Wicked Servers caters to people from across the globe and we strive to safeguard the interest of each client and provide them with the best possible service. These terms of service were defined in order to ensure that our services remain of world class quality. Terms of Service or TOS define the rule and regulations for using our web hosting services. All of our services are subject to the terms defined here under. Please read all the terms carefully and make sure you understand and agree to all the terms and conditions in its entirety. Signing up for using Wicked Servers Service implies that you agree with all these terms and are bound by the same.
Contact & Billing Information
You must provide us with, and keep current, accurate contact information for you. This includes but is not limited to E-mail addresses not based on the main domain of your account and telephone contacts. Maintaining accurate and updated information with us is required. It is your responsibility to ensure the email address on file is current or up to date at all times. We are not responsible for any claim, damages, fees, or otherwise as a result of accounts terminated or suspended due to inaccurate or unusable contact information. Providing false contact information of any kind may result in the termination of your account. You can update this information at any time in your client dashboard, email, or by telephone.
While we maintain the highest standards and try for near instant account activations this is not always possible. Certain account types such as dedicated servers, virtual private servers, and colocation services may often require a great deal of extra time to provision. At times additional fraud checks or information may be needed, and the client agrees to provide said information in a timely manner. We make no guarantees in regards to the speed in which an order is completed. Accounts will only enter the setup queue once we have received payment and screened the order for fraud. Accounts are then setup in the order they are paid, received, and screened. In certain cases such as dedicated or virtual private servers purchases and other high risk transactions, it may be necessary to provide government issued identification and a scan of the credit card used. If you fail to meet any requirements, the order may be canceled without notice.
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.
In certain cases where requested by the client we will transfer your data from the previous provider to our servers. This will be done with our best efforts, however, we do not guarantee the transfer process. This courtesy service is done on an as requested and as available on a case-by-case basis. Each provider may use different software, configurations, and/or other variables which complicate or in some cases prevent a smooth transfer. We will provide free transfers when possible as long as the new environment and control panel are the same as the old host/server. We will advise you if your free move is not possible and what the rate will be if you wish us to proceed at that point. We do not guarantee the transfers will be successful, complete, or done in a certain period of time.
All services provided by Wicked Servers may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene.
The customer agrees to indemnify and hold harmless Wicked Servers from any claims resulting from the use of our services.
Examples of Unacceptable Material:
Scam Sites (ex: Ebay/Paypal,CC/Password Scam sites)
Mail bombers or any sort of spam sites
Roms / Emulators
Hack programs and archives
Spamming ( Includes Forum Spamming, Black Hat Scripts )
Drugs and drug paraphernalia
Weapons (including without limitation, knives, guns, firearms or ammunition)
Satellite and cable TV descramblers
Pornography, adult material, material which incites violence, hatred, racism or which is considered obscene
DOS/DDOS Attacks Scripts (Booters, Botnet, PortScanning, Shell, Stressing Testing etc.)
IP Spoofing/ARP attacks
Port Scanning, Brute Force Attacks
Government IDs and licences including replicas and novelty items and any counterfeit products.
Unlicensed or illegal lotteries or gambling services (including without limitation the use of or participation in illegal gambling houses).
Unregistered charity services Items which encourage or facilitate illegal activities.
Prepaid debit cards or other stored value cards that are not associated with a particular merchant and are not limited to purchases of particular products or services.
Third party processing or payment aggregation products or services.
Multi-level marketing, pyramid selling or ponzi schemes, matrix programmes or other get rich quick schemes or high yield investment programmes.
Goods or services that infringe the intellectual property rights of a third party.
Timeshares or property reservation payments (On and Off Plan).
Wicked Servers will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports. 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.
Zero Tolerance Spam Policy
I. Wicked Servers, ("the Company") maintains a zero tolerance policy for use of its network in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail ("SPAM"). You may not use any our services or network to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network may not:
Use or contain invalid or forged headers;
Use or contain invalid or non-existent domain names;
Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
Use other means of deceptive addressing;
Use a third party's internet domain name, or be relayed from or through a third party's equipment, without permission of the third party;
Contain false or misleading information in the subject line or otherwise contain false or misleading content;
Fail to comply with additional technical standards described below;
Otherwise violate the Company's terms and conditions.
