Terms and Conditions
Last updated: July 7th 2020
Webdock Terms and Conditions
Webdock agrees to provide services to subscribers (you) subject to the following terms of service. Use of the Webdock service constitutes acceptance of our Terms and Conditions.
Webdock reserves the right to modify these Terms and Conditions at any time.
No bullshit guarantees
Where other hosting providers "guarantee" 99.9% uptime and the like, we here at Webdock would like to cut the bullshit. 0.1% downtime equals about 525 minutes per annum. That's almost 9 hours of downtime.
We here at Webdock believe that no downtime is acceptable. Downtime is however a part of life, and can be due to a variety of reasons. Namely hardware failure, network congestion or simply somebody fucked up somewhere.
That is why we would like to provide a slightly different take on the classic "no downtime" guarantee:
- We will do our best to provide 0% downtime within our sphere of control, i.e. our hardware and network infrastructure.
- We will do our best to inform you as soon as we are made aware of a problem
- We will inform you in a timely manner if we encounter any planned downtime scenarios
- If you have any unplanned downtime for a server in a given month, you can ask for a free month for that server
You can pro-actively design your infrastructure such that you have fallback servers if downtime is critical to your business. How to achieve this is beyond the scope of this document.
How we deal with downtime scenarios
Extremely rare: Catastrophic hardware failure
If a host server conks out, this is what will happen:
- Within 5-10 minutes an on-site engineer is made aware of the problem. The server will be flagged as down in your Webdock control panel, and you will receive a notification email.
- The engineer scoots down and either replaced the failed hardware component, or slides a new server into the rack. This takes anywhere between 10 and 45 minutes depending on complexity.
- If the hardware failure was a primary harddrive failure, our software team now takes over and reloads the server with last known images from our backup. This will be - at most - a 24 hour old backup. This process takes 60 minutes or less
- Once the server is up, you will receive another notification email.
- Affected server(s) will be free for that month if you request it, along with our apologies.
Estimated downtime: 20 to 120 minutes
More common: Network downtime
We have yet to have a catastrophic hardware failure other than our own in-house simulated emergency drills. Network downtime is more common however. The typical downtime scenarios are:
- Configuration or hardware issue in one of our datacenters
- 3rd party issue. e.g. someone unplugged a cable somewhere.
We have seen a wide range of (usually geographically localized) downtime for these scenarios, ranging from just a couple of minutes up to a couple of hours in one extreme case.
99 out of 100 times it is a 3rd party which is responsible and out of our control.
If we encounter such an issue, any affected servers will be flagged as down in your Webdock control panel and you will receive notification emails from Webdock informing you of the lay of the land.
Webdock no longer offers 3 months free for any newly provisioned server. People, it turns out, suck and take advantage of good things. However, we have decided to keep this policy alive for eligble business users (high-volume accounts). Please be in touch with Webdock support if you are interested in being able to provision free development servers in your account.
Webdock is designed for hosting websites and legitimate web applications. Any of the following activity can result in the immediate termination of your account, without a refund and the possibility that we will impose fees and/or pursue civil remedies without advance notice. We will not be complete assholes about it and will of course let you retrieve your data from our platform once we've kicked you out (unless law enforcement is involved and said data is considered evidence. In which case you may be denied access).
Misuse of resources. Intentional misuse of resources including CPU cycles, memory, network bandwith and disk I/O. Misuse of resources includes cryptocurrency mining, running Neural Nets or Neural Net training, running stress-test tools, running Minecraft and other game servers and other activities which put the server under sustained heavy load for long periods of time. This obviously excludes activities which Webdock is designed for, such as serving websites and other above-board activities, such as ingestion/synching data feeds, interacting with APIs, running maintenance/cron jobs etc .
If we detect misuse of resources, we will first inquire as to what the heck is going on and will probably recommend that you upgrade your Webdock server to a more beefy instance, if what you are doing is in fact legit.
SPAM sucks. We have zero tolerance towards SPAM and Unsolicited Bulk Email (UBE). 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 Webdock whether or not the message actually originated from our network.
Hacking. Attempting unauthorized and/or illegal access of computers, networks and/or accounts. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
Lawful purposes only please. Webdock and the services we provide may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of EU regulation or law, or by common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Webdock's services may not be used to facilitate infringement of these laws in any way.
