We recommend that you download a copy of our Terms and Conditions for your
Service Agreement - General Terms
We do not allow Warez or illegal MP3 sites.
Adult content must be
Users must not participate in any form of un-solicited bulk
e-mailing or spam.
IRC services are not allowed.
Data stored on your
server is not guaranteed to be backed up unless you have purchased a backup
service. It is recommend that you keep an independent copy of all data stored on
You must not divulge your passwords to any other person, and you
should take reasonable precautions to ensure that it is not discovered by other
We shall not be held liable for any loss or damages caused by the use
or misuse, unavailability or removal of services.
We reserve the right to
cancel your services at any time without notice in the event of a breach in
these Terms and Conditions.
Should your account be closed, all files
(including web pages etc.) will be deleted.
We reserve the right to amend and
update these Terms and Conditions and the Acceptable Use Policy at any time
"CowGoMoo", "we" or"us" means CowGoMoo Web Solutions
"Customer" or "you" means the person, firm or company that has requested
"Service" or "Services" means any services supplied or to be
supplied by CowGoMoo, including but not limited to the provision of Internet
"Order" means the electronic Service order annexed herein
"Server" means an Internet-connected server, virtual or
otherwise, provided by CowGoMoo for the Customer's use.
This agreement is made by and between CowGoMoo and the Customer:
This agreement is intended to cover any and all Services provided by
CowGoMoo and received by the Customer. This agreement contains the entire
understanding between CowGoMoo and Customer with respect to the Services
described in the Order and supersedes all prior agreements, understandings,
negotiations and discussions, whether oral or written, between CowGoMoo and the
Customer. The Customer acknowledges and agrees that its entire right relating to
CowGoMoo Services are as set forth in this agreement.
Subject to the terms and conditions of this agreement, CowGoMoo agrees to
provide the Internet hosting services specified in the Order. Subject to
Customer's right to terminate this agreement in accordance to Section 4.2 of
this agreement, CowGoMoo may expand or contract the scope of CowGoMoo's services
by issuing an amended order form to the Customer in advance of such change.
2. Initial Term
The initial term of this Agreement is stated in the Order ("Initial Term").
The Initial Term shall not commence until CowGoMoo accepts the Order from the
Customer and until first payment as set out in the Order is made in full by the
Customer for Services to be provided during the Initial Term.
3. Renewal Term
Unless terminated by CowGoMoo or in accordance with Section 4.2 of this
Agreement, this Agreement will automatically renew for successive terms of equal
length to the Initial Term at the applicable rate and discounts.
4. Fees and Payment
The Customer agrees to pay CowGoMoo, without limitation, for the Services it
uses. CowGoMoo reserves the right to charge the Customer standard hourly rates
as specified in the support matrix, to cover the resolution of excessive or
unusual problems or complaints.
4.1 Invoices - Invoices are emailed to the current billing
email address. All payments are 12 months in advance.
Clients are fully responsible to ensure payment of all amounts due are paid
on time independently of receiving invoice or billing notifications by email
from CowGoMoo. Overdue accounts may be disconnected at any time after the expiry
date. All data will be deleted after 2 weeks unless alternative arrangements are
made with CowGoMoo.
4.2 Cancellation Policy - Unless stated or otherwise
negotiated in writing, each Service contract renews on expiry of its Initial
Term for another equal Term. In order to cancel a Service contract the Customer
must notify CowGoMoo at least 30 days before expiry of the current Term via the
online cancellation form. If a service is cancelled with less than the Term
remaining an invoice will be issued for the additional days. There are no
partial refunds or credits for early cancellations. All payments to CowGoMoo are
final and non-refundable.
4.3 Overdue payments - All invoices are due within 2
working days of the stated invoice date. At our discretion we may refer
overdue payments to our debt collections agency, and in that event an
administration charge will be added to the outstanding amount. The value of the
administration charge is discretionary, but would be a minimum of 25% of the
5. Acceptable Use Policy
Customers shall at all times comply with and help ensure that they and their
clients comply with the terms of the current version of the Acceptable Use
Policy (AUP) posted at http://cowgomoo.com/index.php?page=uap.