III. The Company does not permit or authorize any attempt to use its network in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party's use and enjoyment of any the Company product or service.
IV. We monitor all traffic to and from our servers. Customers suspected of using the Company's products and services for the purpose of sending SPAM will be investigated. It is the Company's policy to immediately remove and deactivate any offending web site sending SPAM.
V. Customers may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. The Company may consider the lack of such proof of explicit affirmative permission of a questionable mailing.
VI. Customers are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation.
VII. Customers are prohibited from providing hosting services for websites that have been included in SPAM. Hosting includes, but is not limited to, hosting website(s), providing DNS services as well as website redirect services.
VIII. If the Company believes that unauthorized or improper use is being made of any product or service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. The Company may immediately terminate any account on any product or service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.
XI. The Company reserves the right to suspend and/or cancel permanently any and all services provided to a User without any notification. If a Customer is in violation of any term or condition of this SPAM Policy, the Acceptable Use Policy, User Agreement or uses of our services to disrupt or, in the Company's sole judgment, could disrupt the Company's business operations, the Company reserves the right to charge such Customer an administrative fee equal to $10000 per each piece of SPAM sent.
X. To report an incidence of SPAM, please send an email to firstname.lastname@example.org
XI. Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, our network. Failure to enforce this policy in every instance does not amount to a waiver of the Company's rights.
XII. Unauthorized use of the Company's network in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those provided by state and federal laws.
Billing and Payments
You agree to supply appropriate payment for the services received from Wicked Servers, in advance of the time period during which such services are provided. You agree that until and unless you notify Wicked Servers of your desire to cancel any or all services received, those services will be billed on a recurring basis. Billing of the activated service will be charged from the day of service provision. Wicked Servers reserves the right to change the monthly payment amount and any other charges at anytime.
Wicked Servers generates invoice of the services 7 days before due date. And Invoice payment reminder is sent 3 days prior to the due date. Wicked Servers will be charging 5% late fees to any overdue invoices of the services after 1 day of due date. Customer acknowledges to clear the total overdue invoice, along with the late fees charged. 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 that are paid more than once or any other over-payments can only be added as credit towards the account and can not be refunded. This policy is also applied on subscription payments.
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.
Wicked Servers has a 7 day notice period for cancellation of your account. Cancellation must be received at least 7 days before your next invoice due date.
Requests for cancellation must be submitted via the billing area (My Services > View Details > Management Actions > Request Cancellation). Your cancellation will be confirmed by email and logged on your account. Once an account has been terminated we do not retain any data or backups.
Until an account is officially canceled via cancellation form you are obligated to pay for your account even if you do not use it. It costs us on an ongoing basis to provision space, power, and bandwidth for services of our clients. We continue to provision those services for your use until you cancel with us therefore we can not know if you are not using the space after we have provisioned it. Because we have provisioned services and provided you with details you have the ability to use your account. An unused account still uses system resources that could be used for other customers.
All shared hosting clients can get a pro-rata refund (you only pay for the time/resources you used) during the first 48 hours of service. After this window refunds are not possible. To request a refund open up a private ticket. We appreciate it if you would also state the reason for your refund because this feedback can be very valuable to further improve our services.
We will not refund or credit under the following circumstances:
Changing your mind
Geo-location or mistake in location
We reserves the right to deny a refund request or provide a partial refund
Failing to ask a question on the nature of our services, or a particular spec or configuration
There are no refunds on domain name registrations, dedicated servers, colocation services, service addons, software licenses, administrative fees, support or install fees
We will not refund accounts that do not cancel before their next due date. Meaning, while canceling, your last payment made prior to canceling will not be refunded. Client may request a cancellation date that matches the service end date
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us
Additional/Advance/Credit funds payment made by the client for future months do not include in refund policy, it can only be used for purchasing new services or paying any existing/upcoming invoices at our website.
