Terms & Conditions
We know; the legal stuff isn’t very fun, but it’s kind of important. We’ve tried to keep it as straightforward as possible. Please take some time to read through our Terms & Conditions before purchasing anything via our website.
T&Cs Last Updated: September 1st 2018.
- 1. Information about us
- 1.1 www.hostdiamond.net is a site operated by Host Diamond (“we”, “us” and “our”). Please note that by placing an order for the Services, you consent to us sending to you our regular newsletter by email. This forms our primary method of communicating with you and will inform you of any changes to our services, billing, planned maintenance and account access information.
- 1.2 Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. English is the language offered for the conclusion of the contract between us both.
- 2. Your status
- 2.1 By placing an order through our website, you warrant that:
- 2.1.1 You are at least 18 years old.
- 2.2 If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.
- 2.1 By placing an order through our website, you warrant that:
- 3. The order process
- 3.1 You can only place an order with us for Services once you have successfully registered an account with us. Information that you provide while registering an account with us must be complete and accurate. By creating an account you agree that we may block access to the account and the Services we supply if we reasonably believe that the information you have supplied is inaccurate. You must keep your user name and password private at all times and not allow anyone else to use it. You must contact us should you believe that your username or password has become known to someone else.
- 3.2 Before you submit an order you will be shown a summary on screen including details of the Services you have wish to order and the price payable. There will be an option to amend/correct and errors before proceeding to completion of the order.
- 3.3 Before being able to submit an order you will be required to register a credit or debit card. We also accept payments via PayPal.
- 3.4 Once an order has been placed, we will provide you with confirmation of the Services you have ordered. This confirmation will be sent to the email address registered to your account. Copies of previous invoices will be stored on your account.
- 4. Our status
- 4.1 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from companies to whose website we have provided a link on our website will be of satisfactory quality, and any such warranties are disclaimed by us absolutely.
- 4.2 Any disclaimer does not affect your statutory rights against the third-party seller.
- 5. Our limited money back guarantee
- 5.1 You may cancel at any time within 30 days, beginning on the day after you received the Acceptance Confirmation. If you do so, you will receive a full refund of the price paid for the Hosting Service you have cancelled. We will refund the price you have paid to the credit card, debit card or other account you used to make that payment. No other refund will be made. Limited to one per customer.
- 5.2 To cancel your service you must inform by raising a support ticket before the end of the 30 day period mentioned above. As part of our cancellation process, we will respond to you to confirm your cancellation request. You must re-confirm your cancellation request by replying to this confirmation or we will continue to supply the Hosting Service and your cancellation will be ineffective. This is to ensure that we do not delete any data you need to retain.
- 5.3 In summary, the Services which may not be cancelled under the limited money back guarantee include (but are not limited to):
- 5.3.1 Domain Registration and Domain Registration Renewals.
- 5.3.2 Private SSL certificates.
- 5.3.3 Virtual Private Servers (VPS) and associated products.
- 5.3.4 Any other ‘add on’ products.
- 6. Price and payment
- 6.1 The price of any Services will be as quoted on our website.
- 6.2 The total cost of your order of the Services will be set out clearly before you submit your order for the Services.
- 6.3 Prices are liable to change at any time. We will notify you of a change in our prices at least 14 days before the price increase comes into force. If you do not cancel you will be deemed to have accepted the new prices, and they will be charged to your account.
- 6.4 Due to the number of Services offered for sale, it is possible that despite our best efforts, some Services may be incorrectly priced. We deal with these situations accordingly:
- 6.4.1 Where a Service’s correct price is less than our stated price, we will charge the lower amount when accepting your order;
- 6.4.2 If a Service’s correct price is higher than the price stated on our website, we will normally, contact you for instructions before accepting your order; and
- 6.4.3 We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you an Acceptance Confirmation.
- 6.5 We reserve the right to seek to recover any outstanding amounts due by you by other means, including referring the debt to an external debt recovery agent if necessary. If this method is sought, you may become liable for additional fees and charges and you agree to pay such charges in addition to the outstanding amount owed to us.
