Terms & Conditions
By subscribing to any of the Services and opening an account with us (“the Account”) you (“the Customer”) agree to be bound by these terms and conditions. These terms and conditions apply to all Motion Webhosting accounts. They set out the basis on which we offer our services. This information should be read carefully and if you have any questions, please feel free to get in touch.
2.1 Motion Webhosting will use reasonable efforts to supply a continuous service. However, Motion Webhosting is not liable for any loss of data resulting from delays outside of our control, missed or non-deliveries, service interruptions or by errors or omissions of the customer. Motion Webhosting is not responsible for any losses suffered resulting from acts of god or force majeure including civil unrest, riots, floods, drought, fire, war and imposing legislation.
2.2 You agree that Motion Webhosting is not liable to you for any special consequential damages which you may suffer as a result of loss of business, contracts, profits, savings or otherwise. Motion Webhosting is unable to exercise control over material sent over the internet and excludes all liability of any kind for the publication by the Customer of inaccurate, misleading, offensive, threatening or obscene material, or material that is in breach of Scottish or other applicable law.
2.3 Motion Webhosting’s customers are liable for all charges levied by their telephone service provider and internet service provider arising from the Customer’s use of the Services.
2.4 From time to time Motion Webhosting or its sub-contractors need to carry out maintenance on the network, which may involve temporarily shutting down parts of it. Motion Webhosting will give as much notice as possible and shall try to keep this work to the period specified in the notice. Motion Webhosting accepts no liability whatsoever arising from such a suspension of the service.
2.5 The Customer agrees that it will not re-sell, sub-lease, reassign or transfer any part of the Services unless authorized to do so.
2.6 You acknowledge and agree that details of YOUR name, address, telephone and fax numbers together with email address(es) and assigned IP Addresses may be released to the RIPE NCC to ensure that both WE and YOU fulfil their obligations under prevailing RIPE policies and that such data may be published in whole or in part in the RIPE WHOIS database.
2.7 You agree to cooperate with us to facilitate your use of the Services. This cooperation includes, but is not limited to, providing us with correct contact and billing information and ensuring that you, your employees and/or agents have sufficient technical expertise to understand how to implement the Services.
3.1 Customers must use the Services provided for lawful, authorized purposes only. We strive to maintain a high level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide Services to those that are using our Services for
(a) Illegal Material – This includes illegally exploited copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
(b) Hacking, which includes, for example, penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card “phishing” techniques are also prohibited. First violation will result in immediate account suspension.
(c) Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
(d) Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory. Any second violation will result in immediate account termination.
(e) Pornography, adult material, material which incites violence, hatred, racism or which is considered obscene. We also do not allow pornographic or sexually-explicit images of children or in other words child porn to be hosted on our servers. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
(f) IRC Hosts – Hosting an IRC server that is part of or connected to another IRC network or server or has a connection to an IRC network. Servers or virtual hosting accounts, found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any second violation will result in immediate account termination.
(g) For security reasons, Motion Webhosting reserves the right to proceed with the immediate suspension without notice of any server that would be offered free of charge or for a fee, a public Proxy, IRC, VPN, TOR, for which Motion Webhosting has knowledge of malicious, fraudulent or illicit use.
(h) HYIP – We do not allow any HYIP sites, or sites that link to or have content related to HYIP sites.
3.2 We retain the right, at our discretion, to refuse to provide new service to any individual, group or business, or to discontinue providing the Services to you if you, or your customers, have excessive, multiple, and/or repeated violations of our accepted uses.
3.3 Any Customer found to be using the Services for any of the purposes contained in Clause 3.1 may have their Account suspended or terminated without notice.
3.4 The Customer agrees to fully and effectively indemnify Motion Webhosting against all losses, costs, actions, proceedings, claims, damages, expenses, (including legal expenses) or liabilities, howsoever suffered or incurred directly by Motion Webhosting in consequence of the Customers breach or non-observance of this Clause 3.
3.5 The Customer shall defend and pay all costs, damages, awards, fees (including legal expenses) and judgments awarded against Motion Webhosting arising from breach or breaches of this Clause 3. Motion Webhosting may in its absolute discretion defend such claims and may compromise such claims with the consent of the Customer, such consent not to be unreasonably withheld. The Customer shall provide Motion Webhosting with the assistance necessary to defend such claims, at the Customer’s sole expense.
4.1 When you transfer your domain physically to Motion Webhosting from your original registrar, this is called Domain Transfer. The process of nameserver changes is not related to the domain transfer process. You must create an account at Motion Webhosting to initiate a transfer. The price of domain transfer can vary depending on the TLD.