Account renewals and recurring payments are non-refundable
Account termination or suspension due to non-following of our Terms of Service
Account termination or suspension due to any kind of illegal activity
Service termination or suspension due to non-payment, or late payment of any services, licenses, or add-ons attached to said services
We reserve the right to refuse a refund for users who keep opening new accounts and then requesting a refund
All overcharge or billing disputes must be reported within 30 days of the time the dispute occurred. You can NOT open any dispute to PayPal, your card issuer or any other third party. If you do so, your account will be terminated immediately. Your Refund request will be canceled and No refund will be provided
If you don't agree with the above rules, please DO NOT place order
Chargebacks and Disputes
Under this Terms of Service agreement you must first contact Wicked Servers to attempt to resolve any billing disputes before contacting your bank or credit card company to dispute the charges. You further agree that any billing disputes must be submitted in writing to our billing department within one month of the invoice payment in question.
By using our services You agree to the above policy and to contact Wicked Servers before contacting your financial institution to seek a resolution. In the event you dispute charges contrary to this agreement, we reserve the right to refer your account or sell your debt (plus any applicable fees) to a third party collection agency. We also reserve the right to take further legal action against you. Any dispute to a credit card charge aka chargeback, wrongful or intentional, will result in a €25 administrative fee in addition to the disputed charge before service can be restored. Wicked Servers may temporarily deny service or terminate this Agreement upon the failure of client to pay charges when due. Such termination or denial will not relieve client of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Wicked Servers reserves the right to change the pricing of products and/or services at any time at its own discretion.
We publish price changes on your invoice accessible through your control panel at least 7 days before your product or service is renewed. If you do not agree to such price changes, please cancel your services in accordance with our standard procedure. If you do not cancel, you will be deemed to have accepted the new prices, and they will be charged to the credit card or other payment method registered to your account.
Staff and Personal Abuse
While we all try to get along sometimes that's a challenge. Please treat our staff and personnel as you would like to be treated yourself. While we are tolerant and understanding we too are human, please treat us as such. *looking at you angry guy*. You agree to refrain from abusive and profane language on our systems, interfaces, public, and private communications. Abuse of our staff in any medium or form will result in the suspension or termination of your services.
Any attempts to undermine or cause harm to any Company server or customer of ours is strictly prohibited. We hold no responsibility for the use of our clients' accounts. Any account the abuses resources and actions are not taken to desist, calls for immediate deactivation without any refund of payments made thus far. Any site using what we deem to be using excessive cpu cycles or any resources that cause strain to other sites may also be offered new terms. Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity's computer software or hardware, electronic communications system, or telecommunications system.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Sharing your password and account access with unauthorized users is prohibited and you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service. You may not attempt to circumvent user authentication or security of any host, network or account. Users who violate systems or network security may incur criminal or civil liability. We 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.
Refusal of Service
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.
Instant Setup is just an auto process to complete Shared and VPS Hosting orders. This auto process sometimes fails due to certain conditions given below:
- Shared Hosting order fails to complete, when low stocks on the server or the chosen password starts with a number or a symbol which is not recognized by the system will lead to manual setup.
- Client receives the VPS Service and Shared Hosting Details in registered email address instantly after completion of order placement through the website.
- Instant Setup holds 99% of success rate for instant VPS setup. In cases of wrong hostname chosen by client, Operating System not selected, location not chosen, low stocks on the nodes will lead to manual setup of VPS and is not covered under instant setup.
- Manual setup of VPS and Shared Hosting will vary from 1-12 working hours. In case you needs the VPS setup urgently, client needs to open sales support with "High" priority and the order will be completed within 1-6 working hours.
Backups and Data Loss
The majority of our services are provided as is without redundancy or backup. It is your responsibility to backup your data to a secondary location when using our services.The Customer is responsible for independent backup of data stored on Wicked Servers's servers; unless the Customer has arranged for Services which include backup services in which case data backup will be performed under the terms of the specific data backup plan chosen by the Customer. Wicked Servers shall never be held liable for failure to recover data in the event of any sort of failure, and shall never be held accountable financially or otherwise for loss of data. Human deletion of data will not be compensated. We provide a number of tools that are capable of deleting content, if you find data missing but there is no evidence of corruption it will be assumed to be a human error on your behalf.
