Terms Of Service

The following TOS of Service ("TOS," "Terms" or "Agreement") apply to your use of our website and all services, features and/or content provided by Codengine Ltd ("Codengine," "us,", "our", "we" ). Codengine is the trade name of Codengine Ltd, a company registered in England and Wales under company number 11777111 and with our registered office at Venta House, 9a Port Road, Newport, Gwent, Wales, NP20 2NS. By purchasing one or more Services from Codengine Ltd, you declare that you have read, understood and agree to be bound by this TOS. The latest version of our TOS is always available on the Codengine website. It is essential that you read this TOS prior to purchasing any Service(s) from Codengine Ltd.

We amend these TOS from time to time as set out in clause 5. Every time you wish to order Services, please check these TOS to ensure you understand the TOS which will apply at that time.

To contact us, please use our Contact Us page or email us directly at support@codengine.io


1 Application Of Terms

1.1 These TOS apply to all Services provided by Codengine Ltd to you throughout the entire Term or Renewal Term. The TOS consist of the following: Terms Of Service, Acceptable Use Policy and Privacy Policy. Collectively these documents are referred to herein as the "TOS." They are referred to by their individual names if a particular paragraph applies to that document alone.

1.2 Sending an Order to Codengine Ltd constitutes acceptance by you of these TOS.

1.3 If you refuse to accept these TOS, you will not be able to order any Services from our site.


2 Personal Information And Data Protection

2.1 We only use your personal information in accordance our Privacy Policy.

2.2 In this clause 2, “Personal Data” has the meaning given in the Data Protection Act 1998.

2.3 We warrant that, to the extent that we process any Personal Data on your behalf:

2.3.1 we shall act only on instructions from you; and

2.3.2 we have in place appropriate technical and organisational security measures against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data.



3 Use Of Our Site

3.1 Our site and may contain link(s) to other websites operated by or with content provided by third parties. You understand and agree that Codengine Ltd has no control over any such third-party websites or their content and will have no liability or accept any responsibility arising out of or related to your use of any third-party websites or their content.

3.2 Materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

3.3 Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

3.4 From time to time, we may restrict access to some parts of our site, or our entire site.

3.5 We will not be liable if for any reason our site is unavailable at any time or for any period.

3.6 Our liability

3.6.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

3.6.2 All conditions, warranties and other TOS which might otherwise be implied by statute, common law or the law of equity.

3.6.3 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:

3.6.4 loss of income or revenue;

3.6.5 loss of business;

3.6.6 loss of profits or contracts;

3.6.7 loss of anticipated savings;

3.6.8 loss of data;

3.6.9 loss of goodwill;

3.6.10 wasted management or office time; and

3.6.11 whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

3.7 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.


4 The Contract Between You And Codengine Ltd

4.1 These TOS and any document expressly referred to in them constitute the entire agreement between you and us (the “Contract”). You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these TOS or any document expressly referred to in them.

4.2 Where you are a consumer, you have legal rights in relation to Services that are not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these TOS will affect these legal rights.

4.3 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

4.4 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.5.

4.5 We will confirm our acceptance to you by sending you an e-mail ("Order Receipt"). The Contract between us will only be formed when we send you the Order Receipt.

4.6 If we are unable to supply you with the Service ordered, for example because of an error in the price on our site as referred to in clause 11.8, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Service, we will refund you the full amount as soon as possible.


5 Our Right To Change The TOS

5.1 We may revise the TOS from time to time, including but not limited to the following circumstances:

5.1.1 changes in how we accept payment from you; and

5.1.2 changes in relevant laws and regulatory requirements.

5.2 Every time you order Services from us, the TOS in force at that time will apply to the Contract between you and us.


6 Providing Services

6.1 We will supply the Services to you from the date set out in the Order Receipt until the completion date set out in the Order Receipt. Where no completion date is specified, we will supply the Services until the Contract is terminated in accordance with the TOS.

6.2 Where the Order Receipt sets out any milestones for the provision of Services, we will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 16 for our responsibilities when an Event Outside Our Control happens.

