Terms Of Service

Here at Wicked Servers, we just want to help you guys get the service you're looking for. We don't want to steal your identity, sell your information to third-party companies to make money, or give away any of your information at all. If you think we're doing something that you're not comfortable with regarding your information, let us know by filling out a support ticket.

Having said that, in order to provide our services, we DO have to record the information you give us, in order to bill you, contact you, etc. Provided you do business with us normally and legally, we'll never intentionally do anything with your information other than bill/contact you. These terms protect our rights so that we may ensure yours. Below is the legalese:


Ordering

Please read the following Terms of Service agreement before proceeding, then continue ordering.
These policies are designed to protect the best interests of our customers as a whole.
Wicked Server's policy is to act as a neutral provider of access to the global Internet. We reserve the right to suspend or cancel a customer's access to any or all services provided by us if it is decided that the account has been inappropriately used.

In high risk transactions it might be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied. Until all required information is provided and deemed satisfactory by our fraud verification team, no services or support can be provided. Providing false contact information of any kind may result in the termination of your account.

All services supplied by Wicked Servers are intended for the end user only and may not be shared, subleased, sold or given to third parties without Wicked Servers permission.

Any products and services to be provided to Client will be at a professional level of quality conforming to generally accepted industry standards and in compliance in all material respect with all applicable laws and regulations. Except as otherwise expressly provided in this agreement, Wicked Servers does not make, and hereby disclaims any and all other warranties, expressed or implied including any and all warranties of merchantability or fitness for a particular purpose.

Data Retention Policy

Our data retention policy is simple, we do not backup data and we are not responsible for data loss. Clients are responsible for frequently backing up their files on our system. Wicked Servers cannot be held responsible for the deletion of users' files, whether intentional or unintentional. In the event of system error, hardware failure, hacking, etc we will do our best to recover your data but can never be held liable.

Services

Wicked Servers will provide Customer with what they signed up for within their order according to the fees indicated to the Customer before Wicked Servers billed Customer. Customer also understands that unless Wicked Servers is running a promotion, Wicked Servers will not discount their price or provide anything more or less than what the customer signed up for without Customer upgrading their plan by a Wicked Servers customer service representative.

The delivery times stated on our website and by the support representatives are only estimates. A delay of any kind in the delivery of a customer’s service/product does not entitle the customer to a refund of any sort.
If Wicked Servers is unable to deliver a customer’s product/service for any reason, even if that reason is the fault of Wicked Servers, Wicked Servers reserves the right to cancel the order.

Ownership of services passes from Wicked Servers to the customer once payment has been received and Wicked Servers has delivered the product. Ownership is granted only for the paid period and can be disrupted by Wicked Servers if the customer does not follow our TOS.

Email on file

It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with HostGator, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Wicked Servers is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email.

Content

If we receive any DMCA notice, we will forward it to you and allow you 24 hours to remove the file(s).
Failure in removing the offensive content or responding within 24 hours would result in the suspension or termination of your service and a fee of €25 will be assessed.

Examples of unacceptable material on our servers include:

  • IP Spoofing
  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Erotic/Pornographic sites
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

  • Wicked Servers services, including all related equipment, networks and network devices are provided only for authorized customer use. Wicked Servers systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, 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. Use of Wicked Servers system(s) constitutes 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 must be with expressed written consent from the third party. Wicked Servers may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

    We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

    Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 24 hours.

    Sites hosted on Wicked Servers service(s) are regulated only by U.K./U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. Wicked Servers is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a UK/US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

    The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like Wicked Servers and many of Wicked Servers other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, Wicked Servers should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under Wicked Servers webhosting service(s).

    If in doubt regarding the acceptability of your site or service, please contact us at sales@tal0ne.co.uk and we will be happy to assist you.

    Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

    If any illegal data is found on the server’s leased by our customers, Wicked Servers claims no responsibility for any such data, this includes: children pornography, phishing material, scam sites, malware distribution, racism and hate crime related, terrorism and anything related to, any type of script and or files that tries to interfere with another's website, server and or home connection (DDoS attacks). If we see any traces of the mentioned content your account will be suspended and or terminated without warning.

    The client shall bear full responsibility for what has been placed on his /her server. It is the sole responsibility of the client to protect his or her server from any kind of intrusion or attack. If a server is to be hacked, or used against the customer’s will, Wicked Servers reserves the right to shut down the server as a security precaution. If the client does not protect his or her server accordingly, Wicked Servers may terminate the service without compensation. The subscriber agrees to indemnify and hold harmless Wicked Servers from any claims resulting from the use of the service which damages the subscriber or any other party.

