These terms not valid for contracts issued after 25th May 2018.
Legacy Terms of Service
These terms of service affect all Code Enigma hosting products and services, including those advertised on the devops.host website.
Code Enigma agrees to furnish services to the Subscriber, subject to the following Terms of Service. Use of Code Enigma's service constitutes acceptance and agreement to Code Enigma's Terms of Service.
Code Enigma reserves the right to modify the Terms of Service without notice.
Use of Services
You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United Kingdom or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify Code Enigma of any unauthorised use of your account or any other breach of security. Code Enigma will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using Code Enigma. You will not engage in any activity that interferes with or disrupts Code Enigma's services or networks connected to Code Enigma and our infrastructure partners.
Furthermore, Code Enigma operates an Information Security Management System as part of our ISO 27001 certification. By accepting a contract for services with Code Enigma, you inherently agree you and your organisation will adhere to our Third Party Security Policy. You also agree this policy applies to any persons or systems which have access to Code Enigma services and it is your responsibility to ensure they are aware of their responsibilities and agree to comply.
Third Party Criminal Activity
Code Enigma reserves the right to halt services and/or enforce the use of an appropriate mitigating technology, at your expense, to protect our systems in the event you experience criminal activity, directed at your services specifically and which endangers the operation and reputation of our wider business.
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that Code Enigma will impose fees; and/or pursue civil remedies without providing advance notice.
Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.
Spam and Unsolicited Bulk Email (UBE): Code Enigma has a zero tolerance policy on spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Code Enigma whether or not the message actually originated from our network.
Mailing Lists: Code Enigma's mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.
Access to Other Computers or Networks without Authorization: Attempting unauthorised and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
Code Enigma and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, or by United Kingdom law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Code Enigma's services may not be used to facilitate infringement of these laws in any way.
Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of Code Enigma or Code Enigma's customers.
Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.
Code Enigma does not prohibit the use of distributed, peer to peer network services such as Tor, nor does Code Enigma routinely monitor the network communications of customer Code Enigmas as a normal business practice. However, customers are responsible for the contents of network traffic exiting their server. Any usage that prompts the receipt of abuse complaints pertaining to violation of United States and/or international copyright law must be promptly discontinued to avoid service cancellation for violation of these terms.
Code Enigma reserves the right to change its infrastructure partner for your server, in order to enhance performance, stability or security, subject to maintaining agreed conditions for hosting location and security.
Invoicing and Payment
You agree that Code Enigma shall be permitted to invoice you on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon standard 30 day nett terms. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by Code Enigma may be turned over to an outside collection agency for collection.
Subscriber is aware that Code Enigma may prospectively change the specified rates and charges from time to time.
Code Enigma is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Code Enigma. Currency exchange settlements will be based on agreements between you and your bank/financial services provider.
Code Enigma provides the following uptime guarantees:
- a 99.9% uptime guarantee on software installed and managed by Code Enigma;
- a 99.9% uptime guarantee on dedicated or public cloud hardware purchased from Code Enigma;
- a 99.9% uptime guarantee on network connectivity to all public cloud hardware purchased from Code Enigma;
- a 100% uptime guarantee on network connectivity to all dedicated hardware purchased from Code Enigma;
- a 100% uptime guarantee on network connectivity and hardware on all private cloud hardware purchased from Code Enigma.
We also guarantee 1 hour hardware replacement for dedicated hardware purchased from Code Enigma. We can offer no guarantee on hardware and network connectivity for server management customers who procure their own hardware, however the 99.9% uptime guarantee on software is still applicable.
In any given month, if Code Enigma fail to meet the uptime guarantees for your product(s) and/or service(s) and you believe it is through the negligence of Code Enigma or a Code Enigma supplier, you may request a pro-rated credit for the down-time.
Account Cancellation or Suspension
Code Enigma reserves the right to suspend network access to any customer if, in the judgment of the Code Enigma network administrators, the customer's server is the source or target of a violation of any of the other terms of service or for any other reason which Code Enigma chooses. Code Enigma will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. Code Enigma may insist the Customer subscribe to an external service, in order to protect Code Enigma's infrastructure and other customers. Code Enigma reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
If at any time it becomes necessary for Code Enigma to cancel a customer's service without cause, Code Enigma will provide 30 days advance notice.
You may cancel the service at any time by providing 30 days of advanced notice. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges.
If Code Enigma assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Code Enigma, and Customer shall have no right to use that Internet Protocol address except as permitted by Code Enigma in its sole discretion in connection with the Services, during the term of this Agreement. Our partner's allocation of IP addresses is limited by ARIN's policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses when the protocol supports name-based virtual hosts. What this means to you is that you MUST use name-based hosting where possible.
Limitation of Liability
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Code Enigma and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Code Enigma shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Code Enigma. Subscriber further acknowledges that Code Enigma's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Code Enigma be liable for any special or consequential damages, loss or injury. Code Enigma is not responsible for any damages your business may suffer. Code Enigma does not make implied or written warranties for any of our services. Code Enigma denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Code Enigma.
Disclosure to Law Enforcement
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Code Enigma may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, Code Enigma shall have the right to terminate all service set forth in this Agreement.
You agree that your use of Code Enigma shall be at your sole risk. All services provided by Code Enigma are available as is, without warranty, unless otherwise specified in your contract.
Code Enigma wishes to emphasise that in agreeing to the Code Enigma Terms of Service, customer indemnifies Code Enigma for any violation of the Terms of Service that results in loss to Code Enigma or the bringing of any claim against Code Enigma by any third-party. This means that if Code Enigma is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Code Enigma, plus all costs and reasonable attorney's fees.
You agree that Code Enigma may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Code Enigma services.
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Code Enigma and govern your use of Code Enigma services, superceding any prior agreements between you and Code Enigma for the use of Code Enigma services.
Choice of Law and Forum
The Terms of Service and the relationship between you and Code Enigma shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions. You and Code Enigma agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom.
Waiver and Severability of Terms
The failure of Code Enigma to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Code Enigma services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.