Terms & Conditions and Privacy Policy

 

Privacy Policy and Terms of Service for VPS/Dedicated Servers/ Domain names/ Webhosting

Background

A The Customer wishes for "The World Servers LTD" To provide VPS, dedicated servers, or domain names.

B The parties have agreed that The World Servers LTD is to provide VPS, dedicated servers, domain names to the Customer on the following terms and conditions.

The usage of “you”, “your”, “they”, “them” shall refer to client / customer of The World Servers LTD.
The usage of “us”, “TWS”, “The World Servers” shall refer to The World Servers LTD.
Agreed terms

1 Supply of VPS, dedicated servers and domain names.

1.1 Supply

Subject to the customer paying the Fees in accordance with clause 3, The World Servers LTD must endeavour to provide the VPS Services to the Customer in volumes acceptable to The World Servers LTD.

All servers supplied from The World Servers LTD are sold as unmanaged. For managed package please contact us for pricing.

1.2 Customer requirements


(a) The Customer must:
(i) Provide The World Servers LTD with such information and assistance necessary to enable The World Servers LTD to provide the VPS Services;

(ii) Have all resources necessary to receive the VPS Services, including hardware, software, telecommunications resources and internet access acceptable to The World Servers LTD;

(iii) Not do or attempt to do any of the things described in clauses 1.5(a) or 1.5(b); and

(iv) Cooperate with The World Servers LTD, act reasonably and follow The World Servers LTD directions in connection with this agreement and receipt of the VPS Services.

(v) Must provide full accurate details that are requested on our customer portal

(vi) Have full legal licence for the software that is running on our server(s, If unlicensed programs are found running on your server(s) we will terminate the server.

(b) The Customer acknowledges and agrees that if the Customer does not comply with clause 1.2(a) then The World Servers LTD is not obliged to supply the VPS Services to the customer.

1.3 Resupply

The Customer must not resupply the VPS Services to any third party. The Customer is licensed and allowed to use only the 1 x Root account or 1 x Admin user account.

The administrator account on windows VPS’ are for The World Servers LTD to do maintenance on your server if the need arises.

The Customer is not allowed to create any additional user accounts within their VPS operating system. If a server is found with 1 or more accounts or the administrator account has been deleted or the password has been changed a £10 charge will be applied to reactivate your server.

1.4 Service Levels

Any service levels set out on the website are non-binding targets only and The World Servers LTD is not required to meet those service levels.

1.5 Suspension

The World Servers LTD may suspend the Customer's access to its Services at any time including if:

(a) The World Servers LTD suspects that the Customer has performed or may perform any illegal or unlawful acts in connection with receipt or use of the VPS Services;

(b) The World Servers LTD suspects that the Customer has or may have:

Used the VPS/Dedicated Services for:

- To engage in fraudulent behaviour;
- To defame any third party;
- To harass any third party;
- To gain unauthorised access to or interfere with any third party's online resources or systems including by any form of hacking;
- To circumvent any security measures;
- To run an IRC network;
- To interfere with any third party's online resources or systems including by carrying out a denial of service attack;
- To distribute, view or create any material that: is or may be pornographic, defamaTory, offensive, obscene, illegal or unlawful; or infringes any third party's Intellectual Property Rights;
- To distribute unsolicited emails To third parties including bulk unsolicited emails;
- To distribute a higher volume of outgoing emails than is acceptable To The World Servers LTD;
- To use a non-existent email return address;

- To use an open email relay; in a way that infringes any third party's Intellectual Property Rights; in a way that disrupts, misuses or excessively uses the hardware, bandwidth access, storage space or other resources of The World Servers LTD or The World Servers LTD other Customers; or in any other manner that is unacceptable To The World Servers LTD; or sent unsolicited email from another network that appears To have been sent using the VPS Services or from hardware The World Servers LTD uses to provide the VPS Services;

- Any kind of Hacking; running scripts to slow down the network/server, infecting other computers or servers with malware/ Trojans, fraud, money laundering, use of proxy servers, distributing copyrighted and trademark material, prescription drug sales, material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws or the laws of the UK/ Germany/France/ Canada and USA.