- 6.6 Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds. If your chosen method of payment is not authorised by your credit card provider or bank, you hereby authorise us to seek payment from any other credit card, debit card or direct debit registered against your account.
- If we fail to authorise payment your account may be suspended.
- 7. Quality
- 7.1 We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us through our website will be provided with reasonable care and skill.
- 7.2 We will not be liable for a breach of the warranty provided above unless:
- 7.2.1 you give written notice of the breach to us
- 7.2.2 we are given a reasonable opportunity after receiving the notice of examining our provision of the Services to you
- 7.2.3 the problem arises because you failed to follow our oral or written instructions as to the use of the Services (if there are any)
- 7.2.4 you alter the Services without our written consent
- 7.2.5 the problem arises because of misuse
- 7.3 If we are in breach of the warranty in accordance with the clause above we will, use all reasonable commercial efforts to remedy the breach promptly or refund the price of the Services at the pro rata Contract price.
- 7.4 By accepting these terms, you acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out on our website or otherwise confirmed in writing by us. Nothing in this clause will exclude or limit our liability to you for fraudulent misrepresentation.
- 8. Access to the Hosting Service
- 8.1 It is your responsibility to ensure that necessary arrangements for access to our Hosting Services are in place.
- 8.2 You are also responsible for ensuring that all persons who access our Services through your Internet connection are aware of these terms and conditions (and in particular our acceptable use policy).
- 9. Hosting Service service levels
- We do not warrant access to our servers will be uninterrupted or error free, but we shall use reasonable endeavours to keep downtime to a minimum.
- 10. IP addresses
- 10.1 You will have no right, title or interest in any internet protocol address (“IP address”) allocated to you throughout use of upon the expiry or termination of Services.
- 10.2 Any IP address allocated to you is allocated as part of the Hosting Service you purchased and is not portable or otherwise transferable by you in any manner whatsoever.
- 10.3 If an IP address is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you.
- 11. Back-up of your material and our servers
- 11.1 It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload onto our servers as part of your use of the Hosting Services. We provide free tools to make website and database backups in our control panels. In the event of loss of or damage to your material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure.
- 11.2 We will follow our archiving procedures for the data stored on our servers.
- 11.3 We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third-party.
- 12. Hosting Service usage limitations
- 12.1 The Hosting Service package you order includes the per calendar month bandwidth allowance applicable to that hosting package as this is set out on this website at the time of your order.
- 12.2 The Hosting Service you have ordered will be automatically suspended if this monthly bandwidth allowance is exceeded. If this happens, you may upgrade your Hosting Service package to one which includes a higher monthly bandwidth allowance, or wait for the Hosting Service to resume at the start of the following calendar month. You can monitor your monthly bandwidth usage in our control panel.
- 12.3 Unless the Hosting Service package you order includes a virtual private server, you will only be allowed to use a maximum of 10% of our server’s processing capacity when using the Hosting Service package you order.
- 12.4 We may allow your usage to exceed this CPU limitation, and we will speak to you about your hosting requirements if your usage has a detrimental effect on our other customers. Please note that this right is at our absolute discretion,
- 12.5 The Hosting Service package you order includes the number of mailboxes applicable to that hosting package as this is set out on our website at the time of your order.
- 12.6 Any mailboxes that have not been accessed for 100 clear days will be automatically deleted from our system.
- 12.7 When using the Services, you must comply with our Terms of Website Use and our Acceptable Use Policy. Any conflict between our terms of website use and these terms and conditions, will be resolved in favour of these terms and conditions.
- 13. Support
- 13.1 Our support team will help resolve any problems you have with the Services you are receiving. We will not provide programming support to you, but, as part of our Hosting Services, our servers are compatible with many programming languages.
- 13.2 We do not provide telephone technical support. Support is provided via online support ticket.
- 14. Domain names
- 14.1 Where the Contract includes our Domain Registration and Renewal Service:
- 14.1.1 we will endeavour to procure the registration of the domain name you request
- 14.1.2 we will not be liable in the event that the relevant domain name registry refuses to register the domain name you request, or subsequently suspends or revokes any registration for that domain name.
