Borrow A Geek is a provider of hosting, domain registration and other related services. The term ‘The End User’ is any person, whom must be 18 years of age or over, or a company that applies to register a domain name or purchases the provision of hosting or other related services from Borrow A Geek.
These terms and conditions are intended to protect both the integrity and liability of Borrow A Geek and The End User. The End User agrees that the service is provided as per the published data and that Borrow A Geek assumes no responsibility for the timing, deletion, delivery or failure to store any customer communications or personalisation settings over and above those permitted under these terms and condition or agreed in writing at the time of contract.
Hosting accounts with Borrow A Geek include a specific disc space allocation, to increase your disk space you will need to upgrade to the next hosting package. Disk space can only be used for hosting of websites and email. Only one backup copy of each website is allowed, Borrow A Geek retains the right to remove additional backup copies without notice. We strongly advise that additional backup copies are copied to a separate storage device such as a pc or external storage device.
Accounts with Borrow A Geek do not include separate IP addresses. Separate IP addresses are available at additional cost.
MySQL Database facilities are included in the Wordpress, Basic, Plus and Enhanced plans.
Borrow A Geek is committed to using up to date software releases in all systems and equipment to ensure the highest level of functionality, stability and security. It is the responsibility of The End User to use the latest scripts and software too. From time to time system upgrades and updates will be required and whilst every effort will be taken to inform The End User of such changes in advance certain critical upgrades or updates may have to be implemented without notice.
Borrow A Geek offers additional hosting backup products such as CDP (Continuous Data Protection) and Automatic Website Backup (shared hosting only) software. Such products will on a scheduled basis take backups of your website data, such backups on their own are no guarantee of a successful restore, a successful restore is still dependent upon a number of factors and so we can’t guarantee the availability, usability or integrity of either the backup or restore. If a client fails to pay renewal fees such backup data will be lost.
Acceptance and payment of the annual hosting fee constitutes a contract for 12 months.
Applicants will be invoiced by email and payment will be taken by credit or debit card online at the time of ordering the hosting or cloud services. Alternatively, The End User may make payment by SEPA Direct Debit.
Borrow A Geek reserves the right to refuse the provision of hosting or cloud services without giving reasons.
Payment for the annual or monthly renewal of the hosting services is necessary before the renewal date in order for the hosting services to continue uninterrupted. The End User will be invoiced by email 30 days before the hosting services are due to expire and reminded again by email 7 days before the hosting service is to expire.
The End User’s credit or debit card details are securely stored at the time of application and the annual or monthly renewal payment will be automatically taken three (3) days before the renewal date. Should the card payment fail further attempts will be made every seven (7) days until the service/product expires (30 days after the renewal date). The End User may cancel automatic renewal by logging into the account and deactivating automatic payment. (Borrow A Geek cannot guarantee continuity of services if credit card details are removed from the clients account). Alternatively The End User may make renewal payments by SEPA Direct Debit or Paypal subscription. The customer is still liable for payment in order to maintain supply of services.
Payment of the hosting renewal fee constitutes an additional contract period of 12 months for annual payments and 1 month for monthly payments.
The Terms of Service in force at the time of renewal will then apply.
Failure to pay the annual or monthly renewal fee before the expiry date will result in the service being suspended on the expiry date. Any outstanding fees will become immediately due.
Hosted data such as website files are automatically wiped 60 days after non-renewal.
Borrow A Geek will provide to The End User one free website transfer (including one database) from the current host to Borrow A Geek when purchasing shared hosting, so long as the website is found to have reasonable resource usage and a standard configuration. Borrow A Geek reserves the right to apply additional charges where excessive work is involved. Thereafter any additional work or tasks related to additional website moves will be charged for at our standard hourly rate.
Any email setup will be charged at our standard hourly rate.
Clients will be provided one website restore free of charge. Additional website restores will be charged at our standard restore rate.
DNS changes will be made free of charge provided the Clients domain name is registered with Borrow A Geek or has been transferred to Borrow A Geek.
It is the Clients responsibility to maintain and keep all software that has been installed on the website (e.g. Wordpess, Magento etc) updated. Any work or tasks related to updating Clients website software will be charged for at our standard hourly rate.
Hosting fees do not include additional work and tasks related to identifying and fixing hacked websites. Such tasks will be charged for at our standard hourly rate.
If Borrow A Geek identifies phishing, spamming or hacking out of hours and such a website requires attention in order to protect the integrity of the website or the Borrow A Geek network then the Client agrees to Borrow A Geek carrying out such work or tasks and charging the Client at the standard hourly rate.
The End User will not use the Borrow A Geek services for any purpose that is unlawful or prohibited by these terms and conditions.