6.3 We will need certain information from you that is necessary for us to provide the Services, for example, name, address, contact details. We will contact you about this. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may make an additional charge of a reasonable sum to cover any extra work that is required, or we may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the Services under this clause 6.3, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any invoices we have already sent you.

6.4 You are responsible for obtaining:

6.4.1 suitable licences of third party software; and

6.4.2 any third party cooperation and consents, which are required for the full use of the Services. We will not be liable for any delay or non-performance where you have not provided such licences and consents to us after we have asked.

6.5 We may have to suspend the Services if we have to deal with technical problems. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. This does not affect your obligation to pay for any invoices we have already sent you.

6.6 If you do not pay us for the Services by the due date for payment, as set out in clause 11, we may suspend the Services 7 days after the due date until you have paid us the outstanding amounts. We will contact you by email to tell you this. This does not affect our right to charge you interest under clause 11.3.

6.7 Implementation and Transition

6.7.1 We will make available the Services on or before the start date specified in the Order Receipt.

6.7.2 At your request, we will use reasonable endeavours to:

(a) assist with the transfer of your website from your own development server; or

(b) assist with the transition of any of your website(s) from any third party host

6.8 Shared Hosting

6.8.1 Where the Services we provide to you include shared hosting, we will make available to you:

(a) hosting capacity on a shared server meeting the specification set out on the site which may vary from time to time;

(b) the ability to access, update or amend any websites, web applications, software, information, data, databases and other works and materials stored, transmitted, published or processed using the Services (the "Hosted Materials") by SFTP or similar means.

6.8.2 You warrant that any material that you display on the respective sites do not and will not infringe any applicable laws, regulations or display material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or acts of terrorism, menacing, blasphemous or in breach of any third party Intellectual Property Rights ("Inappropriate Content").

6.8.3 For the avoidance of doubt, we will have administration rights in relation to any shared server, and we may refuse any request to change the configuration of a shared server at our sole discretion.


7 Support Service

7.1 To provide efficient service and comply with data protection laws, any requests for changes to your account (including billing changes, password changes or any other technical changes) must be submitted by ticket or email from your registered address.

7.2 Our responsibility to provide support is limited to diagnosing problems with the hosting service itself. However, at our sole discretion and on a best effort basis, We may attempt to assist with other issues such as client device configuration, website scripting and database issues, website optimisation and malware removal. Where such support is offered, it is done so without warranty. The customer agrees to indemnify Codengine Ltd against any loss or damage, direct or consequential, arising from the provision of this support.

7.3 We may suggest products, applications and third party services for use on your website. The customer is wholly responsible for any actions taken and Codengine Ltd makes no warranty as to the suitability of these services and accepts no liability for any loss or damage arising from their use.


8 Backup Service

8.1 You acknowledge and agree that it is your responsibility to regularly backup all your Content in order to prevent potential data loss. We will use good faith efforts to backup data stored on your Hosting account. We will not backup files holding temporary or transient data which cannot be restored in a useful state.

8.2 You are responsible to make backup copies of all your content uploaded, stored, published and displayed on or through our Service(s) in a location independent of ours, and will not use our Backup Services as your sole backup.

8.3 You agree that you will keep independent backup copies of your Content in addition to those we maintain. You acknowledge and agree that due to technical reasons a backup copy may not be available for restore upon your request. Examples of technical reasons include but are not limited to excessive number of files in the backup, backup software failure, storage failure or corrupted backup files.

8.4 We keep a limited number of backup copies of your account. If you upgrade/downgrade the Services, we may delete old backup copies created on your previous tier and start new Daily Backups of your data.

8.5 You agree to notify Codengine Ltd in case the Backup Service malfunctions and allow us reasonable time to resolve the issue. In the event that you are not satisfied with the outcome of any Backup Restore, it shall be your obligation to restore your files and data from your own backup. If we provide data to you from a backup, it may be provided as raw data, and you may be required to reformat that data so that it reflects a prior configuration or use. Our only obligation is to restore your data from a backup copy.

8.6 To the maximum extent applicable under national law and without affecting your rights as a Consumer, our Backup Services are provided “as-is” and are subject to all limitations of liability set out in these TOS.

