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LynixHost

Terms of Service

Please read these terms carefully. By using LynixHost services, you agree to be bound by the following terms and conditions.

Effective: Upon use/acceptance Lynix Capital Ltd. — England & Wales (No. 14191761) Governed by laws of England & Wales

Please read these Terms carefully

These Terms of Service apply to your use of our website and all Services provided by Lynix Capital Ltd. (Lynixhost), 39 Prescot Road, Fairfield, Liverpool, L7 0LA, United Kingdom. By using our website and/or purchasing Services, you declare that you have read, understood and agree to be bound by these Terms.

1

Agreement & Definitions

1.1 These Terms of Service govern the provision of hosting and related services ("Services") by Lynix Capital Ltd ("Supplier"), registered in England and Wales under registration number 14191761, to you ("Client").

1.2 By ordering, accessing, or using our Services, you agree to be bound by these Terms, our Acceptable Usage Policy ("AUP"), our Privacy Notice, and any applicable EULA. These documents form the entire main agreement between us.

1.3 If you are a Consumer (an individual acting outside their trade, business, craft, or profession), you have certain statutory rights under UK consumer protection laws. These Terms do not affect those rights. Business clients confirm they have authority to bind the business they represent.

1.4 Some of our services are provided by third parties that have their own terms and conditions, which are subject to changes at the third party's own discretion.

2

General Terms & Account Security

2.1 By subscribing to any Services and opening an account, both parties agree to be bound by these terms.

2.2 These Terms are governed by the laws of England and Wales. Any disputes are subject to the exclusive jurisdiction of the courts of England and Wales. Consumers resident in Scotland or Northern Ireland may also bring proceedings in local courts.

2.3 You must provide accurate and complete registration information and promptly update it.

Key Requirements

You must be at least 18 years of age to use our services.
Personal details processed per UK GDPR and Data Protection Act 2018.
Terms revised with 30 days' notice. Consumers may terminate without penalty for material changes.
Third parties have no rights under the Contracts (Rights of Third Parties) Act 1999.

2.4 — Your Responsibilities

2.4.1

Maintaining the confidentiality of your account credentials.

2.4.2

All activities under your account, whether authorised by you or not.

2.4.3

The content, data, and software you upload or store on our servers ("Client Data").

2.4.4

Ensuring your use of the Services complies with these Terms, our AUP, and all applicable UK laws.

2.4.5

Securing your applications. Use of security-compromising tools (password guessing programs, cracking tools, network probing tools) is prohibited.

2.4.6

You must not reassign or transfer any part of our Services without our prior consent.

Strictly Prohibited

Circumventing user authentication or security of any host, network or account (§2.4.7)
DOS attacks, flooding networks, or deliberate attempts to crash a host (§2.4.8)
Violating systems or network security — may incur criminal or civil liability. We cooperate fully with law enforcement (§2.4.9)
3

Description of Services

3.1 "Services" means all services provided by or purchased via Lynixhost, including any hosting subscription plans and other services described on our website.

3.2 All descriptions and illustrations on our website are for illustrative purposes only and do not form a contractual offer. We reserve the right to modify technical specifications provided this does not materially reduce functionality.

3.3 You are responsible for all charges from your telephone provider related to your use of the Services.

3.4 Occasionally, we or our subcontractors must perform network maintenance, which may require temporary shutdowns. We will provide as much advance notice as possible. We accept no liability for any impact caused by such service suspension.

3.5 License costs of all third-party applications and software offered with our plans are subject to change without written intimation.

3.6 We do not guarantee that any services will be uninterrupted, error-free, or completely secure. Risks inherent to the internet such as hacking, malware, and DDoS could result in the loss of data and/or privacy.

3.7 We reserve the right to pass on any additional charges/price increases as a result of price changes from third-party software and license vendors, irrespective of the hosting cycle.

4

Use of Services & Customer Responsibility

4.1 Your use of the Services and any Customer Content must comply with these Terms and all applicable laws. You must implement restrictions to prohibit unauthorized access to Customer Content.

4.2 Ensure any requested domain registration is not made in bad faith, does not infringe on any third-party intellectual property rights, and will not be used for any unlawful purpose or be considered an abusive registration under enom, openSRS or Nominet dispute resolution policies.

