Terms and Conditions

Definitions

We, Us, BitFolk, BitFolk Hosting

BitFolk Limited.

The Service

Any service provided to you by BitFolk, whether paid for or at no charge.

You, The Customer

The named contact for The Service and anyone identified by the named contact as responsible for The Service.

Month, Monthly

A period of 30 days

Quarter, Quarterly

A period of 90 days

Year, Yearly

A period of 360 days

Policies

• Although BitFolk endeavours to provide The Service in the most reliable manner possible, we shall not be held liable for any loss or damage caused by the unavailability of our services or hardware.

• BitFolk reserves the right to block access to The Service or to terminate The Service at any time at our discretion. We hope that this extreme measure never becomes necessary, but our right to use it is essential in order to deal with situations such as (but not limited to) when The Customer becomes a target or cause of network abuse.

• The Customer is responsible for all material hosted by them at BitFolk, and all use of The Service provided by BitFolk. It is the responsibility of The Customer to ensure that The Customer does not violate English law.

• Any justified complaint of "spam", denial of service or any other form of attack will result in immediate termination of account and all associated services.

• Unless The Customer is taking advantage of BitFolk's backup service they should assume that none of The Customer's data is backed up. While BitFolk makes every effort to ensure that the backup service functions and is available, BitFolk cannot accept any loss or damage related to these or any other services. It is The Customer's responsibility to ensure they have backups of important data.

• The Customer is free to cancel their account at any time by giving written notice by email to BitFolk's support address. The minimum contract period is equivalent to the payment schedule chosen (either a Month, a Quarter, or a Year) and no refunds will be issued for the unused portion of the contract period. Contracts are automatically renewed for the payment schedule chosen, unless cancelled in advance.

• After a hosting contract has ended, The Customer may arrange for their data to be made available for download. No customer data will be made available while there is an outstanding amount on The Customer's account. Customer data will be retained for a minimum of 3 months after account closure unless BitFolk is advised otherwise.

• Due to the nature of virtual services, customers contend with each other for use of bandwidth, IO and CPU. The memory allocated to each customer is however completely dedicated to that customer. The Customer acknowledges that their use of the service can affect other users and agrees, at request of BitFolk, to cease any activity which BitFolk deems to be degrading the service that can be supplied to other customers.

• The Customer shall pay invoices within 30 days of the due date. Reminders are sent by email one week in advance, on the due date, two weeks after the due date, and finally 30 days past the due date. BitFolk reserves the right to suspend any and all services for accounts 30 or more days overdue on any invoice. The Customer's data will not be returned until all bills are paid, at which time The Customer may arrange for their data to be made available for download. Customer data will be retained for a minimum of 3 months after account suspension.

• The Customer may request for their payment schedule to be lengthened (from Monthly to Quarterly/Yearly, or from Quarterly to Yearly) at any time before the next due date by giving written notice by email to BitFolk's support address. This shall take effect from the next due date.

• The Customer may request for their payment schedule to be shortened (Yearly to Quarterly/Monthly or Quarterly to Monthly). Such requests must be made at least 30 days before the next due date by giving written notice by email to BitFolk's support address.

• All services are billed for in advance except for bandwidth overage charges which are invoiced at the end of the period during which they were accrued. The Customer shall receive a weekly email update regarding their bandwidth usage and also have access to near-real-time data. Controlling bandwidth usage is the responsibility of The Customer.

• The Customer remains liable to pay all charges for The Service during any period of suspension.

• Notifications of scheduled downtime, post mortems of outages and other important information will be communicated via the users' mailing list. Membership of this mailing list is voluntary but strongly advised for all customers.

Updates

These Terms and Conditions are subject to change and the current version can always be found at http://bitfolk.com/policy/. The users' list will be notified of any updates. They were last updated on Mon Nov 23 20:32:20 2009.