9 If There Is A Problem With The Services

9.1 In the unlikely event that there is any defect with the Services:

9.1.1 please contact us through the support contact form or via email and tell us as soon as reasonably possible (including details of your name, the respective domain name);

9.1.2 please give us a reasonable opportunity to repair or fix any defect; and

9.1.3 we will use every effort to repair or fix the defect as soon as reasonably practicable and, in any event, within 5 working days.

You will not have to pay for us to repair or fix a defect with the Services under this clause 9.1.

9.2 If you are a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these TOS will affect these legal rights.


10 Termination

10.1 Either party (the "Non-defaulting Party") shall be able to terminate this Contract immediately in the event that the other:

10.1.1 commits a material breach of any of its obligations under this Contract and has not remedied such breach (if capable of remedy) within twenty eight days of request from the Non-defaulting Party for remedy by serving written notice; or

10.1.2 is subject to any winding up order or resolution, has any provisional liquidator appointed to it, has a receiver appointed or is the subject of an application made to court for an administration order or if a notice of intention to appoint an administrator is filed or an administration order made in respect of it, is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986, enters into any arrangement for the benefit of or other compounds with its creditors generally or ceases or threatens to cease carrying on its business, or (being an individual) is the subject of a bankruptcy petition or order, or any equivalent processes in any jurisdiction.

10.2 Without prejudice to any rights that have accrued under a Contract or any of its rights or remedies, either party may terminate a Contract on giving not less than 30 days written notice to the other party. Notwithstanding the foregoing, if you have agreed and paid for an annual Service, we shall not be obliged to refund any pro rated payments if you cancel during the annual term.

10.3 An account may be terminated with immediate effect if abusive behaviour is directed at staff.

10.4 Other than as set out in these TOS, neither party shall have any further obligation to the other under a Contract after its termination.

10.5 Any provision of these TOS which expressly or by implication is intended to come into or continue in force on or after termination of a Contract shall remain in full force and effect.

10.6 Termination of a Contract, for any reason, shall not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination.

10.7 If a Contract is terminated pursuant to clause 10.2 or by you pursuant to clause 10.1:

10.8.1 we will promptly provide to you an electronic copy of the Hosted Materials; and

10.8.2 we will provide such assistance as is reasonably requested by you to transfer the hosting of the Hosted Materials to you or another service provider, subject to payment of our reasonable expenses.


11 Payment And Pricing Of Services

11.1 You can only pay for the Services using a debit or credit card. We accept the following cards: Visa, MasterCard, American Express.

11.2 Payment for the Services is in advance and may be made (i) monthly; (ii) annually; or (iii) triennially in advance, as specified in the Order Receipt.

11.3 If you fail to make any payment due to us under this Contract by the due date (plus 7 days) then, without limiting our remedies under clause 11, you shall pay a fixed late fee on the overdue amount at whichever is the greater of 3% or £5. You shall pay the penalty charge interest together with the overdue amount.

11.4 Adding your card to file authorises us to auto bill you on your due date. You can manage this via our admin area.

11.5 The prices of for the Services will be as quoted on our site from time to time.

11.6 Prices for our Services may change from time to time, but changes will not affect any order which we have confirmed with an Order Receipt.

11.7 The price of a Service excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.

11.8 Our site contains a number of Services. It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. If we discover an error in the price of the Services you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Service at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Services to you at the incorrect (lower) price.

11.9 Payments in respect of domain name registrations, domain name renewals are non-refundable.


12 Warranties

12.1 To the maximum extent allowed by applicable law and without affecting your rights as a Consumer, you acknowledge and agree that the Services are provided by Codengine Ltd as-is and you assume all risks and liabilities arising from or relating to your use of and reliance upon the Services, and that Codengine Ltd makes no representation or warranty with respect thereto.

12.2 Codengine Ltd hereby expressly disclaims all representations, warranties and conditions regarding the Services, whether express or implied, including any representation or warranty in regard to quality, performance, non-infringement, commercial utility, merchantability or fitness of the services for a particular purpose.