Any DMCA takedown notice that is received will be imminently delete with by shutting down your VPS servers and sending the VPS user and transcript of the DMCA takedown request by the email that is provided in our portal.

You agree not to host/use

We reserve the right to prohibit the use of certain services on our Virtual Private Server (VPS) and Dedicated Servers platform. We do not permit:


-KeyGens;

-hacking software;

-software patches to avoid paying for software;

- nulled software/scripts;

- linking to or storing warez; cracks or other pirated software;

- torrent/seedbox/usenet software to download/distribute copyrighted material,

- Assisting in or directly distributing copyrighted material;

We don’t allow copyrighted mp3s, audios, videos, anime, archive files our servers unless you have legal rights of these files;

- selling counterfeit goods;

- Use any port scanning software; hacking Tools;

- running bots/botnet servers

 - The reselling or provision of Virtual Private Network (VPN) services to the general public or to persons unknown to you (though the use of VPNs for non-public use are permitted).

- BitTorrent services or BitTorrent-related services.

- Torrent trackers, and hosting, storing or transferring "Torrent files."


- Bitcoin mining.

  • - Camfrog services or Camfrog-related services.
  • - Card sharing ("control word sharing") or card sharing-related services. This includes, "OSCam," "CCcam," "Newcamd" and "Cardservproxy."
  • - IRC services or IRC-related services that connect to EFnet and/or Undernet. This includes, but is not limited to: "IRCd servers," "eggdrops," "bots," and "bouncers." (Connections to IRC networks other than EFnet or Undernet are permitted.)
  • - Tor servers.
  • - Port scanning (including for the purpose of academic / scientific research)
  • - Open mail relays
  • - Sending unsolicitedcommercial email.
  • - Using hosting services in any manner that is illegal or libellous.
  • - Storing or distributing material (including software) that infringes the owner's copyright, trademark or patent.
  • - Advertisement of web links leading to material that infringes the owner's copyright, trademark or patent.
  • - Acting as a directory service to external services that aid in infringing an owner's copyright, trademark or patent.
  • - Use of unlicensed software.
  • - Hosting sites promoted by means of unsolicited email or newsgroup spamming.
  • - Promoting services or software that assist in the distribution of unsolicited commercial email.
  • - Unauthorised probing, scanning or testing the vulnerability of other systems.
  • - Unauthorised monitoring of data or traffic on any system.
  • - Use of unauthorised IP addresses.
  • - Interference with internet services, including attacks by mass mailing and flooding.
  • - Transmission of any material that threatens or encourages harm or destruction of property or people.
  • - Transmission of any material that harasses another person.
  • - Posting of defamatory, scandalous, or private information about a person without their consent.
  • - Making fraudulent offers to sell or buy products, items or services.
  • - Activities amounting to forgery or impersonation.
  • - Anonymous proxy services.
  • - child pornography
  • - pornography
  • - is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech
  • - is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes
  • - creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
  • - promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
  • - DDOS attacks, port scanning

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

  • you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner.
  • you are otherwise permitted by established United Kingdon copyright law to copy the work in that manner.

The world servers will terminate the service of repeat copyright infringers.

If The World Servers LTD receives a request or notice from a third party (including any regulatory body) requiring The World Servers LTD To cease providing the VPS Services to the Customer or remove any content the Customer is making available through use of the Services.

If a CPU usage is 100% for more than 15 minutes and/or is affecting server performance for other users we will switch it off and give you a warning, after your 1st warning if the CPU issue is not fixed then we will terminate your server.
The Customer acknowledges and agrees that The World Servers LTD will not back up or otherwise preserve any data or applications stored or used in connection with the VPS or dedicated servers Services.

1.6 Backups

The World Servers do not backup any of its VPS or Dedicated servers. Customers are responsible for maintaining their own backups on their own personal computers. The World Servers does not provide any sort of compensation for lost or incomplete data in the event that hard drives do not function properly (even if the malfunction was due to negligence on The World Servers part). Always back your site up to your personal computer! The World Servers does not backup customer VPS or Dedicated servers. We offer Remote Offsite Backups as an available addon for all VPS and Dedicated Services which can be availed at a fee.
1.6.2 Windows VPS

The World Servers LTD provides windows operating system with only a trial license(s). For full version of windows you are responsible for the correct license(s).