    Direct customers: Your services will be terminated with or without notice.

    Violations will be reported to the appropriate law enforcement agency.

    It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of 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. It is required that you 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/update your password.

    Zero Tolerance Spam Policy

    We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. Wicked Servers reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Wicked Servers reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Wicked Servers.

    Rejection of Services

    Wicked Servers reserves the right to cancel, temporarily suspend or deny services to Customer at our desecration. If Wicked Servers feels that it is not of its best interest, or a liability to obtain a customer,
    Wicked Servers will take into consideration past history on both business levels and personal levels to determine if customer is a liability to the company. Wicked Servers will give notice of cancellation if
    Wicked Servers cancels Customers account, as well as temporary suspension and denied services.

    Payment

    All payments are due in advance; order processing will begin only once the payment has been received by our payment gateway and we and/or our payment partner(s) have screened the order(s) in case of fraud.

    By the Account Activation Date of each month, Wicked Servers shall either:
    (1) debit the client's credit card (when such information has been provided by the client); or
    (2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month.
    Invoices are generated 7 days prior to the original Account Activation Date, and payment shall be remitted to Wicked Servers by no later than the specified payment due date. Wicked Servers shall be entitled to immediately terminate this agreement for client's failure to make timely payments.
    Credit cards can be billed automatically unless a direct request is made to our Billing team via the ControlPanel not to do so, at least 48hours prior to the payment due date. It is the client's responsibility to ensure that they have sufficient funds to cover all transactions. In the event of payment failure, an automated invoice reminder will continue being sent. It is the customer's responsibility to provide an alternate payment method before the due date is reached. In the case of Wicked Servers not receiving payment when the invoice’s due date is reached, Wicked Servers reserves the right to suspend or terminate the service immediately.
    Invoices not paid before or on the due date will incur a late fee of 5% of the total amount that remains unpaid on the invoice.

    Price Change

    Wicked Servers reserve the right to change prices listed on tal0ne.co.uk, and the right to change the amount of resources given to plans at any time. Contract pricing customers will not be affected by any price change throughout the contract period. The amount you pay for hosting will never increase from the date of purchase.

    Chargebacks

    Should a transaction become the result of a chargeback case we reserve the right to suspend all products and services on file for a client.

    Once a resolution has been made over a chargeback case we will reactivate services based on the following criteria:

    • Payment of the chargeback fee from payment gateway (if applicable)
    • Successfull Payment of the questioned funds (if the funds have in fact been credited back to the client)
    • Description of the factors which causes the chargeback (for us to improve our service and prevent the issue arising again)

    use multiple payment gateways and the description provided for a transaction on your back statement may not reflect our company. The transaction description may contain the gateway name, and/or the invoice details. Please review transactions throughly and also consider contacting us directly before performing a chargeback case.

    As described above some gateways may charge for a chargeback to be investigated. Should the gateway do this we reserve the right to pass these fees to your account. And failure to pay will result in your services staying suspended indefinitely.

    Refunds and Disputes

    All payments made to Wicked Servers by Subscriber or on Subscriber’s behalf are NON-refundable – including the one-time set-up fee, if any, as well as any/all subsequent monthly charges (regardless of usage). We must also remind you that hosting is a virtual service, it is not a physical good. Any Paypal / Moneybookers disputes raised with us will be referred to this terms of service you agreed to, any customers raising Paypal / Moneybookers disputes will have there services terminated. No refunds are given for excessive payments, ie. duplicate payment of already paid invoice. This "excessive payment" is automatically added as credit you can use for future any invoice. Credit is automatically applied to any newly generated invoice. This policy is also applied on subscription payments.

    All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you fail to comply to these terms of services your account will be suspended and or terminated without warning. The customer is encouraged and requested to open a support ticket with the billing department for any billing errors. Failing to do so, Wicked Servers shall not accept any claims by the customer by any other means.

    Cancellation of Services

    While we pride ourselves on the service we offer we know we can not satisfy every customer every time.
    We will work with any customer to work out any problems you may have. A customer can cancel their service at any time via client area to stop future invoices. When you have canceled your service don't forget to cancel any paypal subscriptions related to that service. We're not responsible for stopping them for you or reminding you to cancel them. Failure to do so will result in paying for services you no longer use. It is at our sole discretion to refund any payments after you canceled your service.