12.3 Codengine Ltd expressly disclaims any express or implied obligation or warranty of the Services, that could be construed to require Codengine Ltd to provide Services in such a manner to allow the Customer to comply with any law, regulation, rule or court order applicable to the actions or functions of the Customer.

12.4 Without limiting the generality of the foregoing, we do not warrant that the Service(s) will meet any or all of your needs; will operate in all of the combinations which may be selected for use by you; or that the operation of the Service(s) will be uninterrupted, error-free or completely secure.

12.5 No Codengine Ltd employee, supplier or subcontractor is authorized to make any warranty on our behalf and if they make such warranties Codengine Ltd shall not be bound by them.


13 Our Liability If You Are A Business

This clause 13 only applies if you are a business customer.

13.1 Nothing in these TOS limit or exclude our liability for:

13.1.1 death or personal injury caused by our negligence;

13.1.2 fraud or fraudulent misrepresentation; or

13.1.3 any other area where it would be unlawful or invalid to seek to exclude liability.

13.2 Subject to clause 13.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

13.2.1 any loss of profits, sales, business, or revenue;

13.2.2 loss or corruption of data, information or software;

13.2.3 loss of business opportunity;

13.2.4 loss of anticipated savings;

13.2.5 loss of goodwill; or

13.2.6 any indirect or consequential loss.

13.3 Subject to clause 13.1 and clause 13.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Services.

13.4 Except as expressly stated in these TOS, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these TOS by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.


14 Our Liability If You Are A Consumer

This clause 14 only applies if you are a consumer.

14.1 Nothing in these TOS limit or exclude our liability for:

14.1.1 death or personal injury caused by our negligence;

14.1.2 fraud or fraudulent misrepresentation; or

14.1.3 any other area where it would be unlawful or invalid to seek to exclude liability.

14.2 If we fail to comply with these TOS, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these TOS or our negligence, but subject to clause 14.1 above, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

14.3 We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purposes, and subject to clause 14.1 above, we have no liability to you for any

14.3.1 loss of profits, sales, business, or revenue;

14.3.2 loss or corruption of data, information or software;

14.3.3 loss of business opportunity;

14.3.4 loss of anticipated savings; or

14.3.5 loss of goodwill.

14.4 Subject to the foregoing, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Services.


15 Indemnity

15.1 You shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with:

15.1.1 any breach by you of the warranties contained in clause 6;

15.1.2 your use of our Services;

15.1.2 any violation by you of these TOS, our policies or documents which are incorporated herein, or any law;

15.1.2 any breach of any of your representations, warranties or covenants contained in these TOS and/or any acts or omissions by you

15.1.3 any claim made against us for actual or alleged infringement of a third party's Intellectual Property Rights arising out of or in connection with the our use of software and/or other materials provided by you.

15.2 The TOS of this section shall survive any termination of these TOS. For the purpose of this clause only, the term "you" includes you, End Users, visitors to your website, and users of your products or services. The TOS of this Article shall survive the termination of the Agreement.


16 Events Outside Our Control

16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.

16.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

16.3.1 we will contact you as soon as reasonably possible to notify you; and

16.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.


17 Communications Between Us

17.1 When we refer, in these TOS, to "in writing", this will include e-mail.

17.2 If you wish to contact us in writing, or if any clause in these TOS requires you to give us notice in writing, you can send this to us by e-mail. We will confirm receipt of this by contacting you in writing, normally by e-mail.

17.3 If we have to contact you or give you notice in writing, we will do so by e-mail.

17.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.


18 Service Level Agreement (SLA)

18.1 Our Service Level Agreement sets out the performance you can expect from us and is applicable for the Personal and Professional plans only, the Starter and Free plan does not include an SLA. To the maximum extent applicable under national law and without affecting your rights as a consumer, this SLA is your sole and exclusive remedy for downtime, or any network, software, hardware or equipment failure.

18.2 We guarantee service uptime 99.9% on an monthly base. If we fall below the guaranteed service uptime, we will compensate you as follows:

  • 99.9% - 99.00% uptime: 1 month free hosting
  • An additional month of free hosting for every 1% of uptime lost below 99.00%.
  • You must contact our support within 30 days team if you believe an SLA event has occurred. Compensation cannot exceed three months.