- 14.1.3 we shall not act as your agent or on your behalf in any dealings with domain name registry.
- 14.1.4 the registration of the domain name you request and its ongoing use is subject to the relevant domain name registry’s terms and conditions of use which you should consider.
- 14.1.5 you are responsible for ensuring that you are aware of the terms so that you can comply with them.
- 14.1.6 the domain name you request will only have been successfully registered when you appear as the registrant on the appropriate “whois” database of the top level domain name registrar.
- 14.1.7 we shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to be registered, and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may or is likely to be in bad faith, breach of the provisions of these terms and conditions or any legal or regulatory requirement.
- 14.1.8 you confirm and warrant that you are the owner of any trade mark in any domain name (or have the authority of the owner of any trade mark to use such name) that you have requested be registered.
- 14.2 You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you, or otherwise authorised by you, for use as a domain name in connection with any website in relation to which the Hosting Service supplied to you is used.
- 14.3 Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. We will send you renewal notices 30 days, 7 days and 1 day before the renewal date of your registered domain name. These notices will be sent to the email address then registered against your account.
- 14.4 You hereby authorise us to automatically renew the domain name for you unless you have cancelled the Domain Registration and Renewal Service in accordance with these terms and conditions.
- 14.5 The price for the renewal will be as set out in the renewals page of the customer administration area and will be charged against one of the payment methods then registered against your account.
- 14.6 You acknowledge and agree that we may place a number of locks on any domain registered with us either at the time of registration or at any time thereafter and without further notice to you.
- 14.1 Where the Contract includes our Domain Registration and Renewal Service:
- 15. Intellectual property rights
- 15.1 You, retain all intellectual property rights in your material, and you grant to us a worldwide, non-exclusive, royalty free licence to use, store and maintain your material on our servers and publish it on the Internet for the purpose of providing the Hosting Service to you.
- 15.2 You warrant that your material does not infringe the intellectual property rights of any third-party and you have the authority to grant the licence to us. We may make such copies as may be necessary to perform our obligations, including making back-up copies of your material.
- 15.3 You will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services or of any claim or action that your material infringes, or allegedly infringes, the intellectual property rights of a third party.
- 15.4 If you download software from our website, we grant you a non-exclusive, non-transferable royalty free licence to use that software for the purpose set out on our website in relation to that software. Such licence will automatically terminate when we terminate providing the Hosting Services to you.
- 15.5 Any third-party software that you download from our website shall be licensed to you on the standard software licence terms of the owner of the intellectual property rights in that third party software as those licence terms are notified to you at the time you download such software.
- 15.6 We retain all intellectual property rights in the Hosting Services (other than in your material) and our software. You must not decompile, disassemble the Hosting Services or our software.
- 15.7 We will defend you against any claim that the Hosting Services infringe any United Kingdom intellectual property rights of a third party, and shall indemnify you for any amounts awarded against you in judgment or settlement of such claims, provided that:
- 15.7.1 you give prompt notice of any such claim.
- 15.7.2 you make no admissions or settlements without our prior written consent.
- 15.7.3 you provide reasonable co-operation to us in the defence and settlement of such claim, at your expense.
- 15.7.4 we are given sole authority to defend or settle the claim.
- 16. Our liability
- 16.1 We do not monitor and will not have any liability for your material or any other communication you transmit by virtue of the Hosting Services.
- 16.2 Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider
- 16.3 No guarantee or representation is given that the Hosting Services will be free from security incidents or unauthorised users.
- 16.4 All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.
- 16.5 We do not exclude or limit in any way our liability:
- 16.5.1 for death or personal injury caused by our negligence;
- 16.5.2 under section 2(3) of the Consumer Protection Act 1987
- 16.5.3 for fraud or fraudulent misrepresentation
- 16.5.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- 16.6 We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:
- 16.6.1 loss of income or revenue.
- 16.6.2 loss of business.
- 16.6.3 loss of profits or contracts.
- 16.6.4 loss of anticipated savings.