The End User may not attempt to gain unauthorized access to any Borrow A Geek service, other accounts, computer systems or networks connected to any Borrow A Geek services through hacking, password mining or any other means.
The End User may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available through the Borrow A Geek services.
Borrow A Geek reserves the right at all times to disclose any information as Borrow A Geek deems necessary to satisfy any applicable law, regulation, legal process or court order, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Borrow A Geek's' sole discretion.
Any dealings with third parties (including advertisers) included within the Borrow A Geek services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between The End User and the advertiser or other third party. Borrow A Geek shall not be responsible or liable for any part of any such dealings or promotions.
The End User is solely responsible for the content of The End User's text whether on the website or on email.
Must agree to provide true, accurate, current and complete information on the registration form.
Must agree to maintain and promptly inform us to update the Registration Data to keep it true, accurate, current and complete. If The End User provides any information that is untrue, inaccurate, not current or incomplete (or Borrow A Geek has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete) Borrow A Geek has the right to suspend or terminate The End User's account and refuse any and all current or future use of the service (or any portion thereof).
Must not use the Borrow A Geek services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages whether commercial or otherwise.
Is responsible for maintaining the confidentiality of any password and account data.
Is fully responsible for all activities that occur under The End User's password or account. The End User agrees to notify Borrow A Geek immediately if there is any unauthorised use of The End User's password or account or any other breach of security.
Must ensure that The End User account is logged-out properly at the end of each session. Note: Borrow A Geek cannot and will not be liable for any loss or damage arising from The End User's failure to comply with these requirements
Who is in violation of system or network security is subject to criminal and civil liability, as well as immediate account termination. This might include, but not be limited to the following:
-Unauthorised access, use, probe, or scan of a systems security or authentication measures, data or trafficc
-Interference with service to any user, host or network including, without limitation.
-E-mail bombing, flooding (deliberate attempts to overload a system) and broadcast attacks.
-Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.
Agrees not to use his account to publish any information, software or other content which violates or infringes upon the rights of any other or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
Acknowledges that Borrow A Geek does NOT permit sites that provide any content, points of distribution, or 'links' to other sites that:
-Infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy;
-Violate any law, statute, ordinance or regulation under Irish Law;
-Are defamatory, discriminatory, trade libellous, threatening, unlawfully harassing, abusive, pornographic or obscene;
-Contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
-Contain Pirated or Hacking / Phreaking Software (Warez)- Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction;
-Has Adult Sites (content). Meaning: Any erotic or pornographic material, links to Adult sites, or advertisements for Adult sites.
Agrees that Borrow A Geek alone have the right to determine whether any of the messages The End User sends are spam. Spamming generally includes, but is not limited to:
-The bulk sending of unsolicited messages;
-The sending of unsolicited e-mails which provoke complaints from recipients
-The sending of junk mail. The use of distribution lists that include people who have not given specific.
The Service is a ‘Pay as you Grow Plan’. Limits can be increased by logging into your account. Once you have added additional packages to the Service, these will become chargeable at the point of purchase.
Each package has an additional storage quota. This may be by reference to the number of emails held, the size of attachments, or other methods we may specify. We will not be liable for any emails lost due to full mailboxes which have not been upgraded.
We may occasionally need to change these limits either for operational reasons, or because we reasonably believe you have not been using the services in accordance with our Acceptable Use Policy. If we do so, we will endeavour to give you twenty-one (21) days advance notice of the new limits by email and after that notice expires, we may refuse to accept material and/or remove materials which exceed the relevant limits. We reserve the right to suspend your Service if any request made is not actioned.
It is your responsibility to keep your password confidential and to change the password on a regular basis. We will not be liable for any data losses or security issues due to stolen or insecure passwords.
We monitor the mail platform as a whole but do not monitor individual mailboxes. The server uses SMTP ("Simple Mail Transfer Protocol"), a "store and forward" email protocol, to receive incoming and deliver outbound messages. By default, the mail platform attempts to deliver messages on a regular basis. If delivery is not achieved within twelve (12) hours, a delay notification is emailed to the sender. If delivery is not achieved within four (4) days, the message is returned to the sender.
We may limit or deny access to our Email Hosting systems in the event that, in our sole judgement, such action is required to prevent damage to our or our third-party provider’s networks (including but not limited to software and stored date) or to ensure the integrity or security of the network.
Each package is allotted an aggregated storage capacity initially equal to the total storage capacity of all the mailboxes of that account.
We try to always ensure mailbox security and integrity of data. However, despite our efforts, problems may occasionally arise. Where a problem does arise with a specific mailbox, it is your responsibility to inform us of this via your account or by contacting our support team. We will use reasonable efforts to resolve the problem. However, we do not guarantee that we can restore any lost or corrupted data and we will have no liability for the loss or corruption of any data. It is your responsibility to ensure that you back up your data as necessary for you.
