supply companies arising from the Customer's use of the Services.

2.4

From time to time Tucha or its sub-contractors need to carry out maintenance on the network, which may involve temporarily shutting its parts down. Tucha will give as many notices as possible and will try to keep this work to the period specified in the notice. Tucha accepts no liability whatsoever arising from such a suspension of the service.

2.5

The Customer agrees that he will not re-sell, sub-lease, reassign or transfer any part of the Services.

2.6

YOU acknowledge and agree that details of YOUR name, address, telephone and fax numbers together with email address (es) and assigned IP Addresses may be released to the RIPE NCC to ensure that both WE and YOU fulfill their obligations under prevailing RIPE policies and that such data may be published as the whole unit or partially in the RIPE WHOIS database.

2.7

License costs of all third party applications and software offered with our plans can be changed without any written intimation.

2.8

Tucha reserves the right to pass on any additional charges/price increases as a result of price changes from third party software and license vendors irrespective of the hosting cycle.

3 Banned Content

3.1

Customers must use Services provided for lawful, authorised purposes only. Transmission, storage, or presentation of any information, data or material in violation of any British law is prohibited. The list of banned content includes, but is not limited to :

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(a) Illegal Material - It includes illegally exploited copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.

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(b) Warez - It includes, but is not limited to, pirated software, ROMS, emulators, hacking, password cracking, IP spoofing and encrypting of any of the above. Also it includes any sites that provide "links to" or "how to" information about such material.

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(d) Proxy - We do not allow any proxy set-ups or connections or any sort of activity through remote proxy connections on our VPS Hosting and Managed VPS Hosting. The first offense committed by Customer will result on suspension of his Account. Any second violation will result on immediate Account termination.

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(e) IRC Hosts - Hosting an IRC server that is either a part of or is connected to another IRC network or server or has a connection to an IRC network. Servers or virtual hosting accounts that are either connected to or being a part of these networks will be immediately removed from our network without any notice. The server will not be reconnected to the network until your agreeing to remove any and all traces of the IRC server completely, and letting us have access to your server to confirm that the content has been completely removed. Any second violation will result on immediate account termination.

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(f) Defamatory content - any website content that makes a false claim, expressively stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image.

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(g) Bit Torrents: Usage of software and scripts for "bit torrents" or anything similar to it is not allowed on our servers. It includes sending or receiving files using these mechanisms.

3.2

We can’t edit, review or modify the contents of your website. However, we reserve the right to remove any content without any notice. For the avoidance of doubt we do not pro-actively monitor messages that you may post on our managed sites, but we reserve the right to remove such message at our sole discretion.

3.3

Any Customer that had been using Services for any of purposes contained in Clause 3.1 may have his Account terminated without any notice.

3.4

Customer agrees to fully and effectively indemnify for Tucha all losses, costs, actions, proceedings, claims, damages, expenses, (including legal expenses) or liabilities, howsoever suffered or incurred directly by Tucha in consequence of the Customers breach or non-observance of this Clause 3.

3.5

The Customer shall defend and pay all costs, damages, awards, fees (including legal expenses) and judgments awarded against Tucha arising from breach or breaches of this Clause 3. Tucha may in its absolute discretion defend such claims and may compromise such claims with the consent of the Customer, such consent not to be unreasonably withheld. The Customer shall provide Tucha with the assistance necessary to defend such claims, at the Customer’s sole expense.

4 Domains

4.1

We register domains through a partner company. We do not place your details on the whois output of the domain due to legal reasons however if you commit any sort of illegal activity we reserve full right to provide the appropriate personnel with your details. If you wish to have your details displayed upon the whois output please contact us and we will be glad to assist you.

4.2

Due to a legal agreement between our domain registrar ENOM INC and LegitScript, customers should be aware: the domains purchased with the intent of selling prescription drugs, via a company not properly licensed in the destination country, could be frozen pending a legal appeal. Tucha doesn’t have any control over this process and disputes will need to be handled through the proper legal channels in the disputed country.

5 Adult Content

We allow websites with legal adult content only. We do not allow pornographic or sexually-explicit images of children or any pictures/video which are obtained illegally to be hosted on our servers.

6 Server / Resource / Staff Abuse

6.1

You agree and understand that any attempts to undermine or cause harm to any of our servers are strictly prohibited and we take no responsibility for the usage of our clients' accounts.