Customer acknowledges that the change of Administrator's account password is not permitted, if a VPS has been found with the Administrator's password changed we will suspend your VPS with a reactivation fee of £10 (GBP).

1.6.3 IP addresses / Service providers

The World Servers LTD has the rights to change service providers and/or IP addresses/ranges without prior notice to its customers.

1.7 Availability

The Customer acknowledges and agrees that the VPS Services may not be available from time to time and that the VPS Services are not error free.
The World Servers can switch off any VPS or kill any IP address(s) without any notice if

- Urgent maintenance is required
- DDOS attack is being carried out on the VPS
- Any illegal scripts/software/images/videos/nulled scripts/programs are found on a running server
- Any copyrighted material is found on any VPS
- SPAM emails are being sent out from the VPS
- BOTNET Software running on the VPS
- Any request from our datacentre, copyright holders, or any DMCA request, if this is the case we will immediately suspend your VPS and no refund will be provided.

- If you run any program/scripts that are listed above list ().

You are not permitted to change any network settings or block the RDP port if any of these settings are changed or ports blocked your server will be inaccessible as The World Servers LTD will not take any responsibility for downtime causes by your actions by blocking RDP ports or changing network settings, if the network settings/rdp ports have been blocked we will charge £10 for reactivation.

- The World Servers can add/remove or edit any of its packages at any time without giving any notice and Customers will not automatically get the new packages as your old contract will be sill active.

- If you would like to receive any new packages you will have to close your old VPS and order a new one from us.

1.8 Fair Usage Policy

From time To time, The World Servers LTD can offer Customers unlimited data usage, this is at The World Servers LTD discretion.

If The World Servers LTD, at any time, feels that The Customer is abusing the World Servers LTD unlimited data usage policy, The World Servers LTD have the right to limit the Customer's service(s) by any means necessary.

The World Servers LTD will generally only impose such actions if it is felt that the Customer’s data usage is so excessive that other Customers are detrimentally affected or otherwise where The World Servers LTD overall network performance is placed at risk.

A re-installation fee my be applied to your account for up to £5 GBP on both VPS servers and Dedicated servers.
A re-installation will be done within 24 hours of an requst via our ticketing system.
1.9 Delivery

All orders over £30 per month or more than three (3) VPS/ Servers that have been ordered will be required to provide proof of name and address via email and as this is needed for data protection and to prevent fraud. (Charges may apply at the rate of £2 GBP for UK postage and £7 GBP for outside the UK), once we have this we will process your order and will email you the information as well as posting it to your verified PayPal address.

All Server/VPS Delivery’s will be sent to your verified PayPal email address.

1.9.2 Support

We try to reply to your ticket within 2 hours of your response, this response will be achieved Monday to Friday 9AM to 6PM GMT/BST (United Kingdom time zone). All other times including bank holidays in the UK support/sales response will be replied as soon as possible.  
 
1.9.2 Dedicated servers

 Server Delivers

All dedicated servers have a delivery time frame between 1 hour upto 4 working days depending on stock levels.

All dedicated servers are non-refundable.

All dedicated servers are on a contract, if you pay monthly then it will be a 30 day rolling contract (prices may go up on your next renewal), Quarterly will be a 3 month contract, Semi-Annually will be 6 months contact and Annually will be yearly.

Setup fees will be charged on all dedicated servers, if you pay for a year then setup will be free.

All servers listed on our website are subject to stock and/or availability at our datacentre, please contact us regarding stock levels before ordering the server.

2 Fees

2.1 Fees

(a) The Customer must pay the Fees to The World Servers LTD.

(b) If there is a dispute about whether a fee or other amount contemplated by this agreement is payable or available, the customer must not withhold the amount in dispute.

(c) The fees may change during the term in the manner contemplated by the schedule.