18.4 The following events do not count towards our calculation of uptime:

  • Scheduled maintenance;
  • Emergency maintenance, hardware and software failure remedied under 1 hour;
  • Downtime caused by DNS and/or IP address changes for which you have been notified, but you failed to set your configuration;
  • Distributed denial of service (DDOS) attacks, hacker attacks, and other similar events;
  • Downtime caused by you, your own configuration, or third-party applications you use;
  • Downtime caused when you reach the maximum resources allocation for your plan;
  • Downtime caused by your violation of these TOS or any other policy announced on our website;
  • Downtime during upgrade/downgrade of your plan or re-configuration of your project;
  • Downtime during processing of your technical support request(s);
  • Force majeure or any event beyond our control.

18.5 Our calculation of service availability is based on our internal records. We will not accept third-party reports as evidence that you are entitled to a compensation under this SLA.


19 General Provisions

19.1 This Contract constitutes the entire agreement between you and us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between you and us, whether written or oral, relating to its subject matter.

19.2 Each party agrees that it shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in this Contract. Neither you nor we shall have any claim for innocent or negligent misrepresentation based upon any statement in this Contract.

19.3 You may not assign or transfer any of your rights or obligations under this Contract, in whole or in part, without our prior written consent.

19.4 A person who is not a party to this Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these TOS.

19.5 If any court or competent authority finds that any provision of this Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Contract shall not be affected.

19.6 If any invalid, unenforceable or illegal provision of this Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

19.7 If we fail to insist that you perform any of your obligations under these TOS, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

19.8 These TOS and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England.

19.9 The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these TOS or their subject matter or formation (including non-contractual disputes or claims).


Acceptable Use Policy

The Codengine Ltd Acceptable Use Policy sets out the rules and guidelines for using our Services. You agree that you and your End users will use the Services in full compliance with the Codengine Ltd Terms of Service (TOS) and the Acceptable Use Policy.

Your use of your services means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplements our terms and conditions.

We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.

This Acceptable Use Policy is an integral part of the Codengine Ltd Terms of Service (TOS). For all issues related to the use of the services not settled by the Acceptable Use Policy, the provisions of the TOS shall apply.


Suspension

Suspension of your services will occur automatically in the following cases:

  • Payment is overdue. We accept no liability should our inability to take a payment cause an account to become overdue. Please ensure you receive a payment confirmation on the expected date.
  • Malware or other suspect content has been discovered in your shared hosting account.
  • Spam or fraud/phishing email has been sent from your hosting services.

Notwithstanding the above, failure to comply with this Acceptable Use Policy constitutes a material breach of the TOS upon which you are permitted to use our services, and may result in our taking all or any of the following actions:

  • Issue of a warning to you.
  • Immediate, temporary or permanent withdrawal of your right to use our services.
  • Immediate, temporary or permanent removal of any material from our services.
  • Legal proceedings against you which may include, but not be limited to, recovery of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Notification of law enforcement authorities where we feel this is absolutely necessary.

We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.


Prohibited Uses

You may use your hosting services only for lawful purposes. You may not use your services:

  • In any way that breaches any applicable local, national or international law or regulation, including copyright or other intellectual property law.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • For using your services in a way intended to harm our network, its reputation, or the reputation of our company.
  • Instigate actions that cause harm to Codengine Ltd, other Codengine Ltd customers or any third party. Such actions include, but are not limited to, actions resulting in blacklisting any Codengine Ltd IPs by any online spam or IP reputation database, actions resulting in DOS attacks for any Codengine Ltd server, etc.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • Any material that in our reasonable opinion is either obscene or threatening is strictly prohibited and will be removed from our servers.
  • All your outgoing email messages containing advertising will include an automated opt out
  • You will not make, attempt or allow any unauthorized access to Codengine Ltd and/or third-party website(s), server(s), or hosting accounts and/or services.
  • You will not allow any remote code execution of malicious software.
  • Cause denial of service attacks, port scans or other endangering and invasive procedures against Codengine Ltd servers and facilities or the servers and facilities of other network hosts or Internet users
  • You will not host or operate an audio and/or video streaming service.