Use of Ryanhost’s Service constitutes acceptance and agreement to RYANHOST's AUP (Acceptable Use Policy) as well as Ryanhost's TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of “us”, “we”, “our”, “ours”, “RYANHOST” shall constitute reference to ryanhost.com, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of RYANHOST.

Acceptance of Contractual Agreement

1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by RYANHOST, that you are agreeing to our TOS. No Modifications of said contract by customer is allowed.

2. RYANHOST will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

3. In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds allotted amount, specified in Customer's contract, Customer will pay RYANHOST any additional fees as specified in the Service Description within three (3) days of invoicing period. Any BW overage bill not paid within three (3) days of invoicing will be subject the server and services to suspension.

What may not be hosted on our network:

Illegally posted materials will not be tolerated on our network. These include:

- Illegal Copyrighted Software
- Pornography of any nature
- Credit Card Fraud Information
- Copyrighted media, includes but not limited to: Video, Music, TV, Radio

If you find any of the above materials hosted on one of our web servers, please report to abuse@ryanhost.com.

Additionally, we reserve the right to ban the use of applications which allow the proliferation of unsolicited email from our network, or which decrease the performance of our servers thus bearing on the quality of service we may provide to other customers.

Network Uptime is the total time in a calendar month that RYANHOST network is available through the Internet, provided that Client has established connectivity. RYANHOST takes responsibility for Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, which render 100% packet loss, 99% of each calendar month

Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled “Network Uptime” above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in RYANHOST's Network as confirmed by RYANHOST. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

Scheduled Downtime is any RYANHOST scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 12- 24 hours notice.

Support
We pride ourselves on supporting our customers, although direct involvement supporting a user to build their website exceeds thirty minutes then a charge of £50 (one off payment) for any additional hours will be required.

Database / MySQL Usage
Here at RYANHOST we allow a maximum of 100mb per database per user. Exceeding this limit can cause your site to be put on temporary hold. If you have a larger database you should start thinking about VPS or Dedicated hosting.

SLA Network Violation Credit
Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability: · Scheduled downtime · Problems outside of RYANHOST's network (upstream providers, or client's inbound connection) not effecting 100% loss to our network · Interruptions or failure of individual service caused by client, their employees, client's customers, etc. to their service. These include inaccurate configuration, 3rd party software, and client abuse or over utilization of resources, hacked servers, attacks, exploits, server hardware failures or other users on server to cause the server to overload which may cause downtime. We will do our best to remove such offenders immediately.

Payment
Establishment of this service is contingent upon receipt of payment from Customer to RYANHOST.Subsequent payments are due on the anniversary date of the month for that month's service, unless customer requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account's monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

Payments and Fees
Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a £10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for non payment is subject to a £200.00 reconnect charge. Accounts not paid by due date are subject to a £7.95 late fee. Accounts that are not collectable by RYANHOST will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than Fifty (£50.00) nor more than One Hundred, Fifty (£150.00)

Credit Card Payments
RYANHOST.com will not add any additional fees to your purchase if you pay via any of the card type supported.

When We Take Payment
Please be aware that full payment will be taken from your card when we have accepted your order and it is ready to be installed on our servers.

Delinquent Accounts
RYANHOST may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

Account Cancellation
All requests for cancelling any service / services must be made in writing with at least 15 days notice but not more than 30 days prior written via email to support@ryanhost.com include your domain name and cPanel password.

Refunds and Disputes
All payments to RYANHOST are non refundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, in RYANHOST'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.

30 Day money back Guarantee
All shared hosting and plans come with a 30 day money back promise. If for whatever reason we fail to satisfy your needs and are within 30 days we will fully refund your money all we ask is you give us a reason so this will help us improve as a company. Dedicated Servers do not fall under this policy due to the labour involved in setting them up and also cost.

Dedicated Server Restore
RYANHOST is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. RYANHOST shall not be liable for loss of data under any circumstance however we DO take daily backups and the server's hard disks are mirrored.

Hardware replacement will occur within 1 - 8 hours of the reported problem, RYANHOST will refund 5% of the monthly fee per additional 8 hours of down time (up to 100% of customer's monthly fee). In order to reduce replacement hardware downtime, we keep a small quantity of pre-built systems on hand to swap out Hard disks, so that your server can be back up in the shortest amount of time. For Hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request an SLA hardware violation credit, you must email sales, within 10 days of reported violation, at: sales@RYANHOST.com. SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM GMT. *Hardware SLA violations do not cover network violation*

Resource Abuse Policy
Any website on our shared servers that uses a high amount of server resources (CPU, memory usage, and network resources) will be given an option to pay for a dedicated server. The abuse and misuse of system resources is a serious problem, and RYANHOST does not tolerate it. Accounts on a shared server must be shared with other users, so we must limit how much of the CPU and memory which can be used by any one account.

In all fairness, we cannot allow one or two clients to use all of the system resources on a shared machine and have all other clients suffer because of it. Excessive CPU & memory usage by one or more clients causes extreme slowness in all areas: MySQL, Email, HTTP and more. If the CPU & memory usage by a few clients gets excessive, all sites hosted on the machine will return errors and not be accessible in any way.

AVERAGE SERVER RESOURCE LIMITS
- Memory usage may not exceed 10% per domain/file/application.
- CPU usage may not exceed 20% per domain/file/application
- Apache connections may not exceed 30 connections
- 15 MySQL maximum user connections allowed
- 350 emails per hour, per domain

There are special exceptions to these rules to be determined at the time we discover abuse. There are different combinations of usage which can create problems and other special cases. At any given time a server is unstable and an account is found to be the cause, we reserve the right to suspend the account to keep the server online and operating normally. If the usage is an increasing trend, we recommend the user invest in a dedicated server so the website can grow at a normal rate without restriction.

SUSPENSIONS
In the event your website has been suspended for resource abuse (abuse which cannot be resolved by removing/changing a script, etc.) and you do not wish to upgrade to a dedicated server to accommodate your site needs, we will only release the suspension within 24-48 hours. This is to ensure the CPU intensive site slows down in traffic to avoid further damage and problems. A backup will then be provided of your files or you will be allowed FTP/cPanel access for a certain time period.
Any questions about our abuse policy may be answered by emailing our abuse department at abuse@ryanhost.com

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