 

(d) All Prices are in British Sterling Pound (GBP), your invoice will be converted to the currency you selected when you registered to us using the exchange rate set on the date of your order or when your invoice has was generated.

Refunds and Disputes:

We offer a 7 day money back guarantee on our VPS services only. If you cancel your account within 7 days of first ordering it we will provide you with a full refund excluding any setup fees that were charged when you signed up, and excluding any control panel license fees.

The following items are not refundable:

Control Panel Licensing / Setup Fees – These include:
- cPanel / WHM
- cPanel / WHM + Fantastico
- DirectAdmin
- Webmin setup
- Windows Server licences for dedicated servers and VPS Servers
- All dedicated servers
- All dedicated servers setup fees
- Domain Names

All billing disputes must be reported within 15 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, in The World Servers LTD’s discretion which is valid, under the terms and conditions of our TOS, will result in service interruption, and reconnection fees to restore the desired service.

All refunds may take upto 14 days to process and clear into your account.


Cancellation & Termination

If for any reason you are unhappy with the services you receive from The World Servers during the first 7 days of your VPS purchase, you may request that your services be cancelled.

Once you have requested a cancellation and stated reason via Client area > Products/Services > View Details > Manage Actions > Request Cancellation.

You must open a ticket with our customer services department to request a refund within the first 7 days of your VPS purchase.

Any VPS or Dedicated server cancellations must be received 7 days or more before your next invoice due date. If an invoice is overdue on your account this must be paid prior to submitting your cancellation request. Requests for cancellation must be submitted through the customer client area only.

Refunds cannot be processed without a cancellation request being submitted during the 7 day refund peroid. Requesting a cancellation does not automatically issue you a refund. If you are within your first 7  days after submitting a cancellation request you must open a ticket with the billing team regarding a refund. Without opening a ticket a refund cannot be processed.

It is your responsibility to ensure any PayPal subscriptions, direct debits and standing orders you have setup are cancelled at the end of your service from The World Servers. If you don’t cancel them The World Servers will not be accountable for any money sent to The World Servers. Money can only be refunded as credit to your The World Servers account only. No other forms of cancellation are accepted, including but not limited to: Submitting Ticket, email or phone. Cancellations must be submitted before the invoice for that billing cycle is due. Failure to do so will result in the invoice being due. Cancellation requests can only be submitted if the account has no due invoices.

After 7 days you are not entitled to a refund.

Only VPS services are eligible for the 7 day money back guarantee.

If you have multiple The WorldServers accounts which includes, but is not limited to: same name, email address, IP address, home address are exempt from the 7  day Money back guarantee. Customers will multiple accounts are only entitled to a refund on the first account that was signed up to The World Servers with.

Any other services provided by The World Servers are not included in this 7 day money back guarantee.

The 7 day money back guarantee is not valid if an account has been suspended or terminated for violating our Terms of Service or acceptable use policy. Any billing issues or overcharges must be reported within this 7 day money back guarantee.

The World Servers reserves the right to change the price of any of our services at any time without prior notice.

Any amounts paid into a user’s account as ‘credit’ are non-refundable and can only be used on The World Servers services. This includes, but is not limited to Recurring Payments, Pre-Deposited Funds and Overpayments.

Any amounts offered as a refund includes, but is not limited to gesture of goodwill, refund for loss of service will be refunded as credit to your The World Servers account ;and can only be used on The World Servers services.

Refunds cannot be processed without a cancellation request being submitted. A ticket to our billing team will need to be submitted after the cancellation has been processed.

No refunds will be made if we terminate or suspend your hosting or other services due to violation of our Acceptable Use Policy or any other violation of our Terms of Service. This does not affect your statutory rights.

Any funds sent to The World Servers which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.

2.2 Invoices

(a) The World Servers LTD must invoice the customer from time to time for the fees.

(b) The Customer must pay an invoice issued under clause 3.2(a) within 7 days after the date of issue of the invoice.

(c) If the customer does not pay the invoice we will terminate the VPS/Dedicated Servers/ Domain names/ Webhosting and after 3 (three) days of the VPS/Dedicated Servers/ Domain names/ Webhosting expired we will delete your data this data is unrecoverable.