- 16.6.5 loss of goodwill.
- 16.6.6 loss of software or data.
- 16.6.7 wasted expenditure (such as pay per click advertising costs).
- 16.6.8 wasted management or office time.
- 16.7 Subject to these terms and conditions, our maximum aggregate liability under or in connection with the performance or contemplated performance of the Contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the price you have paid to us for the Services during the 12 months preceding the event giving rise to the liability in question.
- 16.8 You are advised to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services (in particular the Hosting Service).
- 16.9 Where you buy any product or service from a third-party seller through following a link on our website to such third party’s website, the seller’s individual liability will be set out in the seller’s terms and conditions. You should consult such terms and conditions.
- 17. Duration of the Services and cancellation
- 17.1 The part of the Contract relating to our Domain Registration and Renewal Service will commence on the date we send you our Acceptance Confirmation. It will continue until:
- 17.1.1 we have registered the domain name you have requested (the “Domain Name”) and you subsequently ask us not to renew the registration of your Domain Name
- 17.1.2 we terminate the supply of our Domain Registration and Renewal Service by notice to you because:
- 18.104.22.168 the Domain Name is no longer available for registration
- 22.214.171.124 you are in breach of the terms and conditions herewith
- 126.96.36.199 of some other reason preventing the registration of the Domain Name.
- 17.2 If we terminate the Domain Registration and Renewal Service under the clauses of this agreement, we will refund the price you have paid for the Domain Registration and Renewal Service to the credit card, debit card or other account you used to make the payment.
- 17.3 That part of the Contract relating to Services other than our Domain Registration and Renewal Service will commence on the date we send you our Acceptance Confirmation. Unless such Services are terminated as provided for in this clause they shall continue for the minimum period of time that applies to the Service you have purchased (“Minimum Term”). After expiry of the Minimum Term, they will continue on a month to month basis until terminated:
- 17.3.1 by you, as a Consumer, informing us of your decision to cancel the Contract by a clear statement. This should be via online support ticket;
- 17.3.2 by you, as a Business customer, informing us of your decision to cancel the Contract. This should be via online support ticket
- 17.3.3 by us giving to you at least 30 days advanced notice in writing sent to the then current email address registered against your account
- 17.3.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. We request that you do this at least two working days before the cancellation date.
- 17.5 As part of our cancellation process, you must re-confirm your cancellation request via our support ticket system or we will continue to supply the relevant Services and your cancellation will be ineffective. You cannot cancel any of your Services by letter, email or telephone.
- 17.6 We will not provide you with a refund for a cancellation that is part-way through a billing period.
- 17.7 Without prejudice to any other right to terminate or suspend the Services we may have under these terms and conditions, our Terms of Website Use or our Acceptable Use Policy we may terminate the Contract at any time by giving you 30 days’ advance notice by emailing you at the email address registered against your account.
- 17.8 If we cancel the Services, we will refund to you the price you have paid for the Services on a pro-rata basis for the unexpired Minimum Term
- 17.9 Notwithstanding anything to the contrary in these terms and conditions, if you are in breach of an obligation of these terms and conditions we may terminate the Contract by 7 days’ notice to you.
- 17.10 Expiry or termination of the Contract shall be without prejudice to any rights and liability of either of us arising in any way under that Contract as at the date of expiry or termination.
- 17.1 The part of the Contract relating to our Domain Registration and Renewal Service will commence on the date we send you our Acceptance Confirmation. It will continue until:
- 18. Deletion of your data
- 18.1 If you cancel your Services, any data we hold or host in relation to the Services you have cancelled will be immediately and permanently deleted from our system.
- 18.2 Accordingly, you are strongly advised to make appropriate copies of such data before you cancel your Services.
- 19. Additional terms
- 19.1 Additional terms and conditions may apply for our offers. If so, you will be advised of them at the relevant point.
- 20. Written communications
- 20.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic.
- 20.2 We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- 21. Notices
- 21.1 All notices given by you to us must be given though our online system.
- 21.2 We may give notice to you at either the then current e-mail or postal address registered against your account with us.
