TERMS OF SERVICE:

The Cobimex Hosting Terms of Service govern the relationship between Cobimex Hosting and its customers. It’s important that you read these terms, as doing so will allow you to have a clear understanding of your position in relation to Cobimex Hosting.

Policies

  1. Cobimex Hosting reserves the right to suspend or cancel a customer's access to any or all Services provided by Cobimex Hosting, where Cobimex Hosting decides that the account has been inappropriately used. Cobimex Hosting reserves the right to refuse Services and/or access to its servers to anyone.
  2. Cobimex Hosting offer unlimited web space and bandwidth with some account types. By this, we mean unlimited space for legitimate web site content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. Sites should not contain any material which does not comply with our content guidelines
  3. Cobimex Hosting offer large numbers of mailboxes with some account types subject to a fair use policy. Mailboxes are intended for direct use by the package owner and should not be resold or offered for use by third parties. Should the number of active mailboxes assigned to an individual package exceed 49, Cobimex Hosting reserve the right to restrict the number of mailboxes included in the package price.

Free Offers

From time to time Cobimex Hosting may offer its customer 'free service' as a new subscriber or an existing customer. These offers are subjected to the following conditions:

  1. Offers are only available on selected Cobimex Hosting web hosting packages.
  2. Offers are available to new clients of Cobimex Hosting only. However, existing clients may take advantage of the offers if they make a new purchase through their account.
  3. At the end of the initial term of any offer, if a domain is registered under an offer, it will renew for one-year terms by default, unless altered in anyway by the client.
  4. If a client registers a domain name as part of their web hosting package, the client will be entitled to a full refund on their Hosting Package only in the event of cancellation as per our 15 day cancellation period. In the event a client seeks to exercise this right, any domain name registered on behalf of the client will be cancelled and will no longer belong to the client, unless the client pays the full retail price of the domain.

Web Hosting

  1. Cobimex Hosting offers a service uptime guarantee of 99.99% of available access per month on our Web Hosting products (excluding scheduled maintenance, advance notice of which will be given wherever possible).
  2. Cobimex Hosting is not responsible for outages outside of our control which may block or hinder access to your site, including the following:
    - Network conditions across the internet (outside of our network), such as between your ISP and our data center;
    - DDoS or other attacks on our servers;
    - problems with your ISP's network Browser or DNS caching issues;
    - interruptions caused by you from custom coding, scripting or the installation of 3rd party applications;
    - causes and events beyond our control that are not reasonably foreseeable;
    - outages caused by you as a result of illegal activity, or activity for which the system was not designed.
  3. Outages caused by third party software installations or other modifications to the default server operating system as deployed do not fall within the terms of this Service Level Agreement.

Domains

Domain names are not case sensitive. This means that an uppercase and a lowercase letter are considered to be the same (www.com. WWW.com, and WwW.com are all the same domain name).
We make every effort to ensure that our registration systems do not allow you to bypass these registration rules however there are some occasions where this may not be possible and our checking procedures may fail.
Clients are always advised to seek guidance if they are at all unsure about the domain name they have chosen and its validity. Due to the variety of possible causes for the failure of the domain name validity checker, we cannot be held responsible if a customer attempts to register an invalid domain and that this request is subsequently accepted by our systems. Acceptance of the invalid order by our systems does not constitute acceptance of the domains registration by the relevant domain registry.
ICANN has published an educational webpage summarizing the terms of the Registrar Accreditation Agreement and related Consensus Policies (as of the date of writing this document, located at https://www.icann.org/resources/pages/educational-2012-02-25-en

  1. If you opt for our domain auto-renewal, you authorise Cobimex Hosting to charge the applicable renewal fees to the payment method provided at the time of enrolment in the auto-renewal service. You are responsible for ensuring that your payment information is accurate and up to date.
  2. Cancellation and Opt-Out: You may cancel your enrolment in the auto-renewal service at any time by contacting Cobimex Hosting customer care or by accessing your online control panel. If you choose to opt out of the auto-renewal service, you must manually renew your domain registration before the expiration date to prevent any interruptions in service.
  3. Reservation of Rights. Cobimex Hosting and Afilias expressly reserve the right to deny, cancel, transfer, or modify any registration that either registrar or Afilias deems necessary, at its discretion, to protect the integrity and stability of the registry, to comply with any applicable law, any government rule or requirement, any request of law enforcement, any dispute resolution process, or to avoid any liability, civil or criminal, on the part of the registrar and/or Afilias, as well as their affiliates, subsidiaries, executives, directors, officers, managers, employees, consultants, and agents. The registrar and Afilias also reserve the right to suspend a domain name or its registration data during resolution of a dispute.

Websites

The following Service Specific Terms and Conditions for the Website ('Service') apply in addition to the General Terms and Conditions (which includes any other relevant Service Specific Terms and Conditions), our Privacy Policy and Acceptable Use Policy. In the event of any conflict, these Service Specific Terms shall prevail.
In these Service Specific Terms and Conditions, you will be referred to as 'you', 'your' or similar words or phrases. Cobimex Hosting shall be referred to as 'we' 'us' or similar words or phrases.
Any reference to 'Applicable Law' means (a) any law, legislation, code, regulation, byelaw or subordinate legislation in force from time to time to which a party is subject and/or in any jurisdiction that the services are provided to, or in respect of or any applicable direction, policy, rule or order that is binding on a party and that is made or given by any regulatory body having jurisdiction over a party or any of that party's assets, resources or business.