(d) If payment is not made in accordance with this Condition, the World Servers reserves the right to charge Statutory Interest on the overdue balances for the period from the date on which payment became due until the date on which payment is made including any period after the date of any judgement or decree against the Customer. In addition each overdue invoice will attract a late payment compensation fee of 20% of your server invoice.


Account Cancellation:

All requests for cancelling any service / services must be made in writing with at least 10 days’ notice, failure to do so will result in being charged the full months invoice. Cancellation can be done by visiting your client portal > My Products or Services > Cancel. You are responsible for making cancellations to your PayPal subscription payments, If payments are not cancelled we will provide credit into your The World Servers account.

4 Term and termination

4.1 Termination for convenience

The World Servers LTD may terminate this agreement for convenience at any time by giving written notice to the other party in which case this agreement will terminate on the date specified in that notice or, if no date is specified, immediately.

4.2 Termination by notice at end of period

either party may terminate this agreement by giving notice from our portal to the other party prior to the expiry of the Initial Period or a Rollover Period, in which case the termination is effective immediately upon the expiry of that period.

4.3 After termination

On termination of this agreement:

(a) no amount is refundable by The World Servers LTD to the Customer including if this agreement is terminated under clauses 4.3;

(b) accrued rights or remedies of a party are not affected; and

(c) the Customer must deliver To The World Servers LTD any of The World Servers LTD Confidential Information or other property in the Customer’s care, custody or control.

(d) All VPS/ Dedicated server data will be permanently deleted including any backups The World Servers LTD holds of your data.

(e) All clients’ accounts will be set to close and your data will be held in accordance to data protection act 1998.

5 Intellectual property

The World Servers LTD material remains the property of The World Servers LTD and nothing in this agreement grants the Customer any Intellectual Property Rights in The World Servers LTD Material or other Intellectual Property Rights of The World Servers LTD.

5.2 No use of The World Servers LTD name

The Customer must not, and must ensure that its officers, employees, agents and subcontractors do not, use the trademarks or logos of The World Servers LTD except with the prior written consent of The World Servers LTD except as expressly provided in this agreement.

6 Limitation of liability

6.1 Limitation

(a) Subject to clauses 6.2 and 6.4, any liability of The World Servers LTD for any loss or damage, however caused (including by the negligence of The World Servers LTD), suffered by the Customer in connection with this agreement is limited, at the election of The World Servers LTD to:

(i) £50; or

(ii) re-performance of the VPS Services.

(b) The limitation set out in clause 6.1(a) is an aggregate limit for all claims, whenever made.

(c) Any claim by the Customer against The World Servers LTD for loss or damage however caused (including by the negligence of The World Servers LTD), suffered by the Customer in connection with this agreement must be made within one calendar month of the Customer becoming entitled to make the claim and any claim not made within one calendar month is absolutely barred.

7.2 Consequential loss

(a) The World Servers LTD is not liable for any Consequential Loss however caused (including by the negligence of The World Servers LTD), suffered or incurred by the Customer in connection with this agreement.

(b) Consequential Loss in clause 7.2 means consequential loss and:

(i) indirect loss;
(ii) loss of financial revenues;
(iii) loss of reputation;
(iv) loss of profits;
(v) loss of bargain;
(vi) loss of actual or anticipated savings/revenues ;
(vii) lost opportunities, including opportunities To enter into arrangements with third parties;
(viii) loss or corruption of data.
(ix) loss of actual or anticipated revenues ;
(x) loss of actual or anticipated financial trading ;
b) OUR total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract shall be limited to the Service Level Agreement Credits as specified in our terms and conditions and YOU expressly confirm that YOU agree that there are no other rights or remedies available at Law.
8 Indemnity

8.1 Indemnity

The Customer is liable for, and indemnifies The World Servers LTD from and against, all loss or damage (including legal costs) incurred or suffered by The World Servers LTD however caused in connection with:

(a) any breach of this agreement by the Customer;

(b) any claim against The World Servers LTD by the Customer or any third party in connection with the Customer Material, the VPS Services or any matter referred To in clause 1.5; or

(c) any alleged or actual infringement of a third party's Intellectual Property Rights or other right in connection with the Customer Material or the VPS Services.