- 22. Third-party rights and transfer of rights and obligations
- 22.1 Neither you nor we intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third-Parties) Act 1999 by any person that is not a party to it.
- 22.2 The Contract is binding on you and us and on our respective successors and assigns.
- 22.3 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
- 22.4 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- 23. Events outside our control
- 23.1 Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- 23.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
- 23.3 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- 23.3.1 misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
- 23.3.2 strikes, lock-outs or other industrial action;
- 23.3.3 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- 23.3.4 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- 23.3.5 impossibility of the use of public or private telecommunications networks; and
- 23.3.6 the acts, decrees, legislation, regulations or restrictions of any government.
- 24. Waiver
- 24.1 If we fail, at any time during the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- 24.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
- 24.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
- 25. Severability
- 25.1 If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- 26. Entire agreement
- 26.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- 26.2 We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
- 26.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
- 27. Changes to our terms and conditions
- 27.1 We have the right to revise and amend these terms and conditions from time to time.
- 27.2 You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
- 27.3 No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.
This policy (together with any ancillary documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed.
Please read the following carefully to understand how we will treat and regard your personal data.
What information we collect
Any personal information that you provide by filling in forms on our website. This includes information provided at the time of registering an account, purchasing services from us or requesting further services. We may also ask you for information when you report a problem with our site or the services you have purchased.
If you contact us by email, records of the correspondence may be kept.
Details of transactions you carry out through our site and of the fulfilment and administration of your orders.
We also record technical data such as your operating system, browser type, referring/exit pages and URLs, number of clicks, domain names and pages viewed in our server logs. This information is used for marketing and security purposes.
In the circumstances where we are acting as a data processor, we shall only act on the instructions of our customer as the data controller. If you provide us with personal data about a third party (for example when registering a domain on their behalf), you warrant that you have obtained the express consent from the third party for the disclosure and use of their personal data.
How we use personal data
- To register a customer account.
- To process orders that you have placed with us.
- To handle customer service and careers enquiries.
- To ensure that content from our site is presented in the most effective manner for you and for your computer.
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
- To carry out our obligations arising from any contracts entered-into between you and us.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to our service.
- To carry out marketing and statistical analysis
For the avoidance of doubt, Host Diamond will never sell your personal data to third parties.
Automatic decision making
We may use the information provided by you to perform automatic decisions about the acceptance of orders you place. This helps us combat fraud and abuse and this information never leaves our network.
Where we store your personal data
The personal data that we collect from you will be stored on our servers inside the European Economic Area (“EEA”). Occasionally, we may have to transfer personal data outside of the EEA. For example, domain registration data needs to be sent to our domain registrar outside of the EEA. By submitting your personal data, you agree to this transfer, storing or processing of data outside the EEA. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with the GDPR and our data protection policies.
We only retain your personal data for as long as we need it to fulfil the purposes for which we have initially collected it, unless otherwise required by law. We will retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements as follows:
- Invoice data is kept for a minimum of 6 years as required under UK Law
- Log files are rotated every 12 weeks. However, anonymised data may be kept for longer.
Host Diamond infrastructure backups are kept for 12 months. Web Hosting data is kept for 30 days.
In the rare event backups containing personal information are restored post-deletion, Host Diamond will make every reasonable effort to ensure data that has been forgotten is not inadvertently restored and ensure all traces of data are removed within a maximum period of 180 days unless additional retention obligations apply.
Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data: –
- The right to request a copy of your personal data which we hold about you.
- The right to request that we correct any personal data if it is found to be inaccurate or out of date. You can view, edit and remove your personal data through the Host Diamond control panel.
- The right to object to our use of your personal data and request your personal data is erased where it is no longer necessary for us to retain such data. This is known as your right to be forgotten. Please note that there may be legal reasons as to why we will need to keep your data, but please do inform us if you think we are retaining or using your personal data incorrectly.
- You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by following the Unsubscribe link at the bottom of any emails we send, or by opening a support ticket.