6.2

If you abuse the resources we provide in any way, we reserve the unqualified right to deactivate your Account without any refund immediately.

6.3

If on our hosting you manage any site using according to our monitoring excessive CPU cycles or any resources that will cause problems to other sites, we reserve the right to impose new terms on you instead of the current terms (i.e. an upgrade), so you could keep working with your site in the most comfortable and convenient way.

6.4

Denial of Service (DOS) attacks directed at Tucha, or any attempts to launch a DOS attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result on immediate termination of your Account.

6.5

Tucha reserves the right to disable/delete any feature or application provided on hosting service without notification if that feature/application has been found detrimental and/or is hampering the web servers' overall health and performance.

6.6

If you are in any way disrespectful towards any member of the Tucha staff we have a full right to terminate your account without any refund.

7 Bandwidth

If your account exceeds the bandwidth limit, we will inform you. If you do not wish to purchase extra bandwidth or upgrade your Account and continue to exceed the limit, the Account shall be suspended until you show us that you have taken measures to ensure that the limit won’t be exceeded again or upgrade your account, whichever is earlier. The Account will be reactivated in the following month.

8 Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)

You agree and understand that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us are STRICTLY prohibited and will qualify your Account as the one for immediate deactivation with no refund. Tucha will be the sole arbiter as to what constitutes a violation of this Clause.

9 Affiliate Commissions

Affiliates cannot earn commission on the purchase of their own web hosting account and/or purchases that were made on their own billing account. As an affiliate, you are not permitted to self refer yourself. For instance, if you join our affiliate program and use the link code to sign up for your own personal account, you will not be entitled to receive any affiliate commission.

10 Backups

We guarantee service availability of 99.9 %. Additional data protection is guaranteed by free snapshots of virtual machines (once a day, the last two copies are stored).

11 Billing

Invoices are generated 10 days before the official due date. Payment must be made by the due date in order to avoid the suspension of your account. If your payment isn’t received, your account will be suspended 5 days after the official due date. If there were no attempt pay due invoice(s), is made within the next 10 days to pay due invoice(s), we reserve the right to permanently terminate your account and format all data held. In total 15 days from the official due date will pass before we permanently terminate your account.

12 Security and Viruses

12.1

You are responsible for any misuse of your Account and you must do your best to ensure that others do not gain unauthorized access to your Account. You may not use your Account to breach the security of another account or attempt to gain unauthorised access to another network or server.

12.2

Your password provides access to your Account. It is your responsibility to keep your password secure.

12.3

Sharing your password and account access with unauthorized users is strictly prohibited. You must take care of it and prevent others from using your Account since you will be responsible for the consequences.

12.4

Attempting to obtain another user's account password is strictly prohibited, and will result in termination of service.

12.5

You must adopt adequate security measures to prevent or minimize unauthorised use of your Account.

12.6

You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data that is not intended for you, logging into or making use of a server or account that you are not expressly authorised to access, or probing the security of other networks. Usage or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

12.7

You may not attempt to interfere with service to any user, host or network or carry out DOS attacks. This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

12.8

You agree and understand that users who violate systems or network security may incur criminal or civil liability. Tucha will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

12.9

You agree to complete your own tests for computer virusesaccording to the best computing practice prior to each and every operational usage of the Services.

13 Control Panel Support

13.1

Our support team will assist you with any of functions which don’t work or if there's any server side problems that needs to be rectified from either ours or Customer's end except for changing user-uploaded data (such as files, scripts, images, etc).

13.2

You will need to upload your website from your end using file manager or an FTP software. Databases should be uploaded from PHPMyAdmin and sub accounts like FTP, Mailboxes, Sub-domains, Add-on domains, Parked domains which should be setup from the client's end only.

14 Cancellations & Refunds

14.1

Tucha reserves the right to suspend OR terminate services on receipt of abuse complaints.

14.2

An unconditional 30 day money back guarantee is provided on managed VPS solutions. Domain registration fees do not come under the purview of this guarantee. Refund requests after 30 days will be refunded on a prorated basis of any unused time.

14.3

Only first-time accounts are eligible for a refund. Neither if you've had an account with us some time ago, then cancelled it and signed up again, nor if you have opened a second account with us – you will not be eligible for a refund.

