Terms of Service
Last updated: 13th April 2016

All services provided by Hoopla Hosting Limited may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United Kingdom and United State law is strictly prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, pornography, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Hoopla Hosting Limited from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to Hoopla Hosting Limited' servers, or any other server on the Internet. Links to such materials are also prohibited.

Acceptance and agreement of this Terms Of Service (when ordering any service with Hoopla Hosting Limited) automatically constitues acceptance and agreement of our Acceptable Use Policy.

Examples of unacceptable content or links:

The above list is not definitive, and Web Hosting Hosting will be the sole determinant of what is and what is not unacceptable content or links.

NB: If your account is found to be contain unacceptable content or links, we may suspend or even terminate your service immediately (depending on the size of the breach of this Terms Of Service).

Traffic/Bandwidth Usage

All account plans come with a predetermined amount of traffic allowance. If you exceed your traffic allowance (i.e. your specified bandwidth/data transfer limit), your account will automatically be suspended until you contact Hoopla Hosting Limited support and upgrade your hosting plan or wait until the following month whereby your bandwidth allowance resets.

IRC

We do not allow Internet Relay Chat (IRC) or IRC bots to be operated on our servers. This includes any applications which interface with IRC.

Illegal Content

Storing illegal content is strictly prohibited and your account will be suspended and possibly terminated for storing such content. Please note, if your account is found to possess such content, it may be removed from our servers instantly and we will not be liable to provide a full backup (inclusive of the illegal content) of your account should we terminate/suspend your account.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Hoopla Hosting Limited is strictly prohibited. As our customer you are responsible for any account(s) you have with us. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

This clause also applies to websites and accounts which take up an unacceptable level of the server's resources. Hoopla Hosting Limited will be the sole determinant in what the said unacceptable level is. Having said that, please note that we will always aim to contact an account's owner first to work with them before terminating an account.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks and distributive hosting sites of Hoopla Hosting must adhere to the above policies.

Billing

By the renewal date of each month, payment must be made. If you are not able to pay for any reason, please contact the Billing department so that we can work with you on the matter.

The name that will appear on your statement will be "HOOPLA HOSTING" or "HOOPLA HOST"

Money Back Guarantee & Refund Policy

We do not generally refund cancelled contracts. For example, if your contract is to be paid annually and you request a refund before the next renewal date, no refunds will be admitted on the pre-paid portion of your contact. In case of AUP and TOS violations, any and all refunds are forfeit.

That being said, if you wish to cancel your hosting solution with us, you may do this within the first 30 days of the order and you will receive a full refund without any questions asked. This is our Money Back Guarantee.

If you genuinely feel your specific case warrants a refund for any reason, please contact us via the Support Desk and we'll review your application.

Account Terminations due to Non-Payment

Any account which has unpaid invoices of longer than 30 days will automatically be terminated. Any and all files and databases will be permanently deleted. Hoopla Hosting Limited cannot be held responsible for data loss caused by non-payment.

Cancellation Requests and Refunds

We DO NOT refund partial monthly fees to accounts. We require 2 business days notice before the renewal date for a cancellation request to be granted.

Limitation of Liability

Hoopla Hosting Limited shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Hoopla Hosting Limited's servers going off-line or being unavailable for any reason whatsoever. Furthermore, Hoopla Hosting Limited shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Hoopla Hosting Limited's servers. All damages shall be limited to the immediate termination of service.

Additionally, the user is expected to keep full backups of all their websites and files. Whilst we keep daily off-site backups, you should still keep your own back-ups. As such, we cannot be held at all responsible for any loss of data.

Violations

Alleged violations of our Acceptable Use Policies and Terms Of Service should be referred to us via our support desk. All complaints will be investigated promptly. Failure for a client to follow any term or condition may be grounds for immediate account deactivation.

Contact Information

Hoopla Hosting Limited's legal address is 39 Middlepark Road, Sockburn 8042, New Zealand. This is not where we store our servers and we cannot give support via this address. Our general e-mail address is support@hooplahosting.com. We offer 24/7 support via our support help-desk at http://www.hooplahosting.co.nz/contactus/.

Disclaimer

Hoopla Hosting Limited cannot be held liable for system downtime, crashes or data loss. We cannot be held liable for any predicted estimate of profits which a client would have gained if their site was functioning. Certain services provided by Hoopla Hosting Limited are resold. Thus, certain equipment, routing, software and programming used by Hoopla Hosting Limited are not directly owned or written by Hoopla Hosting Limited. Moreover, Hoopla Hosting Limited holds no responsibility for the use of our clients' accounts.We reserve the right to remove any account, without advance notice for any reason without restitution, as Hoopla Hosting Limited sees fit.

Account Activation

By activating your account with Hoopla Hosting Limited, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer.

Abusive Language

We will not tolerate any abusive or threatening behavior or language aimed at our staff members or our contractors. Abusive language and threats made to our staff may be grounds for immediate suspension or termination of your service.

Reseller Hosting

Our reselling hosting allows you to host more than one client. Please note that whilst we support our direct resellers, we do not offer support to your end users (i.e. your clients) since your end users are your clients, not ours.

Service Level Agreement

Hoopla Hosting Limited guarantees 99.9% service uptime on all hosting plans. Should we fail to deliver this for any given calendar month, please check our Service Level Agreement for information on how to apply for a service credit.

Hoopla Hosting Limited actively monitors the server's uptime, and we will be the sole determinant of whether any one of our servers has been down for more than the acceptable limit specified in this SLA. The amount of credit given will also lie solely with Hoopla Hosting Limited.

Hoopla Hosting Limited reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We will, however, always endeavour to notify our customers in the case of a change of any of our policies.

Delievery times and expectations

All services are provisioned instantly unless otherwise stated. In some cases manually intervention maybe required in which case your service will be provisioned within 12 hours.