Terms and Conditions

Introduction

These Terms and Conditions (“Terms” or “Agreement”) constitute a legally binding contract between you (“you”, “your”, or “Customer”) and TROL LTD, trading as eWeball Web Hosting, a company incorporated in England and Wales under company number 07092956 (“eWeball”, “we”, “us”, or “our”).

By accessing or using our website, services, or any products supplied by us (collectively, the “Services”), you agree to be bound by these Terms. If you do not agree, you must immediately discontinue use of the Services.

1. Company Information and Contact

1.1 Company Name: TROL LTD, trading as eWeball Web Hosting

1.2 Registered Office: 4 Bradley Way, Peterborough, PE1 5FA, United Kingdom

1.3 Website: https://eweball.com/our-terms/

1.4 Email Contacts:

• (a) General Enquiries – info@eweball.com
• (b) Complaints – complaints@eweball.com

2. Acceptance of Terms

2.1 By accessing or using any Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms and by any additional product-specific terms, policies, or acceptable-use rules referenced herein or published on our Website.

2.2 If you enter into this Agreement on behalf of a company, partnership, or other legal entity, you represent and warrant that you are duly authorised to bind that entity to this Agreement.

2.3 Additional or product-specific terms shall prevail in the event of any inconsistency with these general Terms.

3. Account Registration and Responsibility

3.1 Registration: You must create an account to order or manage Services. You agree to provide true, current, and complete information and to update it as necessary to ensure continued accuracy.

3.2 Security: You are solely responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account. You must immediately notify us of any unauthorised use or security breach.

3.3 False or Misleading Information: Provision of false, misleading, or incomplete information may result in suspension or termination of your account without notice.

3.4 Account Suspension or Termination: We reserve the right to suspend, disable, or delete any account that, in our reasonable opinion, breaches these Terms, applicable law, or harms our reputation, operations, or security.

3.5 Liability: We shall not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

4. Orders and Formation of Contract

4.1 Order Process: Orders for Services may be placed through our Website once you have registered an account. Prior to submission, you will have the opportunity to review and correct any errors.

4.2 Payment Method: You must provide a valid payment method at the time of order. Payment methods accepted include credit or debit cards and other methods specified on the Website.

4.3 Contract Formation: A binding contract is formed when we issue an order confirmation email or commence provision of the Services, whichever occurs first.

4.4 Refusal or Limitation of Orders: We reserve the right to refuse, limit, or cancel any order for any lawful reason, including suspected fraud or abuse.

4.5 DNS Management and Hosting Expiration

4.5.1 DNS Service Provision: For domains utilising eWeball’s reseller nameservers (ns1.stackdns.com, ns2.stackdns.com, ns3.stackdns.com, and ns4.stackdns.com), DNS management is provided as a bundled service tied to an active, paid hosting subscription. eWeball facilitates the hosting of the “DNS Zone File,” which contains the routing instructions for your website and email.

4.5.2 Impact of Account Deactivation: If a hosting plan expires or is deactivated due to non-payment:

• The DNS Zone File on the nameservers above will stop responding.
• Email Services (Microsoft 365, Google Workspace, etc.): Even if your email is hosted externally, it relies on our nameservers to tell the internet where to send your mail. When hosting expires, these instructions vanish, and your email will stop working immediately.
• DNS Reversion to eWeball Defaults: Upon hosting expiration, the domain will automatically revert to eWeball’s standard default or “Parked” settings. This reset will intentionally exclude any previous custom records, such as those for Microsoft 365 or Google Workspace. Custom DNS records do not persist and are not “saved” once a hosting account is deactivated.

4.5.3 Customer Responsibility: To maintain email services after a hosting plan expires, Customers must migrate their DNS management to their Domain Registrar or a third-party DNS provider before the eWeball hosting expiration date.

4.5.4 Limitation of Liability: eWeball is not liable for bounced emails, lost business, or any service interruption caused by the automated deactivation of DNS records following the expiration of a hosting account.

4.6 Domains Registered with eWeball

4.6.1 Separation of Services: A Domain Registration (the ownership of the name) and Web Hosting (the space and DNS management) are separate services. Maintaining a domain registration with eWeball does not automatically guarantee that DNS records will remain active if the associated Hosting Service has expired.

4.6.2 DNS Defaults upon Hosting Expiration: For domains registered with eWeball that utilise our reseller nameservers (ns1.stackdns.com through ns4.stackdns.com), the following applies upon hosting deactivation:

• Suspension of Records: The active DNS Zone (including Microsoft 365/Google MX records) is deactivated.
• No Automatic Reversion: The domain will not automatically revert to “default” or “parking” settings unless the nameservers are manually reset.
• Email Interruption: Even though eWeball remains the registrar, your external email will stop working because the routing instructions are tied to the hosting account, not the domain ownership.

4.6.3 Maintaining Email without Hosting: If a Customer wishes to keep their domain registered with eWeball and maintain their Microsoft 365/external email without an active hosting plan, they must:

• Contact eWeball Support to transition to a DNS-Only or Domain Parking plan.
• Manually point the domain to the eWeball Default Nameservers (if available) and re-enter the required MX records.