  1. You agree (a) to comply with all Applicable laws; (b) to provide your Website with a provider identification that meets the necessary legal requirements; (c) to ensure that any content you upload to Your Website or otherwise make available does not (i) in any way infringe the rights of third parties; (ii) violate Applicable Laws; (iii) violate the provisions of the General Terms and Conditions or any Service Specific Terms and Conditions or our Acceptable Use Policy or any other policies we have in force from time to time.
  2. You must not reproduce, sell, licence or otherwise exploit all or any part of this Service without our prior written consent.
  3. You agree to continuously review Your Website for ongoing compliance with Applicable Laws. If we receive a complaint that your website breaches Applicable Laws or any third party rights, then we have the right, at our sole discretion, to suspend, terminate or take down your website for such a period as we deem necessary for you to make changes to ensure that Your Website is compliant.
  4. Any text or documentation including but not limited to any general terms and conditions of trade, data protection declarations and other texts with legal content are not created by Cobimex Hosting for you. You shall assume sole responsibility for the completeness and correctness of the legal texts uploaded to your website.
  5. You agree not to reverse engineer, decompile, attempt to bypass or otherwise use the Services in any way in which it is not intended. You agree not to utilise any scraper, spider or other automated means to monitor or access the Services.
  6. You agree to indemnify and hold us (and any of our parent or subsidiary companies) harmless on demand against any and all claims, demands, fees, costs or liabilities from any party arising out of or in connection with (a) your breach of these Service Specific Terms and Conditions or the documents referred to within it; (b) your violation of any Applicable Laws; (c) your violation of any rights of a third party (including without limitation infringement of any intellectual property rights); and (d) where relevant, any aspect of a transaction between you and your customers who may use Your website, including but not limited to refunds, chargebacks or fraudulent transactions. In order to mitigate any damage done by any such claims we reserve the right (to be exercised at our sole discretion) to take down or suspend Your Website until such claims have been resolved.
  7. You warrant and agree that all content you upload to your website belongs to you, or you have all applicable permissions and rights to use such content in place). In order for us to provide the Services, you grant to us a non exclusive, transferable, royalty free worldwide right to use your content to the extent necessary to enable us to provide the Services to you during the term of this Agreement.

Email

  1. Our shared and reseller hosting, also encompassing our email only hosting plans, are provided with email services and facilities. The maximum permissible emails that can be sent out in any single hour is 200 from a domain. We do not provide catch all mailboxes as these are commonly spam magnets.
  2. Mass mailing is not allowed on Cobimex Hosting shared hosting servers. A dedicated mass email server can be provided with the use of unlimited SMTP for sending via programmatic means from shared hosting on our web sites if required. Anyone who sends mass mail and is found to have caused problems affecting Cobimex Hosting mail servers or IP reputation will be subject to a fine and have their domain and service suspended.
    Any user who by their action or inaction and who's services are found to be sending spam emails will be levied a fine of £100 to cover Cobimex Hosting's time in performing any clean-up action required to our mail servers. Any user who by their action or inaction and who's service causes IP black listings may be given a fine of up to £300. Any user who by their action or inaction and who's services result in complaints from other companies, for example spamcop, aol, yahoo etc. may be given a fine of not less than £95 to cover administration fee’s for Cobimex Hosting time.
  3. Each mailbox has a storage quota. This is in place to protect Your account and others from potentially large volumes of email sent to a single address that could materially affect the email system server. Additional storage can be purchased though Your control panel. It is the mailbox owner's responsibility to ensure that his/her mailbox does not reach its allocated level. Cobimex Hosting cannot be responsible for email lost due to full mailboxes. You can check Your mailbox size from Your control panel.
  4. Cobimex Hosting monitors the server as a whole but does not monitor individual mailboxes. The Exchange server uses SMTP, a "store-and-forward" email protocol, to deliver outbound messages. This protocol does not guarantee immediate delivery of email messages. By default, the Exchange server makes a delivery attempt every ten minutes three times; after that the server will attempt message delivery every fifteen minutes. If there is no successful delivery attempt within twelve hours, a delay notification will be emailed to the sender. If there is no successful delivery attempt within two days, the message will be returned to the sender.
  5. Cobimex Hosting makes every reasonable effort to ensure mailbox security at all times. We do this through a combination of various network security policies, load balancing and redundant systems. We make every reasonable effort to ensure the integrity of data on Cobimex Hosting systems. On the rare occasions where there may be a problem with specific mailbox data, it is the mailbox owner's responsibility notify to Cobimex Hosting. We cannot guarantee to restore data and we accept no liability for the loss of any such data.
  6. If Cobimex Hosting identify a mailbox or domain that is causing problems; we will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, we will disable email or suspend all Services to the domain as appropriate.
  7. Cobimex Hosting' policy on maintaining stable data-transfer levels includes a deletion process for email as follows: (i) all mail in IMAP "Trash" folders will be deleted automatically after 7 days. Such mail is checked daily y; (ii) if a mailbox is not accessed for 60 days, either by POP or IMAP, all mail over 90 days old will be deleted automatically. This process will be repeated daily until the mailbox is accessed again; (iii) Root mailboxes that are not accessed for 90 days will have their quota reduced to 500 MB automatically (with any existing mail over this new quota deleted). If the Root mailbox is accessed again, its quota will be increased back to the original allocation (Root mailboxes being Standard mailboxes). Note that after 90 days, the Root mailbox will have already undergone a cleanup after 60 days of inactivity. Cobimex Hosting does not accept any responsibility whatsoever for any deleted mail.