4.2 Motion Webhosting will register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. Motion Webhosting does not take responsibility for failing to renew domain names unless we are asked to do so. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire.
5. Content Transfers
Our technicians will make every effort possible to help you move your site to us. However, as a courtesy service we can not make guarantees regarding the possibility, or the time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
6. IP Allocation
Any IP order in addition to ones provided with a hosting package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with policies of RIRs. We reserve the right to deny any IP request based on insufficient justification or current IP utilization. Due to the limited number of IPv4 addresses, the maximum amount of addresses available for a server is also limited.
7. Server / Resource / Staff Abuse
7.1 You agree and understand that any attempts to undermine or cause harm to any of our servers is strictly prohibited and that we take no responsibility for the use of our clients’ accounts.
7.2 If you abuse the resources we provide in any way, we reserve the unqualified right to immediately deactivate your Account without refund.
7.3 If you operate any site using what we deem to be excessive CPU cycles or any resources that cause strain to other sites, we reserve the right to impose new terms on you in exchange for the current terms that you enjoy (i.e. an upgrade). You are allowed to use up to 25% of total resources available on a shared server and if your account continues to use more than 25% of the resources, it will result in suspension.
7.4 Denial of Service (DOS) attacks directed at Motion Webhosting, or any attempts to launch a DOS attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of your Account.
7.5 Motion Webhosting reserves the right to disable/delete any feature or application provided on shared hosting service without notification if that feature/application is found to be detrimental and/or is hampering the web servers’ overall health and performance.
If your account exceeds the bandwidth limit, we will inform you. If you do not wish to purchase extra bandwidth or upgrade your Account and continue to exceed the limit, the Account shall be suspended until you demonstrate to us that you have taken measures to ensure that the limit won’t be exceeded again or upgrade your account, whichever is earlier. The Account will be reactivated in the following month.
9. Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)
9.1 You agree and understand that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your Account for immediate deactivation with no refund. Motion Webhosting would be the sole arbiter as to what constitutes a violation of this Clause.
9.2 You agree and understand that we have set a limit of 500 outgoing emails per hour on shared and reseller hosting to avoid any sort of email spamming from our servers. Customers cannot send more than the specified number of emails in an hour irrespective of the size of their mailing lists. This limit is not valid on any other services.
10.1 If paying by a cheque, please allow 5 working days for the cheque to clear and for us to open the Account. If paying via cash we will endeavour to set up your account on the same day.
10.2 Invoices are generated 10 days before the official due date. Payment must be made by the due date to avoid the suspension of your account. If no payment is received, your account will be suspended 1 day after the official due date. If no attempt is made within the next 15 days to pay due invoice(s), we reserve the right to permanently terminate your account and format all data held. In total 6 days from the official due date will pass before we permanently terminate your account. If you require additional time in order to pay an invoice, please contact our Billing department.
11. Security and Viruses
11.1 You are responsible for any misuse of your Account and you must take steps to ensure that others do not gain unauthorized access to your Account. You may not use your Account to breach the security of another account or attempt to gain unauthorized access to another network or server.
11.2 Your password provides access to your Account. It is your responsibility to keep your password secure.
11.3 Sharing your password and account access with unauthorized users is strictly prohibited. You must take care and prevent others from using your Account since you will be responsible for the consequences.
11.4 Attempting to obtain another user’s account password is strictly prohibited, and will result in termination of service.
11.5 You must adopt adequate security measures to prevent or minimize unauthorised use of your Account.
11.6 You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorised to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
11.7 You may not attempt to interfere with service to any user, host or network or carry out DOS attacks. This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.
11.8 You agree and understand that users who violate systems or network security may incur criminal or civil liability. Motion Webhosting 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.
11.9 You agree to complete your own tests for computer viruses in accordance with best computing practice prior to each and every operational use of the Services
12. Backups & Data Loss
You must acknowledge the fact that Data loss may not be preventable in some cases. Therefore, your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. Motion Webhosting is not responsible for files and/or data residing on your account..
13. Cancellations & Refunds
13.1 Motion Webhosting reserves the right to suspend OR terminate services on receipt of abuse complaints with notice.
13.2 An conditional 7 day money back guarantee is provided on shared hosting and reseller hosting services. Product addon fees do not come under the purview of this guarantee. Refund on Virtual Private Servers and Dedicated Servers cannot be provided after 3 days of purchase. In some cases, cancellations of domain names may not be available and there may also be a deletion fee. Please feel free to enquire about this before making a purchase. You may not charge back payments through any of the payment gate ways. In order to request a refund, you will be required to get in touch.