14.4

There will be no refund for Dedicated Servers, Domain Registrations, SSL Certificates, Dedicated IP Addresses, Additional Add-ons, Any additional over-usage, Any control panel charges / anti-virus program charges and other program/service charges that are purchased from External Vendors as Tucha does not get any refund in case of cancellation of licenses.

14.5

Any service interruptions or downtime due to scheduled maintenance either by Tucha or our network providers will not count towards the uptime guarantee. Tucha is not liable in any way for failure of third party services.

14.6

Either you decide to cancel your hosting before the renewal date or wish to transfer your domain name to another service provider during its registration period, domain registration/transfer charges must be paid before such action will be completed.

15 Money Back Guarantee

15.1

Domain registrations are not included under the 30 day money back guarantee policy. Tucha reserves the right to decide whether it is necessary to issue pro-rated refunds under such circumstances.

15.2

All subscribers of VPS plans carry a 30 day unconditional money back guarantee. If you find the services to be either deficient or unsatisfactory, you are entitled to a full refund of the contract amount within the first 30 days of the date of account set-up.

15.3

If a refund which is requested by the Customer is to an international bank account outside of the EU, the Customer agrees to bear any charges incurred to us for the payment transfer. The amount which the Customer owes us shall be deducted from the total refund amount.

15.4

We also provide a price-freeze guarantee. You never have to pay more than the initial amount you sign up for your hosting service. Tucha reserves the right to change the resource allocation for its services & also to change the prices listed on the website.

16 Modification of Terms of Service

Tucha reserves the right to either modify or change these terms of service at all times. All customers are bound by the latest terms of service published on this website.

17 Termination

17.1

We reserve the right to refuse, terminate, or suspend your access to the Services for any reason at our sole discretion upon giving 14 days written notice to you.

17.2

We may suspend your Account immediately upon breach by you of any of the terms and conditions herein, including, without limitation, late or non-payment of monies due.

17.3

We reserve the right to terminate any account where the account holder advises that they either have or are about to initiate legal proceedings against Tucha. The notification will be given advising the scheduled termination date, allowing clients to move to a new provider and take backups. The previous months refund will also be refunded upon termination.

18 Effect of Termination

On termination or expiry of your Account for whatever reason you shall pay immediately all sums outstanding pending on your Account to Tucha within 14 working days.

19 Limitation of liability

19.1

Tucha disclaims all liabilities in connection with the following :

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(a) loss of uploaded material;

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(b) incompatibility of tServices with any of Customer's equipment, software or telecommunications links;

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(d) unsuitability, unreliability or inaccuracy of Services;

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(e) computer viruses of any kind obtained by the Customer in the course of using Services;

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(f) any security breaches whatsoever affecting Customer’s Account.

19.2

Tucha must never be liable either according to the contract, tort (including negligence) or according to indirect, incidental or consequential damages, including without limitation, loss of income, data, usage of information.

19.3

Nothing in this Clause 18 excludes each party's liability with respect to death and personal injury resulting from the negligence of that party, its employees, agents or subcontractors or to fraudulent misrepresentation or under the tort of deceit.

19.4

Subject to Clause 18.3, our liability to you in contract, tort, negligence or otherwise arising either out of or in connection to the Services should for any single incident or series of related incidents be limited to the annual fees paid to us by you in the year in which the liability has first arisen. No liability whatsoever will be accepted by us unless and until for our satisfaction you provide the documentary evidence of the fact that the loss has occurred.

19.5

We exclude all liability of any kind in respect for any material on the internet posted by Customer by means of Services and we are not responsible in any way for any goods (including software) or services provided by third parties that are advertised, sold or anyhow are available by means of Services or on the internet, the accuracy, completeness or suitability for any purpose of any website content and the acts or omissions of other providers of telecommunications or internet services (including domain name registration authorities) or for faults in or failures of their equipment.

19.6

Tucha will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

20 Indemnity

Customer agrees to defend, indemnify, save and hold Tucha free from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Tucha, its agents, its customers, officers and employees, that may arise or result from any acts or omissions of Customer, its agents, employees or assigns in connection with their use of the Services.

21 Law

21.1

This Agreement will be governed, construed and interpreted in accordance with the law of the EU and the parties submit to the exclusive jurisdiction of the EU Courts.

21.2

Both Customer and Tucha agree that a court may cross out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair and in such cases only the terms and conditions that do not include the offending clause or clauses must be enforced.