4.3 We make no representations or warranties regarding availability or likelihood of registration of any requested domain. Domain registrations and renewals where successful are non-refundable.

4.4 We are unable to correct spelling mistakes in a domain once successfully registered. Please check all spelling and grammar before submitting.

4.5 – 4.6 Domain renewal fees are subject to change without notice. If we are unable to register any domain name, we will provide a full refund of the domain registration fee.

4.7 Non-.UK domains are registered through our partner Dynadot and subject to their terms.

4.8 All .UK domains are registered through Nominet and subject to Nominet's terms.

4.10 – 4.11 Registration information will be made available to ICANN, openSRS, eNom, Nominet or appropriate registration authorities. You are obligated to provide accurate domain registration details, which will be published to the WHOIS directory.

4.12 You may not upload or display personal data, images or videos of minors or third parties without lawful ground or appropriate consent (including a parent's consent for minors).

4.13 You shall not use the Services for high-risk activities where interruption or malfunction could lead to serious consequences including personal injury, death, or environmental damage.

5

Acceptable Use Policy (AUP)

5.1 – 5.2 You agree to abide by our Acceptable Use Policy (AUP) and any applicable EULA in respect to the Services.

5.3 If you use any third-party software on the Services, you agree to provide us with relevant licence(s) upon request. Failure to provide evidence of licensing may result in suspension or termination with immediate effect, at our sole discretion.

5.4 Any attempts to undermine or cause harm to any of our servers is strictly prohibited.

5.5 If you abuse the resources we provide in any way, we reserve the unqualified right to immediately deactivate your Account without refund.

5.6 We reserve the right to disable/delete any feature or application on shared hosting without notification if found to be detrimental to the server's overall health and performance.

5.7 Any information, articles, tutorials, guidelines or technical support advice we provide are for your convenience only and do not constitute official statements.

5.8 If you are abusive towards any member of our staff, we have full right to terminate your account without any refund.

5.9 We are a data processor for your content under UK data protection law. You warrant you are the data controller for any personal data you host and that you comply with all obligations under the UK GDPR and Data Protection Act 2018.

6

Payment Terms

Accepted via

PayPal Stripe No payment details stored on-site

6.1 Pricing will be detailed in your order and Account. Prices are exclusive of VAT unless stated otherwise.

6.2 Business clients: fees payable in advance on invoice due date. Consumers: payment taken as per chosen billing cycle (monthly/annual) at the point of order/renewal.

6.4 Services automatically renew at the end of the billing cycle. You must cancel before the renewal date to avoid the next period's charges. We will send a renewal reminder in advance.

6.5 We may change prices with at least 30 days' prior email notice. You have the right to cancel without penalty if you do not accept the increase.

6.6 If payment is overdue, we may suspend your Services. Reactivation may incur a fee. Interest may be charged on late payments.

7

Cancellations & Refunds

7.1 You may cancel your Services at any time via your control panel or by contacting support. Cancellation takes effect at the end of your pre-paid billing period.

7.2 Cancellation requests will not be accepted by phone, email or live chat. Requests must be submitted through your control panel.

7.3 7 working days' notice is required for all cancellation requests (Monday – Friday, excluding UK bank holidays). For shared hosting cancellations, charges for any free domain will be deducted from any amount to be refunded.

7.4 Should you cancel hosting before renewal or wish to transfer your domain, domain registration/transfer charges will be payable before such action is completed.

7.5 — Non-Refundable Items

SSL Certificates Domain Registrations Software Licenses WHOIS Protection

7.6 Pro-rata refunds are not available. If you cancel before the end of your billing period, you will not receive a refund for the unused portion.

7.7 – 7.8 Refunds will only be processed to the originating payment method and can take up to 5 working days to be processed.

8

Backup Services

8.1 It is your responsibility to regularly backup all your Customer Content to prevent potential data loss. You should keep independent backup copies in addition to those we maintain.

8.2 Even if you purchase paid backup Services, due to technical reasons a backup copy may not be available for restore upon request.

8.3 – 8.5 Paid backup and restore Services can be ordered from the Client Area. Backup services are provided "as-is" without warranty. We will not be liable for any loss, claim or damage caused by a failed backup.