Who we share your information with
By entering into this agreement, you agree to the processing of data by the third parties listed below. When we introduce any new, or change any existing third-party agreements, we will ensure this policy is updated at least 30 days before the new third party processes any data.
|Stripe||Credit/Debit Card Payments|
|Tucows (OpenSRS)||Domain Names|
|GeoTrust (Symantec)||SSL/TLS Certificates|
|Google: including Google Analytics.||Site analytics, targeting and exclusion from PPC advertising, purchasing data. Reporting on anonymised data.|
|Mailchimp||Sending email and email analytics. Signups for newsletters.|
In the event of a data breach, the affected individuals will be contacted within the timescales specified in the GDPR, and a full report – highlighting any risks – will be provided.
We may obtain information about your general Internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:
- To estimate our audience size and usage pattern;
- To store information about your preferences, and so allow us to customise our site according to your individual interests;
- To speed up your searches;
- To recognise you when you return to our site.
Third party links
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Changes to this policy
How to contact us
TOU Last Updated: September 1st 2018.
We are Host Diamond and we own and operate this website (‘Site’).
You are responsible for all access to the Site using your Internet connection, even if the access is by another person.
We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. In particular, the Site may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Site.
The intellectual property rights in the Site and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.
- We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
We provide the Site on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude:
- Use the Site for any fraudulent or unlawful purpose;
- Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
- Transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
- Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
- Remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;
- Frame or mirror any part of the Site without our express prior written consent;
- Create a database by systematically downloading and storing Site content;
- Use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
- The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.
You may create a link to this Site, provided that:
- The link is fair and legal and is not presented in a way that is:
- Misleading or could suggest any type of association, approval or endorsement by us that does not exist, or
- Harmful to our reputation or the reputation of any of our affiliates;
- You retain the legal right and technical ability to immediately remove the link at any time, following a request by us to do so;
- The link is to the homepage of this Site at the following URL https://hostdiamond.net/;
- The link will not cause this Site or any content on this Site to be:
- Embedded in or ‘framed’ by any other website, or
- Otherwise displayed in a way different to the way originally intended by us.
We reserve the right to require you to immediately remove any link to the Site at any time and you shall immediately comply with any request by us to remove any such link.
AUP Last Updated: September 1st 2018.
To report junk email or abuse issues please click here.
This acceptable use policy governs your use of the services we provide (“Hosting Services”). Your use of the Hosting Services means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms and conditions. Host Diamond may modify this Acceptable Use Policy at any time without notice.
You must not allow a third party to access or use the Hosting Services.
- 1. Resource usage
- 1.1. The Shared Hosting Services comprise the provision of web space on our servers to enable you to upload pages and files for the purpose of publishing websites.
- 1.2. The Shared Hosting Services allow you ‘unlimited’ server space for normal routine “non-file-distribution” web usage. For websites that allow downloading of video, audio or other files we reserve the right to impose a bandwidth limit of fifty (50) gigabytes per calendar month.
- 1.3. Non-file-distribution usage will remain unaffected by any limit imposed on downloading of video, audio or other files.
- 1.4. In your use of the Shared Hosting Services (other than where you are using your own virtual private server), you may not:
- 1.4.1 use more than 10% of our platform’s processing capacity. There are numerous activities that could cause such problems, including (but not limited to) CGI scripts and intensive FTP, PHP or HTTP operations
- 1.4.2 run stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCd
- 1.4.3 run any type of web spider or indexer
- 1.4.4 run any software that interfaces with an Internet Relay Chat network
- 1.4.5 run any bit torrent application, tracker, or client. You may link to legal torrent files off-site, but may not host or store them on our servers
- 1.4.6 participate in any file-sharing/peer-to-peer activities
- 1.4.7 run any gaming servers
- 1.4.8 run entries or other scheduled tasks other than by configuring them through our control panel
- 1.4.9 give away web space under a domain
- 1.4.10 operate a proxy website or service
- 1.4.11 as a remote file host for other websites
- 1.4.12 operate self-hosted file sync or similar “cloud storage” based services including (but not limited to) OwnCloud, Pydio and Sparkleshare.