Wicked Servers provides 24/7 technical support to its Clients.
Wicked Servers limits technical support to its area of expertise, this is providing web hosting services and related features. Wicked Servers does not offer support for application specific issues such as php programming, cgi programming, html, website design and development or any other such issue. If you host multiple websites for your own clients, Wicked Servers does not provide technical support for YOUR Clients.
Any additional work you may require from Wicked Servers staff which does not fall within usual support boundaries is charged at a rate of €50 EUR per hour, in 30 minute increments.
All charges will be discussed before work commences on a per incident basis. Examples of work beyond the boundaries of normal support include: site scripting problems, script installation, website design and development.
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.
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
Licenses and Intellectual Property
Wicked Servers grants to you a non-exclusive, non-transferable, worldwide, royalty free license to use technology provided by Wicked Servers solely to access and use the Services. This license terminates on the expiration or termination of this TOS. Except for the license rights set out above, this license does not grant any additional rights to you. All right, title and interest in Wicked Servers's technology shall remain with Wicked Servers, or Wicked Servers's licensors. You are not permitted to circumvent any devices designed to protect Wicked Servers, or its licensors', ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.
We may provide technical support, implementation, customer service or administrative information to you. This information is not confidential. We may use this information, as well as aggregate information gleaned from the operation of our business in general, to improve, or create new products and services. We shall be the exclusive owners of this intellectual property. You waive any rights you may in this intellectual property, and assign all right, title and interest in it to us.
You grant Wicked Servers, and any third parties used by Wicked Servers to provide the Services, a non-exclusive, non-transferable, worldwide, royalty free license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, End Users, in conjunction with the Services. This license terminates on the expiration or termination of this TOS. All right, title and interest in your technology shall remain with you, or your licensors.
Your Representations and Warranties
You represent and warrant to Wicked Servers that:
(i) You have the experience and knowledge necessary to use the Services;
(ii) You understand and appreciate the risks inherent to you, your business and your person, that come from using the Services in particular, and doing business on the Internet in general;
(iii) You will provide us with material that may be implemented by us to provide the Services without extra effort on our part; and/or
(iv) You have sufficient knowledge about administering, designing and operating the functions facilitated by the Service to take advantage of the Service.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. OTHER THAN AS EXPRESSLY SET OUT HEREIN, WICKED SERVERS HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND TITLE. WICKED SERVERS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WICKED SERVERS IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO, OR FROM, YOU OR STORED BY YOU OR ANY OF YOUR CUSTOMERS VIA THE SERVICES PROVIDED BY US. WICKED SERVERS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. NO WARRANTIES MADE BY THESE THIRD PARTY ENTITIES TO WICKED SERVERS SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES.
THIS WARRANTY DISCLAIMER EXTENDS TO ANY ORAL OR WRITTEN INFORMATION YOU MAY HAVE RECEIVED FROM WICKED SERVERS, ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS OR AFFILIATES. YOU MAY NOT RELY ON SUCH INFORMATION.
SOME STATES DO NOT ALLOW WICKED SERVERS TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO 90 DAYS FROM THE EFFECTIVE DATE.
Limitation of Liability
It is your obligation to ensure the accuracy, integrity, title or ownership, and security of anything you receive from the Internet. You agree that Wicked Servers has no liability, of any sort, for content you or your customers access from the Internet.
Wicked Servers provides no guarantee that the Services will be uninterrupted, or continuous, that you will be able to access Wicked Servers's network at a particular time, that any data transmitted by Wicked Servers is accurate, error free, virus free, secure, or inoffensive. You acknowledge that it is your responsibility to keep back-up copies of your data. Wicked Servers is not responsible for any loss of data, for any reason. Wicked Servers is not liable for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on its network.