8.2 Continuing obligation

Each indemnity contained in this agreement is a continuing obligation notwithstanding:

(a) any settlement of account; or

(b) the occurrence of any other thing, and it is not necessary for The World Servers LTD To incur expense or make payment before enforcing or making a claim under an indemnity.

9 Force majeure

The World Servers LTD will not be:

(a) in breach of this agreement as a result of; or

(b) liable for, any failure or delay in the performance of The World Servers LTD obligations under this agreement To the extent that such failure or delay is wholly or partially caused, directly or indirectly, by a Force Majeure Event or any act or omission of the Customer.

10 Costs and taxes

(a) Each party must meet or pay its own legal costs and disbursements in respect of the preparation, negotiation and execution of this agreement.

(b) The Customer must pay all stamp duty (including penalties and interest) assessed or payable in connection with this agreement.

(c) Subject To clause 11, the Customer must pay all taxes, duties and government charges imposed or levied in the United Kingdom or overseas in connection with the performance of this agreement.

11 General

(a) The laws of the United Kingdom govern this agreement.

(b) Each party irrevocably submits to the non-exclusive jurisdiction of the courts of the United Kingdom and courts competent to hear appeals from those courts.

(c) The Customer acknowledges and agrees that The World Servers LTD may amend the terms and conditions of this agreement by making new terms and conditions available on the Website from time to time and those amended terms and conditions apply to this agreement from the date they are made available on the Website.

(d) Where this agreement contemplates that The World Servers LTD may consent To, elect, determine, approve, nominate, decide or consider any matter or thing, The World Servers LTD may provide such consent or make such election, determination, approval, nomination, decision or consideration in its absolute discretion and conditionally or unconditionally without being required To give reasons or act reasonably, unless this agreement expressly requires otherwise.

(e) The Customer must not assign, in whole or in part, or novate the Customer’s rights and obligations under this agreement without the prior written consent of The World Servers LTD.

(f) The World Servers LTD may assign its interest under this agreement.

(g) Time is not of the essence in the performance of obligations under this agreement except in relation To performance of payment obligations.

(h) Unless expressly stated otherwise, this agreement does not create a relationship of employment, trust, agency or partnership between the parties.

(i) Each provision of this agreement will be read and construed as a separate and severable provision or part and if any provision is void or otherwise unenforceable for any reason than that provision will be severed and the remainder will be read and construed as if the severable provision had never existed.

(j) This agreement represents the parties' entire agreement, and supersedes all prior representations, communications, agreements, statements and understandings, whether oral or in writing, relating to its subject matter.

(k) The World Servers LTD may subcontract the performance of all or any part of The World Servers LTD obligations under this agreement.

(l) A right under this agreement may only be waived in writing signed by the party granting the waiver, and is effective only to the extent specifically set out in the waiver.

(m) Without limiting any other remedies available To The World Servers LTD, if the Customer fails to pay any amount payable under this agreement, the Customer must pay Interest on that amount.

(n) The Customer must comply with all applicable laws in connection with receipt of the Services.

(o) The World Servers LTD may give notice To the Customer under this agreement by email To any email address notified by the Customer at or after the time this agreement is entered into.


Affiliate Payment will be available in your client panel within 10 days of an referral. All Affiliate payment will be paid into your account as credit to use for future renewal of your services.

 

 

13 Definitions and interpretation

13.1 Definitions

In this agreement:

Commencement Date

Means the date you accept these terms and conditions including by clicking a button on the Website confirming your acceptance.

Confidential Information

of a party means the terms of this agreement and any information:

(a) relating To the business and affairs of that party;

(b) relating To the Customers, clients, employees, sub contractors or other persons doing business with that party;

(c) which is by its nature confidential;

(d) which is designated as confidential by that party; or

(e) which the other party knows or ought To know, is confidential, and includes all trade secrets, know how, financial information and other commercially valuable information of that party, and in the case of The World Servers LTD, includes The World Servers LTD Material and the Fees.