- 1.5 You must not use the Hosting Services as an offsite backup facility. Therefore, all files uploaded to our servers as part of your usage of the Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to operate the website of which they form part; We reserve the right to delete files or directories that are not web-visible without giving notice to you.
- 1.6. All pages of website stored on our servers as part of the Hosting Services will be available to search engines unless you take action to prevent this. If you wish to optimise your web pages for search engines you agree to use coding and techniques which comply fully with the guidelines issued by Google, Bing, Yahoo and other large search engines.
- 1.7 MySQL Databases are limited to 1024 megabytes in size, when they reach this size we will notify you.
- 2. Prohibited uses
- 2.1. You may use the Hosting Services only for lawful purposes. You may not use the Hosting Services:
- 2.1.1 in any way that breaches any applicable local, national or international law or regulation
- 2.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
- 2.1.3 for the purpose of harming or attempting to harm minors in any way
- 2.1.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below)
- 2.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (also known as SPAM – see below)
- 2.1.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware
- 2.1. You may use the Hosting Services only for lawful purposes. You may not use the Hosting Services:
- 3. Content standards
- 3.1 These content standards apply to any and all material that you allow to be hosted through the Hosting Services and to any interactive services associated with it.
- 3.2 You must comply with the spirit of the following standards. The standards apply to each part of any Material as well as to its whole.
- 3.3 Material must:
- 3.3.1 be accurate (where they state facts)
- 3.3.2 be genuinely held (where they state opinions)
- 3.3.3 comply with applicable law in the UK and in any country from which they are posted
- 3.4 Material must not:
- 3.4.1 contain any material which is defamatory of any person
- 3.4.2 contain any material which is obscene, offensive, hateful or inflammatory
- 3.4.3 contain any material that is pornographic
- 3.4.4 promote violence
- 3.4.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- 3.4.6 infringe any copyright, database right or trade mark of any other person
- 3.4.7 be likely to deceive any person
- 3.4.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
- 3.4.9 promote any illegal activity
- 3.4.10 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
- 3.4.11 be likely to harass, upset, embarrass, alarm or annoy any other person
- 3.4.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person
- 3.4.13 give the impression that they emanate from us, if this is not the case
- 3.4.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse
- 4. Zero Tolerance Spam Policy
- 4.1 We take a zero tolerance stance against the sending of unsolicited email, bulk emailing and spam. We may terminate the account of any user who send out spam with or without notice
- 4.2 Websites advertised as spam may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging or newsgroups. Any user account which results in our IP space being blacklisted will be immediately suspended and/or terminated
- 4.3 Host Diamond reserves the right to require changes or disable as necessary any website, account, database or component that does not comply with our policy
- 4.4 Host Diamond reserves the right to charge the holder of the account used to send any unsolicited email, a clean-up fee or any charges incurred for blacklist removal at our sole discretion
- 5. Reselling
- You agree not to:
- 5.1 re-sell or offer for the use of third parties any part of our Hosting Services
- 5.2 not to access without authority, interfere with, damage or disrupt
- 5.2.1 any part of the Hosting Services
- 5.2.5 any equipment or network used to provide the Hosting Services
- 5.2.3 any software used in the provision of the Hosting Services
- 5.2.4 any equipment or network or software owned or used by any third party
- 5.3 You are responsible for the good housekeeping. You agree to delete files and Hosting Services that are no longer required
- 6. Suspension and termination
- 6.1 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Hosting Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- 6.2 Failure to comply with this acceptable use policy constitutes a material breach of our terms and conditions of sale upon which you are permitted to use the Hosting Services, and may result in our taking all or any of the following actions:
- 6.2.1 immediate, temporary or permanent withdrawal of your right to use the Hosting Services
- 6.2.2 immediate, temporary or permanent removal of any Material (as defined in paragraph 3) uploaded to our servers
- 6.2.3 issue of a warning to you
- 6.2.4 issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
- 6.2.5 further legal action against you
- 6.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary
- 7. Changes to our acceptable use policy
- 7.1 We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.