    To cancel account, the customer must login to their account, click on My Hosting Packages, click the service you wish to cancel, and click "Request Cancellation". Cancellation by any other means will not be an acceptable form of a cancellation request.

    You will have two options:

    • Immediate: Your service will be terminated within 24 hours. You will not be able to access your service at all.

    • End of billing month: Your service will be terminated after the billed month.

    All cancellation requests require 1 week notice in advance if you are not taking your service for the next month. If we do not receive notice within 1 week of your invoice date, we need to suspend your service 3 days before the due date until payment has been made.

    Resource Usage - VPS Hosting

    User may not:

    1) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
    2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
    3) Run any type of web spider or indexer (including Google Cash / AdSpy)
    4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
    5) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
    6) Run cron entries with intervals of less than 15 minutes.
    7) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
    8) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
    9) To help reduce usage, do not force html to handle server-side code (like php and shtml).
    10) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

    Dedicated Servers Bandwidth Usage

    You are allocated a monthly bandwidth allowance. This allowance varies depending on the dedicated hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

    Indemnify

    Customer agrees that it shall defend, indemnify, save and hold Wicked Servers harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Wicked Servers, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Wicked Servers against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Wicked Servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Wicked Servers server.

    Arbitration

    By using any Wicked Servers services, you agree to submit to binding arbitration. If any disputes or claims arise against Wicked Servers or its subsidiaries, such disputes will be handled by an arbitrator of Wicked Servers choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

    Disclaimer

    Wicked Servers shall not be responsible for any damages your business may suffer. Wicked Servers makes no warranties of any kind, expressed or implied for services we provide. Wicked Servers disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Wicked Servers and its employees.

    Good Neighbor Policy (Shared Seedbox)

    Wicked Servers specializes in "shared seedbox hosting" and before you sign up with us it's important that you know what shared seedbox hosting is and how it plays a part in your web site hosting experience. For simplicity's sake let's just say that there are two types of web hosting; shared and dedicated.

    Shared Web Hosting: Means you pay a relatively small amount of money and your seedbox is hosted on a server that is shared by other customers. Dedicated Hosting: Means you pay a premium, but the server is only used by your seedbox. Nothing you do affects anybody else's site and nothing anyone else does will affect your site.

    Wicked Servers Good Neighbor Policy states that "no seedbox shall be allowed to affect the performance of other seedboxes sharing the server." This means that we constantly monitor all of the seedboxes on the server and if one of them starts to cause trouble for the others, we will take action to fix the issue. What does this mean?

    Summary: If your account (more specifically any files/torrents in your account) causes any type of problems for the other users on the server, it can and will be suspended.

    Unlimited and unmetered use policy

    Wicked Servers offers unlimited and unmetered resources, such as bandwidth and/or network traffic for some of services by reserving a very high ratio of resources per user, account or customer. Wicked Servers reserves the right for temporary limitation to such resources for administrative or other purposes. Wicked Servers reserves the right to limit, suspend, cancel or take other actions on accounts with a usage to such a high extent that may jeopardize service quality to other users/accounts on the same server, or services as a whole. Wicked Servers reserves the right to stop or restart processes or to suspend account of such users immediately without notification.

    Staff Abuse

    At Wicked Servers, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given 7 days notice to find a new host. We will issue a refund only for the unused portion of pre-paid service.

    Server Abuse

    Any attempts to undermine or cause harm to a Wicked Servers server or customer of Wicked Servers is strictly prohibited. Wicked Servers will be the sole arbiter as to what constitutes a violation of this provision. Customers found in violation of this provision will be subject to account deactivation without refund.

    Shared seedboxes login details including FTP/HTTP must not be shared to the public.

    Failure to Follow Policies

    Failure to fully comply with these terms is grounds for account suspension and/or deactivation
    (with or without refund, subject to Wicked Servers discretion). Any accounts and/or servers contained within Wicked Servers network must adhere to the above policies.
    We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund and none will be given.

    No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required. Wicked Servers reserves the right to deactivate, suspend and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.

    Downtime

    If any downtime occurs, we cannot be responsible for any damages which may occur. We will try out best to work with the datacenter and defeat the issue. If we believe the issue is unresponsive, we will provide a new service.

    Changes to TOS

    These TOS may change at anytime without notice please check back regularly for changes. Any changes that effect current customers will be given till the end of their current term to come within compliance of any changes.