13.3 Only first-time accounts are eligible for a refund. If you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
13.4 There will be no refund for Dedicated Ips as these are purchased from External Vendors & Motion Webhosting does not get any refund in case of cancellation of products.
13.5 Any service interruptions or downtime due to scheduled maintenance by Motion Webhosting or our network providers will not count towards the up time guarantee. Motion Webhosting is not liable in any way for failure of third party services.
13.6 Accounts NOT paid will receive notice they have an outstanding balance. If you do not attempt to respond to our notice then your account will PERMANENTLY be suspended. A $50 reactivation fee will be charged upon reactivation of suspended or terminated accounts, along with the past due hosting fees. Accounts will stay terminated until the balance is paid in full, including reactivation fees.
14. Money Back & Price Freeze Guarantee
14.1 Product Addons are not included under the money back guarantee policy. Motion Webhosting reserves the right to decide whether or not to issue pro-rated refunds under such circumstances. If you do a charge back on your payments, your account will be terminated without refund and with or without notice.
14.2 All subscribers of managed shared and reseller hosting plans carry a 7 day unconditional money back guarantee. If you find the services to be deficient or unsatisfactory, you are entitled to a full refund of the contract amount within the first 7 days of the date of account set-up. Subscribers of the virtual private servers and dedicated servers carry a 3 days unconditional money back guarantee. A partial or full refund (depending on the service) can be issued if you find the service unsatisfactory within 3 days of purchase. If you do find the service unsatisfactory after 3 days of purchase, a pro-rated refund may be issued under such circumstances.
14.3 We also provide a price-freeze guarantee. You never have to pay more than the initial amount you sign up for your hosting service. Motion Webhosting reserves the right to change the resource allocation for its services & also to change the prices listed on the website.
15. Modification of Terms of Service
Motion Webhosting reserves the right to modify or change these terms of service at all times. All customers are bound by the latest terms of service published on this website.
16.1 We reserve the right to refuse, terminate, or suspend your access to the Services for any reason at our sole discretion upon giving 7 days written notice to you.
16.2 We may suspend your Account immediately upon breach by you of any of the terms and conditions herein, including, without limitation, late or non-payment of monies due.
17. Effect of Termination
On termination or expiry of your Account for whatever reason, you may not be denied service. Motion Webhosting reserves the right to do this.
18.Limitation of liability
18.1 Motion Webhosting disclaims all liabilities in connection with the following :
(a)loss of material uploaded; (b)incompatibility of the Services with any of the Customer’s equipment, software or telecommunications links; (c)technical problems including errors or interruptions of the Services; (d)unsuitability, unreliability or inaccuracy of the Services; (e)computer viruses of any kind obtained by the Customer in the course of using the Services; (f)any security breaches whatsoever affecting the Customer?s Account.
18.2 In no event shall Motion Webhosting be liable either in contract, tort (including negligence) or otherwise for indirect, incidental or consequential damages, including without limitation, loss of income, data, use or information.
18.3 Nothing in this Clause 20 excludes each party’s liability with respect to death and personal injury resulting from the negligence of that party, its employees, agents or subcontractors or for fraudulent misrepresentation or under the tort of deceit.
18.4 Subject to Clause 18.3, our liability to you in contract, tort, negligence or otherwise arising out of or in connection with the Services shall for any one incident or series of related incidents be limited to the annual fees paid by you to us in the year in which the liability first arose. No liability whatsoever will be accepted by us unless and until you have provided documentary evidence to our satisfaction proving that loss has occurred.
18.5 We exclude all liability of any kind in respect of any material on the internet posted by the Customer by means of the Services and we are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Services or on the internet, the accuracy, completeness or suitability for any purpose of any website content and the acts or omissions of other providers of telecommunications or internet services (including domain name registration authorities) or for faults in or failures of their equipment.
18.6 Motion Webhosting will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
The Customer agrees that it shall defend, indemnify, save and hold Motion Webhosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Motion Webhosting, its agents, its customers, officers and employees, that may arise or result from any acts or omissions of the Customer, its agents, employees or assigns in connection with their use of the Services.
20.1 This Agreement shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.
20.2 The Customer and Motion Webhosting both agree that a court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been contained in them.
Last Updated: 16/02/2016 17:57 (GMT – London/Lisbon)
For any inquiries, please feel free to get in touch.