IN NO EVENT WILL WICKED SERVERS'S LIABILITY HEREUNDER EXCEED THE AGGREGATE FEES ACTUALLY RECEIVED BY WICKED SERVERS FROM YOU FOR THE 3 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM WICKED SERVERS SHALL BE INTERPRETED TO INCLUDE WICKED SERVERS'S EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, AFFILIATES, AND THIRD PARTIES PROVIDING SERVICES TO YOU THROUGH US.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD WICKED SERVERS OR ITS LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WICKED SERVERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless Wicked Servers and its parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to
(i) Your use of the Services
(ii) Any violation by you of any of Wicked Servers's policies;
(iii) Any breach of any of your representations, warranties or covenants contained in this TOS; and/or (iv) Any acts or omissions by you. The terms of this section shall survive any termination of this Agreement. For the purpose of this paragraph only, the terms used to designate "you" include you, your customers, visitors to your website, and users of your products or services, the use of which is facilitated by us.
Wicked Servers shall indemnify and hold you harmless from, and at its own expense agrees to defend, or at its option to settle, any claim, suit or proceeding brought or threatened against you so far as it is based on a claim that a product or service provided by Wicked Servers hereunder infringes any patent, copyright, or trademark. This indemnification provision is expressly limited to products or services which are fully owned by Wicked Servers. It does not extend to products or services provided by third parties. If set out in its agreements with third-party suppliers, Wicked Servers shall flow down similar intellectual property indemnification provisions to you. This paragraph will be conditioned on your notifying Wicked Servers promptly in writing of the claim and giving Wicked Servers full authority, information, and assistance for the defense and settlement thereof. You shall have the right to participate in the defense of the claim at your expense. If such claim has occurred, or in Wicked Servers's opinion is likely to occur, you agree to permit Wicked Servers, at its option and expense, either to:
(i) procure for you the right to continue using the product or service;
(ii) Replace with a product or service, regardless of manufacturer, performing the same or similar function as the infringing product or service, or modify the same so that it becomes non-infringing; or
(iii) If neither of the foregoing alternatives is reasonably available, immediately terminate Wicked Servers's obligations (and your rights) under this TOS with regard to such product or service, and, refund the Fee charged by us for the period in which the Services were unavailable.
Notices will be sent to you at the address you provide to us. It is your obligation to ensure that we have the most current address for you.
Please refer to our website, tal0ne.co.uk for contact information for most issues, including technical support and billing. Notices regarding this TOS and other Wicked Servers policies should be directed to:WiCKED SERVERS
KEMP HOUSE 160 CITY ROAD,
CITY: LONDON, POSTCODE: EC1V 2NX, COUNTRY: UNITED KINGDOM.
Wicked Servers offers a 99.9% uptime guarantee. This guarantee excludes scheduled maintenance periods as outlined in our Maintenance Policy. The Maintenance Policy is available at Server Maintenance Policy.
Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party's reasonable control, including without limitation acts of God, bandwidth interruptions, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event less than ten days from the beginning of the event.
Governing law and jurisdiction
This agreement, and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to it or its formation, shall be governed by and construed in accordance with the laws of England. The parties irrevocably submit to the exclusive jurisdiction of the courts of England to hear and determine any suit, action or proceedings or settle any disputes arising out of or in connection with this agreement and to enforce any judgment against their respective assets.
All claims you bring against us must be resolved in accordance with this TOS. Without limiting the previous sentence, this includes claims based on service outages which are expressly covered by our SLA. All claims filed or brought contrary to this TOS will be considered to be improperly filed and a breach of this TOS. If you file a claim contrary to this TOS, we may recover attorneys fees and costs. Attorney's fees include any fees charged by our in-house, or virtual in-house, attorneys.
No waiver of rights under this TOS, or any Wicked Servers policy, or agreement between you and Wicked Servers shall constitute a subsequent waiver of this or any other right under this TOS.
This TOS may be assigned by Wicked Servers. It may not be assigned by you. This TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.
In the event that any of the terms of this TOS become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from this TOS. All remaining terms of this Agreement shall remain in full force and effect.
Changes To The TOS
Wicked Servers reserves the right to revise its policies at any time without notice. Questions? Please feel free to Contact Us for any clarifications regarding this agreement, preferably before signing up.