Customer agrees that CowGoMoo may amend the terms of the AUP from time to time
by posting a new or different version of the Acceptable Use Policy at www.cowgomoo.com. For existing customers,
changes shall come into effect one month after they are published on the
CowGoMoo website. The Customer shall include the terms and conditions set out in
the Acceptable Use Policy in an Acceptable Use Policy with its own clients.
6. Response Times, Guarantees
i) Hardware Maintenance; CowGoMoo is responsible for the replacement of any
hardware components that fails. This includes chassis, PSU, disks, memory and
motherboard of the server. The customer will not be charged for any failure or
replacement of hardware. In the case of a hardware fault which results in a
server failure CowGoMoo will replace the faulty hardware within 3 days of
isolating the cause of failure. All of our Servers use RAID disk configuration
so in the event of a single disk failure no disruption to service should occur
and the replacement would be carried out at a mutually convenient time.
ii) Connection Guarantees; We guarantee that all of our UK Servers are within
a maximum of twenty milliseconds of 95% of UK residences. We have triple
redundant uplinks via physically diverse cables into the UK backbone to ensure
maximum connectivity uptime. Where the connection is metered we guarantee that
the full burst capability will be available at all times. Where the Server's
connection is unmetered, we guarantee that the maximum divided by the contention
will be available at all times (eg. 2Mbps in the case of a 10Mbps connection
with 5:1 contention). In general, we attempt to ensure that an unmetered
connection's maximum burst is available at least 80% of the time, and have a
large contention pool to ensure that.
CowGoMoo will guarantee that if a customer can prove that any of the above
services or response times have not been met the customer shall receive a day's
credit for every incident up to a maximum of 10 days credit within any calendar
7. 99.95% Availability Guarantee
We endeavour to provide the most reliable infrastructure as practical to
Customers. To Customers in good financial standing with us we guarantee that the
following aspects of our services are available 99.95% of the time in a year,
excluding scheduled maintenance:
i) Network; The network is defined as core network infrastructure up to your
server or other Service but excluding the server hardware, services and software
running on your server. Network downtime (and "outage") is measured from the
moment the Customer notifies our support team of a network failure to the time
the Network responds to an external "ping" request.
"Outage" means a failure of the Network as defined above. Notification of an
outage must occur at the time of the outage and not after the fact. The Customer
will be refunded 1 day's worth (3.4%) of their monthly hosting fee in the event
that the total outage period in one month exceeds 22 minutes (0.05% of a month),
and an additional day for each additional 30 minutes of downtime up to 50% of
the Customer's monthly hosting fee.
Refunds shall not be provided to the Customer if the outage results from: a)
maintenance; b) circumstances beyond our reasonable control, including, but not
limited to: dDoS or other network attacks, upstream or 3rd party network
outages, war, fire, flood, sabotage, labour disturbance, acts of government; c)
any actions or inactions of you or any third party; d) breaking this Agreement
or our Acceptable Use Policy.
8. Temporary Service Suspension
The Customer agrees that it may be necessary for CowGoMoo to Temporarily
suspend Services for technical reasons or to maintain the CowGoMoo network, the
equipment or any other facilities, the timing of which will be as determined by
CowGoMoo. Such suspension of the Services will not be an interruption of the
CowGoMoo Services for the purpose of calculating network availability or the
Customer's entitlement to credit for network interruption.
9. Emergency Service Suspension
CowGoMoo may interrupt the Services at any time for any duration of time,
without penalty or liability for any claim by the Customer, where necessary to
prevent improper or unlawful use of CowGoMoo Services or network. Such
suspension of Services will not be an interruption for the purpose of
calculating network availability or the Customer's entitlement to credit for
10. Daily Backups
CowGoMoo offers daily and snapshot backups of critical data files. If a
customer has chosen the Daily Backup Option then it is CowGoMoo's responsibility
to ensure we have a Backup of the customer's chosen data. It is the customer's
responsibility to ensure that any backup folder creation or similar is set up in
order for us to take the backups. CowGoMoo cannot be held responsible for the
integrity of the customer's data or the fact that the data may be corrupt. The
Customer will hold CowGoMoo without penalty or liability for any claim resulting
from a failed backup and/or restore procedure.