8.6 We have no knowledge of the data you store, including its value and quantity. While our services are designed to be resilient, we accept no liability for the loss of data and associated revenue, contracts or business.

9

Uptime Service Level Agreement

Monthly Uptime Guarantee

99.9%

If we fail to meet this guarantee, you may request a service credit.

SLA Exclusions — Uptime guarantee excludes outages from:

9.2.1

Scheduled or emergency maintenance

9.2.2

Misconfiguration or negligence by the Client

9.2.3

Service loss due to incoming or outgoing denial-of-service attacks

9.2.4

Network issues out of our direct control (e.g. internet exchange points, CDNs)

9.2.5

Actions taken due to abuse complaints or breaches of our AUP

9.2.6

Actions taken to ensure continued availability, performance and stability of our wider infrastructure

11

Suspension & Termination

11.1 You may terminate a Service at any time through a Cancellation Request. Failure to complete all steps means the Services will not be terminated, and fees will continue to be charged.

11.2 Third-party services (including domain name registration) are subject to suspension, cancellation, or termination pursuant to the terms of the respective third-party provider.

11.3 — Grounds for Immediate Termination

We may terminate with or without notice with immediate effect if:

  • You fail to pay any fees due
  • You breach these Terms, our AUP, or any applicable law
  • You repeatedly infringe any policy
  • Your actions damage server functionality or affect other customers
  • You disclose false or misleading allegations that negatively impact our reputation
  • You transfer obligations/rights under this Agreement to third parties without notifying us
  • You are abusive towards us, our employees, third-party vendors or subcontractors

11.4 We may also terminate with 30 days' written notification if you lack basic technical knowledge requiring excessive ongoing support, or if continued provision has become unfeasible for technical, legal, regulatory, or economic reasons.

11.5 Upon termination, all data in your Customer Account will be deleted after a grace period. You are solely responsible for backing up your data before termination.

11.6 You must pay all outstanding fees.

12

Liability

12.1 — Always Applies (Cannot Be Limited)

Nothing in these Terms limits or excludes liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be limited or excluded under applicable UK law.

For Consumers (12.2)

We are liable for foreseeable loss and damage caused by our breach of these Terms or failure to use reasonable care and skill. We are not liable for business losses if you use the Services for commercial purposes.

For Business Clients (12.3)

We shall not be liable for indirect, consequential or special loss. Total aggregate liability is limited to 100% of total fees paid in the 12 months preceding the event giving rise to the claim.

12.4 We exclude all liability for any material posted by the Customer by means of the Services, and are not responsible for goods or services provided by third parties, the accuracy of any website content, or the acts or omissions of other providers of telecommunications or internet services.

13

Intellectual Property

13.1 We retain all intellectual property rights in our Services, software, and infrastructure.

13.2 You retain all rights to your Client Data. You grant us a limited, worldwide, transferable, royalty-free licence to host, store, and transmit your Client Data solely for the purpose of providing the Services to you.

14

Data Protection (GDPR)

14.1 – 14.2 "Personal Data", "Controller", "Processor", "Data Subject", "Processing", "Data Protection Impact Assessments" and "Personal Data Breach" have the meanings given in the GDPR. "Applicable Data Protection Law" means all applicable data protection legislation including the DPA and GDPR.

14.3 The factual arrangement between the parties dictates classification as either a Controller or Processor. Where Personal Data is not accessible or likely to be accessible by Lynixhost, Lynixhost will not be a Processor.

14.4 Where Lynixhost processes Personal Data as a Processor on your behalf, it shall process Personal Data only in accordance with your instructions (specific or general instructions as set out in the Agreement).

14.5 Lynixhost will take reasonable steps to ensure the reliability of any staff who have access to Personal Data, ensuring such staff are trained in the care and handling of Personal Data and have given appropriate binding undertakings of confidentiality.

14.6 – 14.7 Both parties will implement appropriate technical and organisational measures to protect Personal Data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure. Each party shall comply at all times with Applicable Data Protection Law.

15

Modification of Terms of Service

15.1 We reserve the right to modify or change these terms of service at any time. All customers are bound by the latest terms of service published on this website.

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