Consequential Loss has the meaning given in 7.2(b).

Customer means you or the entity for which you are acting as agent.

Customer Material means any material provided by or To which access is given by the Customer To The World Servers LTD for the purposes of this agreement including documents, equipment, reports, technical information, studies, plans, charts, drawings, calculations, tables, trademarks, logos, schedules and data stored by any means.

Force Majeure Event

Means any occurrence or omission outside a party's control and includes:

(a) a physical natural disaster including fire, flood, lightning or earthquake;

(b) war or other state of armed hostilities (whether war is declared or not), insurrection, riot, civil commotion, act of public enemies, national emergency (whether in fact or in law) or declaration of martial law;

(c) epidemic or quarantine restriction;

(d) ionising radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel;

(e) confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage To property by or under the order of any government agency;

(f) law taking effect after the date of this agreement; and

(g) strike, lock-out, stoppage, labour dispute or shortage including industrial disputes that are specific To a party or the party's subcontractors.

Initial Period

means the period from the Commencement Date until the date which is one calendar month after the commencement date.

Insolvency Event

in the context of a person means:

(a) a liquidator, receiver, receiver and manager, administrator, official manager or other controller (as defined in the Corporations Act), trustee or controlling trustee or similar official is appointed over any of the property or undertaking of the person;

(b) the person or the person's property or undertaking becomes subject To a personal insolvency arrangement or a debt agreement;

(c) the person is or becomes unable To pay its debts when they are due or is or becomes unable To pay its debts within the meaning of the Companies Act or is presumed To be insolvent under the Companies Act;

(d) the person ceases To carry on business; or

(e) an application or order is made for the liquidation of the person or a resolution is passed or any steps are taken To liquidate or pass a resolution for the liquidation of the person, otherwise than for the purpose of an amalgamation or reconstruction.

Intellectual Property Rights

means all industrial and intellectual property rights, both in the United Kingdom and throughout the world, and includes any copyright, moral right, patent, registered or unregistered trade mark, registered or unregistered design, registered or unregistered plant breeder's right, trade secret, knowhow, right in relation To semiconductors and circuit layouts, trade or business or company name, indication or source or appellation of origin or other proprietary right, or right of registration of such rights.

The World Servers means The World Servers LTD.

The World Servers LTD Material

means any material provided by or to which access is given by The World Servers LTD to the customer for the purposes of this agreement including documents, equipment, reports, technical information, studies, plans, charts, drawings, calculations, tables, schedules and data stored by any means.

VPS Services

Means the virtual private server services offered by The World Servers LTD.

Website

Means the website located at www.theworldservers.com.

14 Memory "RAM" Allocation

In order to keep our servers as efficient as possible, memory allocation is dynamic. This means that Customers will be allocated enough RAM (with a 20% buffer) to run all currently running programs on their VPS. As memory demand increases, the Customer’s VPS is allocated additional RAM to meet the new requirements, up to the Customer’s VPS memory limit.

15 Hard Drive Space

Similarly To clause 14 (above), additional hard drive space is automatically provisioned as and when required, up to the Customer’s VPS hard drive space limit (as per their VPS plan).

The World Servers LTD VPS – Privacy Policy

General

The World Servers LTD ('The World Servers LTD') is committed to protecting the personal information it collects from you. However, The World Servers LTD is not required to comply with the provisions of any privacy act and while not purporting to be a statement of compliance with any act, this document sets out how The World Servers LTD will manage your personal information.

Collection

The World Servers LTD may collect and hold personal information about you, including your name, gender, address, phone number, email address, bank account details, credit card details or other information relevant to providing you with the services you are seeking.

The personal information that The World Servers LTD collects and holds about you, depends on your interaction with The World Servers LTD. Generally, The World Servers LTD will collect and hold your personal information for the purpose of: providing The World Servers LTD's services to you; providing you with information about other services that The World Servers LTD offers that may be of interest to you; facilitating The World Servers LTD's internal business operations, including the fulfilment of any legal requirements; and analysing The World Servers LTD's services and Customer needs with a view To developing new or improved services.