11. Compromised/Hacked Server
A compromised or "hacked" server is a serious threat to our network.
CowGoMoo, at its sole discretion, will take any and all measures to prevent a
compromised server from doing additional damage to its own system and files or
to the rest of the network. Determination that a server has been compromised: By
the Customer - If you believe your system may have been hacked, immediately
report the situation to CowGoMoo technical support. CowGoMoo will examine your
system and may implement additional monitoring of your system. By CowGoMoo - If
a CowGoMoo System Administrator believes a server on our network is compromised,
CowGoMoo will: 1) disconnect the server from the network, 2) contact the client,
and 3) provide evidence of the server being "hacked".
12. Termination of Agreement
If Customer breaches any of its obligations under this agreement or the
Acceptable Use Policy (AUP) then CowGoMoo may terminate this agreement at any
time and without prior notice.
13. Limitation of Liability
Customer acknowledges and agrees neither CowGoMoo nor any of its members,
shareholders, directors, officers, employees or representatives will be liable
for any special, indirect, consequential, punitive or exemplary damages, or
damages (including but not limited to damages for loss of profits or savings,
loss of data, or loss of use) in connection with this agreement. If, despite the
foregoing limitations, CowGoMoo or any of its shareholders, directors, officers,
employees or representatives should become liable to Customer or any other
person in connection with this agreement for ANY REASON, then the maximum
aggregate liability of CowGoMoo, its members, shareholders, directors, officers,
employees and representatives for all such things and to all such parties will
be limited to the lesser of the actual amount of loss or damage suffered by the
claimant or the amount payable by Customer to CowGoMoo for one month of service
under this agreement.
Customer will indemnify and save harmless CowGoMoo and its members,
shareholders, directors, officers, employees, agents, contractors, and
representatives from and against all damages, losses, costs and expenses
(including actual legal fees and costs), fines and liabilities incurred by or
awarded, asserted or claimed against CowGoMoo or any of its members,
shareholders, directors, officers, employees and representatives in connection
with Customer's negligence, activities or omissions, or breaches of its
obligations under this agreement, including claims brought by a person using or
relying upon any advice given or publication produced and distributed by
15. Customer Acknowledgement
Customer acknowledges that it accepts all risk of any unauthorised or illegal
use of the CowGoMoo network or any inter-connected network by third parties.
CowGoMoo provides no warranties, makes no representations, and accepts no
liability for the unauthorised or illegal access or interference with the
Customer's server/network unless such access or interference is caused by the
intentional unlawful acts of CowGoMoo, its agents or employees.
16. IP Address Ownership and Usage
CowGoMoo assigns IP (Internet Protocol) addresses to Customers for their use.
Customers have no right to use CowGoMoo IP addresses not assigned to them, to
move IPs between different servers or account or in ways not permitted by
CowGoMoo. CowGoMoo maintains ownership of all IP addresses that are assigned to
Customers and reserves the right to change or remove them at its sole and
absolute discretion. Typically, however, these changes are rare and made only at
the request of RIPE & ARIN or an upstream provider. PLEASE NOTE: The
allocation of IP addresses is restricted by the policies of RIPE & ARIN.
These policies now dictate that name-based hosting MUST be used whenever
possible. CowGoMoo reserves the right to periodically review IP address usage
and revoke authorisation to use those IP addresses not being utilised or where
name-based hosting could be used.
17. CowGoMoo Administrative Account and Software
For the purposes of Network/Server maintenance, inventory and related
activities, CowGoMoo staff and management retain the right to administrative
access to any and all Servers on their network. To facilitate this, all CowGoMoo
Servers include a CowGoMoo administrative account and/or daemon designed for
these purposes. See Acceptable Use Policy (AUP) for more details.
18. Governing Law
This Agreement is governed by the law of England, and the Customer agrees
that any court action brought under this agreement shall be brought in the
jurisdiction of England. If any provision of this agreement is held by any
competent authority to be unlawful, invalid or unenforceable in whole or in part
then the provision shall be deemed to be severable from the remaining provisions
and shall not affect their validity or