We provide anti-virus and anti-spam services for incoming email. This service can be enabled and configured via the account. While we do our best to remove all viruses and spam, we cannot guarantee that we will catch them all nor that no virus will reach your computer. We also cannot guarantee that non-spam messages will never be marked as spam.
All data created or stored by you within our applications and servers is your property.
We will allow access to such data only by our authorised personnel.
You will indemnify us and keep us indemnified against any claim, loss, or damage in respect of any web server content, email content or any other data contained within your server space or within applications on our servers.
If we identify a mailbox or Domain Name that is transmitting illegal, offensive, abusive, derogatory, defamatory, obscene, or infected content, or for the purposes of sending bulk or unsolicited emails, or being used contrary to our Acceptable Use Policy, or otherwise causing problems, we will either remove the offending mailboxes or change their settings to resolve the issue. In certain cases, we will, at our discretion, disable email or suspend all services to the domain as appropriate.
On termination for any reason, we will cease providing the services and your mailboxes will be deleted.
If the termination is during the minimum term, you will be liable to pay us the charges that would have arisen from the date of termination till the expiry of the minimum term.
Our total liability in relation to the Service whether, in respect of any breach of this Schedule, negligence, any act or omission on our part, whether intentional or otherwise, shall be limited to the total fees paid by you to us in the twelve (12) months preceding the event giving rise to liability for the Service.
We accept no responsibility for any delay, lack of connection, slow connection, loss of data, loss of usability, or any similar or related issues due to, but not limited to any of the following: (i) the active or passive negligence, of us, you or any third party; (ii) downtime due to scheduled or emergency maintenance; (iii) an upgrade, downgrade or alteration to the services; (iv) any hard failure (including issues caused by other users on the hardware); (v) your systems incompatibility with the services; or (vi) your error.
This agreement may be terminated at any time by The End User by giving Borrow A Geek written confirmation of the request to cancel. The written request to cancel does not release The End User from any contractual obligations that are in force at the time of the cancellation and will serve as notice not to renew the domain or hosting service for the next contractual period, usually 12 months (See Pricing - 2). An exception to this is dedicated servers which require 3 months notice of termination.
The termination request can only be accepted in writing (such as email or hardcopy letter) and must be from the authorised account holder (Applicant) and sent to support@borrowageek.com.
Borrow A Geek may cancel this agreement, suspend delegation of a domain name or cease providing hosting services on seven days written notice (electronic e-mail message being regarded as writing for this purpose) if:
The terms of this agreement have been broken by The End User.
The domain name is administered in a way likely to endanger operation of the Top Level Domain.
In the opinion of Borrow A Geek, the domain name is being used in a manner likely to cause confusion to internet users.
It has come to Borrow A Geek's attention that an earlier application for a domain name in the name of another party has been commenced by Borrow A Geek, or with another provider, there can be no redress of this situation as a "first-come-first-served" policy applies Internet wide. In this rare situation, Borrow A Geek will make a full refund to the unsuccessful applicant.
It has come to Borrow A Geek's attention that the domain name or hosting services are being used illegally.
The End User agrees that Borrow A Geek, at its sole discretion, may terminate The End User's password, account or use of the service, and remove and discard any content within the service if The End User violates any portion of these terms and conditions.
In the unlikely event of a dispute between Borrow A Geek and The End User, and if good sense and reasonableness is not evident, the contract between Borrow A Geek and The End User will be terminated by Borrow A Geek. If all outstanding payments have been made, the domain name will continue to be owned by The End User and there will be no refund provision.
Borrow A Geek will not be responsible for any incorrect or inaccurate Content uploaded to the Borrow A Geek website or in connection with any Hosting Services, whether caused by Users of the Hosting Service or by any of the equipment or programming associated with or utilised the Hosting Solution.
Borrow A Geek is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Hosting Services or combination thereof.
Borrow A Geek is not responsible for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorised access to, or alteration of any Content you upload through any Hosting Service.
The Borrow A Geek Website may contain links to other websites. Borrow A Geek is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Borrow A Geek.
Borrow A Geek is not responsible for the conduct, whether online or offline, of any User of any Hosting Service.
All conditions, terms, representations and warranties relating to the Hosting Service supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable under Irish law.
Borrow A Geek's total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of any Hosting Service shall be limited to the charges paid by you the client in respect of the services which are the subject of any such claim.
In any event no claim shall be brought unless you have notified Borrow A Geek of the claim within one month of it arising.
In no event shall Borrow A Geek be liable to you the client for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
