Terms and Conditions
for Colocated Servers
Payment and cancellation
1.1
Mythic Beasts will provide the Customer with hosting of the Customer's server (the Server) in Mythic Beasts' facility with electrical power, internet connectivity, and other connectivity as agreed with the Customer (the Service).
1.2
The Customer may cancel the Service at any time giving 30 days notice. The Customer is entitled to a pro-rata refund for any remaining service period. There is no minimum service period.
1.3
Mythic Beasts will endeavour to provide the Service at all times for the duration of this period; however the Service is provided with no agreed service level. In the event that the provided service level is unacceptable, the customer's sole remedy is to terminate the agreement under clause 1.2.
1.4
Mythic Beasts reserve the right to suspend or cancel the Service at any time, if continuing to provide the Service threatens our ability to provide good service to other customers.
1.5
In the event of non-payment, Mythic Beasts reserves the right to retain the Server until any outstanding invoices have been settled. In the event that an invoice remains unpaid for more than one year, Mythic Beasts reserves the right to sell the Server in order to settle the amount oustanding. Any surplus from the proceeds of sale will be returned to the customer, less reasonable storage and administration costs.
1.6
Any IP addresses allocated to the Server remain the property of Mythic Beasts.
Security, Maintenance and Access
2.1
The security of the Server and customer data remain the sole responsibility of the Customer, who should perform such backups and maintenance to software running on the Server to maintain its integrity. Mythic Beasts accepts no responsibility for damage to data or loss of service however caused (for instance, as a result of hardware failure or malicious "hacking").
2.2
The Customer retains ownership of the Server, and it is the Customer's responsibility to remedy any hardware faults.
2.3
Physical access to the Server is by prior arrangement only, and must be accompanied by Mythic Beasts staff. If the access does not coincide with a scheduled visit this may be chargeable.
Acceptable Use Policy
3.1
The Customer is responsible for all use of the Server. The Service must not be used for any unlawful activity or in any way that deliberately disrupts the normal working of other equipment connected to the Internet. This includes, but is not limited to:
- sending or relaying of unsolicited bulk email (spam);
- attempting to gain unauthorized access to other equipment connected to the Internet;
- "denial of service" attacks on other equipment;
- anything else which is illegal or prohibited by an applicable Acceptable Use Policy or any other contract or agreement.
3.2
Mythic Beasts may disconnect any Server that is used for such abuse. Where such abuse has been carried out with the knowledge of the Customer, Mythic Beasts will immediately terminate the Service and the Customer will not be entitled to a refund of any monies paid.
3.3
Bandwidth usage is calculated on a calendar month basis. Where the Server has used more than the agreed bandwidth in the preceding month, the excess will charged at the agreed rate.
Changes to the service
4.1
Mythic Beasts may vary the price and terms of provision of the Service at any time by giving no less than 30 days notice by email. The price change will take effect at the end of the service period in which the change is made.