Terms of Service and Privacy Agreement

Article I: Trading Status and Governing Law

Bracken Host is the trading name of Martin Paul Moyse, hereinafter referred to as “The Provider”. Contact may be established via support@brackenhost.uk. By accessing, purchasing, or utilising any web hosting services, domain registrations, or associated digital products, you (the “Client”) agree to be bound by the terms and conditions set forth in this document. This agreement is governed by and construed in accordance with the laws of England and Wales. Both parties agree to submit to the exclusive jurisdiction of the courts of England and Wales regarding any dispute or claim arising from this agreement.

Article II: Description of Services and Fulfilment

Section 2.01: Service Provision. The Provider delivers high-performance web hosting solutions, cloud infrastructure, and domain registration services. All hosting services utilise 100% renewable energy sourced through strategic infrastructure partnerships.

Section 2.02: Delivery and Fulfilment. Services are digital in nature. Upon successful payment, hosting accounts are typically provisioned automatically and credentials delivered to the Client’s registered email address immediately. The Provider is not liable for delays resulting from third-party payment processing or manual security reviews.

Article III: Privacy, GDPR, and the Hero Code

The Provider acts as a Data Controller for account information and a Data Processor for hosted content under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

Section 3.01: Collection of Personal Data. We collect only essential information required for billing and service provisioning, including name, physical address, email address, and IP logs. We do not sell or lease this data to third parties.

Section 3.02: The Hero Code Verification. In the specific instance of the “Hero Code” discount application, the Client may be required to provide sensitive identification documents. The Provider maintains a strict privacy protocol: all such documents are used solely for manual verification of eligibility. Upon the issuance of a discount code, all associated ID files and scans are permanently and securely destroyed from our systems. No copies, archives, or digital footprints of these documents are retained.

Section 3.03: Cookies and Tracking. Bracken Host does not utilise tracking, advertising, or non-essential cookies. We only utilise strictly necessary session cookies required for the secure and efficient operation of our hosting infrastructure and administrative areas. Continued use of the site constitutes consent to these functional-only data points.

Article IV: Acceptable Use and Content Standards

While the Client maintains sole legal responsibility for the content, data, and applications hosted within their account, The Provider maintains a strictly enforced standard for the protection of our infrastructure and the public.

Section 4.01: Prohibited Material. The Client shall not host, link to, or transmit any material that falls into the following categories:

• Adult Content: Any form of pornography, sexually explicit imagery, or adult-oriented services.
• Incitement of Hatred: Content that encourages, promotes, or incites violence, racial or ethnic hatred, religious intolerance, or discrimination against any protected group.
• Illegal Activity: Unlicensed software distribution (Warez), copyright infringement, phishing pages, or any material that facilitates criminal acts.
• Network Abuse: The hosting of malware, botnets, DDoS “stressor” scripts, or any application designed to disrupt the services of others.
• Spam and Harassment: The transmission of Unsolicited Bulk Email (UBE) or the use of The Provider’s resources to stalk, threaten, or malign any individual or entity.

Article V: Intellectual Property Rights

Section 5.01: Provider IP. All branding, logos, graphics, and proprietary code provided by Bracken Host remain the exclusive intellectual property of the Provider. The Client is granted a non-exclusive, non-transferable licence to utilise these assets solely for the purpose of hosting their website during the term of their active subscription.

Section 5.02: Client IP. The Provider claims no ownership over the content uploaded by the Client. The Client warrants that they possess all necessary rights and permissions for the material hosted on their account.

Article VI: Payments, Refunds, and Arrears

Section 6.01: Billing Cycles. All services are provided on a pre-paid basis. The Client is responsible for ensuring that the payment method on file is valid and carries sufficient funds for renewal.

Section 6.02: Arrears and Suspension. In the event of a failed payment, a grace period of seven (7) days is provided for manual remediation. If an account remains unpaid for fourteen (14) days following the due date, The Provider will automatically suspend all services.

Section 6.03: Termination and Data Loss. Accounts that reach thirty (30) days in arrears will be subject to permanent termination. This process involves the total and irreversible deletion of all website files, databases, and email accounts.

Section 6.04: Refund Policy. In accordance with the Consumer Rights Act 2015, digital services are generally non-refundable once provisioning has commenced with the Client’s consent. Domain registrations are final and non-refundable immediately upon purchase.

Article VII: Charitable Contributions (Poppy Appeal)

Section 7.01: Commitment. Bracken Host proudly supports the annual Poppy Appeal, the primary fundraising campaign for The Royal British Legion (Registered Charity No. 219279).

Section 7.02: Donation Schedule. Donations from business profits will be made at the sole discretion of the Operator. However, a formal contribution to the Poppy Appeal will be made no less than once per calendar year (annually).

Section 7.03: Transparency. Specific details regarding the total amounts donated to the Poppy Appeal by Bracken Host are available to active Clients upon written request.

Article VIII: Reserved Rights of the Provider

Section 8.01: Refusal of Service. The Provider reserves the right to refuse, cancel, or suspend service to any individual or business at our sole discretion.

Section 8.02: Term Modification. We reserve the right to modify these terms of service at any time. Continued use of the service constitutes acceptance of updated terms.

Section 8.03: Resource Allocation. In a shared hosting environment, The Provider reserves the right to throttle or temporarily suspend any account that utilises excessive CPU, RAM, or I/O resources.

Article IX: Limitation of Liability

Section 9.01: No Warranty. Services are provided on an “as-is” and “as-available” basis. While we strive for 99.9% uptime, we make no warranties regarding the fitness of the service for a specific purpose.

Section 9.02: Backup Responsibility. The Client acknowledges that the primary responsibility for the regular backup of website data, databases, and emails rests solely with the Client.

Section 9.03: Indemnity. The Client agrees to indemnify and hold harmless The Provider against all claims, legal costs, and damages arising from the Client’s use of the service or any breach of this agreement.