Personal information will generally be collected by The World Servers LTD directly from you through standard application and registration forms or your other interactions with The World Servers LTD.
There may, however, be some instances where personal information about you will be collected indirectly because it is unreasonable or impractical to collect personal information directly from you. We will usually notify you about these instances in advance, or where that is not possible, as soon as reasonably practicable after the information has been collected.

If you access The World Servers LTD's web site, The World Servers LTD may collect additional personal information about you in the form of your IP address (that is, the single numerical address for your computer on the internet, which consists of four consecutive numbers ranging between 0 and 255) or domain name (that is, the textual address for your location on the internet which corresponds To your IP address, which the internet computers can read).

Also, The World Servers LTD's web site uses cookies. A cookie is a message given by a web server (that is, a computer that delivers or serves up pages on the world wide web such as www.theworldservers.com) To a web browser (that is, software, such as Microsoft Internet Explorer, used To locate and display pages on the world wide web). The web browser stores the message in a text file. The message is then sent back to the web server each time the web browser requests a page from the web server.

The main purpose of cookies is to identify users and to prepare customised web pages for them. When you enter a web site using cookies, you may be asked to fill out a form providing such information as your name and interests. This information is packaged into a cookie and sent to your web browser, which stores it for later use. The next time you go to the same web site, your web browser will send the cookie to the web server. The web server can then use this information to present you with customised web pages. So, for example, instead of seeing just a generic welcome page, you might see a welcome page with your name on it.

Cookies do not identify you personally, but they may link back to a database record about you. If you register on The World Servers LTD's web site, The World Servers LTD will then link your cookie back to your personal information details.

The World Servers LTD uses cookies to monitor usage of The World Servers LTD's web site and to create a personal record of when you visit The World Servers LTD's web site and what pages you view so that The World Servers LTD may serve you more effectively.

If the personal information you provide to The World Servers LTD is incomplete or inaccurate, The World Servers LTD may be unable to administer your services smoothly or provide you with any such services you are seeking.

Use and disclosure

Generally, The World Servers LTD only uses or discloses personal information about you for the purposes for which it was collected (as set out above). However, The World Servers LTD may also disclose personal information about you to: financial institutions, who process any payments you make to The World Servers LTD; and service providers, who assist The World Servers LTD in operating its business, however, these service providers are required to comply with The World Servers LTD's privacy policy in how they handle your personal information.

Security

The World Servers LTD may store your personal information in different ways, including in paper and in electronic form. The security of your personal information is important to The World Servers LTD. The World Servers LTD takes all reasonable measures to ensure that your personal information is stored safely to protect it from misuse, loss, unauthorised access, modification or disclosure, including electronic and physical security measures.

Access

You may access personal information The World Servers LTD holds about you, upon making a written request. The World Servers LTD will endeavour to acknowledge your request within 14 days of its receipt and to provide you with access to the information requested within 30 days. The World Servers LTD may charge you a reasonable fee for processing your request.
The World Servers LTD may decline a request for access to personal information in the limited circumstances permitted by the Privacy Act.

If, upon receiving access to your personal information or at any other time, you believe the personal information The World Servers LTD holds about you is inaccurate, incomplete or out of date, please notify The World Servers LTD immediately. The World Servers LTD will take reasonable steps to correct the information so that it is accurate, complete and up to date. If The World Servers LTD disagrees with you about whether your personal information is inaccurate, incomplete or out of date, and you ask The World Servers LTD to associate with your personal information a statement claiming that your personal information is inaccurate, incomplete or out of date, The World Servers LTD will take reasonable steps to do so.

Links to other web sites

The World Servers LTD's web site may contain links to other web sites. The World Servers LTD is not responsible for the privacy practices of linked web sites and so linked web sites are not subject to The World Servers LTD's privacy policies and procedures.

You agree to all of these terms when you sign up to The World Servers LTD.

The World Servers LTD reserve the right to change these Policies at any time without prior notice or warning.

Version Date 11 March 2017