Please don't mess with us or our users. Do not engage in illegal activities or engage in activities harmful to the operations of Webdock or our customers.
Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.
We are not Big Brother. Well, just a little at first. We do not routinely monitor or "spy" on our customers and what you are using your servers for. However, in the period immediately following your signup we will keep a close eye on your activity and what you are using your servers for. Once we've seen you are not using your server for anything which is in breach of these terms and have a level of trust in you, we will stop our monitoring of your activity, and will only react if your server starts exhibiting unusual behavior. Any usage that prompts the receipt of abuse complaints pertaining to violation of EU and/or international copyright law must be promptly discontinued to avoid service cancellation for violation of these terms.
Webdock, provides technical support to our subscribers via our Support Ticket system as well as limited phone support during designated times as stated on our support page. The following are our guidelines when providing support: Webdock provides support related to your Webdock virtual server physically functioning. Webdock does not offer technical support for application specific issues such as application configuration, cgi programming, web or mail server configuration (other than our base LAMP and LEMP stacks), or any other such issue. Webdock does not provide technical support to your customers. Please feel free to check our documentation or ask for help in our Slack channel.
Invoicing and Payment
You agree that Webdock shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by Webdock may be turned over to an outside collection agency for collection.
Subscriber is aware that Webdock may prospectively change the specified rates and charges from time to time.
Webdock is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Webdock. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Refunds are issued if customer does not retain any active service and they are specifically requested via our contact form.
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 EU 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 Webdock of any unauthorized use of your account or any other breach of security. Webdock 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 Webdock. You will not engage in any activity that interferes with or disrupts Webdock's services or networks connected to Webdock.
Account Cancellation or Suspension
Webdock reserves the right to suspend network access to any customer if, in the judgment of the Webdock 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 Webdock chooses. Webdock will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. Webdock 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 Webdock to cancel a customer's service without cause, Webdock will provide 30 days advance notice.
You may cancel the service at any time by using the "Delete Account" link located on the "Account" sub-page in the Webdock web interface. Accounts are canceled immediately after confirmation.
Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges, as accounts cannot be deleted untill you have deleted all servers in your account.
Upon cancellation of your service (deletion of a server or product) you will be refunded any unused time/credit directly to the credit card used for the original payment. The refund may in some cases incur a small cancellation fee solely in order to cover the proportionate Stripe transaction fees charged in connection with the refund.
If payment is severly past our due payment date your server(s) will be flagged for deletion. Webdock never lets an automated system auto-delete servers. Accounts are always reviewed by a human where we take many factors into account, such as how long you've been with us (your history) and track record in general. We will make best effort to reach out to you directly and make absolutely sure we do not delete your server by accident.
Webdock assigns Customers an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Webdock, and Customer shall have no right to use that Internet Protocol address except as permitted by Webdock in its sole discretion in connection with the Services, during the term of this Agreement. Our 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 Webdock and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Webdock shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Webdock. Subscriber further acknowledges that Webdock'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 Webdock be liable for any special or consequential damages, loss or injury. Webdock is not responsible for any damages your business may suffer. Webdock does not make implied or written warranties for any of our services. Webdock 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 Webdock.
Disclosure to Law Enforcement
The Terms and Conditions specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Webdock 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, Webdock shall have the right to terminate all service set forth in this Agreement. If we at any time disclose information to law enforcement, such events will be listed on our warrant canary page.
You agree that your use of Webdock shall be at your sole risk. All services provided by Webdock are available as is, without warranty.
Webdock wishes to emphasize that in agreeing to the Webdock Terms and Conditions, customer indemnifies Webdock for any violation of the Terms and Conditions that results in loss to Webdock or the bringing of any claim against Webdock by any third-party. This means that if Webdock is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Webdock, plus all costs and reasonable attorney's fees.
You agree that Webdock may provide you with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, or postings on Webdock services.
The Terms and Conditions (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Webdock and govern your use of Webdock services, superceding any prior agreements between you and Webdock for the use of Webdock services.
Choice of Law and Forum
The Terms and Conditions and the relationship between you and Webdock shall be governed by the laws of the European Union without regard to its conflict of law provisions. You and Webdock agree to submit to the personal and exclusive jurisdiction of the courts located within Denmark and the European Union.
Waiver and Severability of Terms
The failure of Webdock to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions 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 and Conditions 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 Webdock services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.