4.6.4 Liability: eWeball shall not be responsible for email downtime for domains registered with us if the customer fails to maintain the hosting subscription required to power the DNS records.

4.7 DNS Management and Service Deactivation

4.7.1 DNS Service Provision: eWeball provides DNS management services via our designated authoritative reseller nameservers:

• ns1.stackdns.com
• ns2.stackdns.com
• ns3.stackdns.com
• ns4.stackdns.com

This service is provided as a bundled feature of an active, paid hosting subscription. These nameservers host the “DNS Zone File,” which contains the routing instructions for your website (A records) and third-party email services (MX/TXT records).

4.7.2 The Right to Revert to Default Settings: Upon the expiration, non-payment, or deactivation of a hosting plan, eWeball reserves the absolute legal and technical right to:

• Deactivate the custom DNS Zone File.
• Reset the DNS to eWeball’s original default settings or “Parked” status.
• Remove any custom third-party records (for example, Microsoft 365, Google Workspace, or custom MX/SPF records) that were associated with the hosting account.

4.7.3 Impact on Third-Party Services (Email): Customers acknowledge that external services, such as Microsoft 365 or Google Workspace, rely entirely on the active broadcast of DNS records from eWeball’s nameservers.

• When hosting expires, the directions to these email providers are removed.
• Incoming emails will bounce and return to sender as undeliverable.
• eWeball is not obligated to maintain these records for unpaid or expired accounts.

4.7.5 Limitation of Liability: eWeball shall not be held liable for any:

• Loss of incoming email or data.
• Bounced communications.
• Business interruption or loss of revenue.
• Third-party service failures.

This applies to all deactivations resulting from the Customer’s failure to renew hosting services or migrate their DNS management to an alternative provider prior to the expiration date.

4.7.6 Customer Responsibility: It is the Customer’s sole responsibility to ensure that if they wish to keep a domain registered with eWeball but cancel the hosting, they must manually update their nameservers or transition to a DNS-Only plan to prevent service interruption.

5. Pricing, Billing, and Payment

5.1 Fees: You shall pay all fees in accordance with the prices and billing terms effective at the time payment is due. Prices may be changed at any time, but changes will not affect prepaid periods.

5.2 Auto-Renewal: Many Services renew automatically for successive terms (monthly or annually) unless auto-renewal is disabled or the Service is cancelled prior to the renewal date.

5.3 Renewal Notices: Renewal reminders are issued approximately thirty (30) and seven (7) days prior to renewal or expiry. It remains your responsibility to ensure timely renewal and payment.

5.4 Domain Renewals: Domain registrations must be renewed prior to expiry to prevent loss of registration. See Section 9 for domain-specific timelines and procedures.

5.5 Hosting Renewals: Hosting and other periodic Services must also be renewed before their due date.

5.6 Failed or Disputed Payments: In the event of payment failure, chargeback, or dispute, we may suspend or cancel affected Services without notice and recover any associated costs or administrative fees.

5.7 Taxes: All fees are exclusive of VAT and other applicable taxes unless stated otherwise. You are responsible for the payment of all taxes associated with your use of the Services.

6. Auto-Renewal, Non-Renewal, and Consequences of Non-Payment

6.1 Turning Off Auto-Renewal: You may disable auto-renewal at any time via your control panel or by submitting a cancellation request before the renewal or expiry date.

6.2 No Action Taken: If you neither cancel nor disable auto-renewal, we may attempt to renew automatically using the stored payment method. If renewal fails due to insufficient funds or invalid details, we may restrict access to your account until the overdue item is resolved.

6.3 Failure to Renew – Expiry and Deletion: If any domain or web-hosting Service is not renewed by its due date:

• The domain name will expire and may enter a grace or redemption period as governed by the relevant registry.
• The associated web-hosting account, including all website files, databases, emails, and configurations, will be suspended and permanently deleted from our servers following expiry.
• Once deleted, data cannot be recovered, and we accept no liability for any loss of content, functionality, or revenue resulting from your failure to renew on time.

You are solely responsible for ensuring timely renewal of all Services to prevent disruption or loss.

6.5 DNS Reversion and Third-Party Services: Upon the deactivation, suspension, or expiration of a hosting plan due to non-payment or cancellation, eWeball reserves the right to reset the domain’s DNS records to our original default settings. This automated process will remove any custom DNS records, including but not limited to MX and TXT records for Microsoft 365, Google Workspace, or other third-party integrations. eWeball is not liable for the resulting interruption of these external services or any bounced emails.

7. Service Availability and Maintenance

7.1 Uptime Commitment: We target 99% monthly uptime for hosting Services. This excludes scheduled maintenance, customer-caused outages, events outside our reasonable control, or third-party failures.

7.2 Maintenance: We may conduct scheduled or emergency maintenance as necessary and will use reasonable endeavours to provide advance notice where practicable.

7.3 No Absolute Guarantee: We do not warrant uninterrupted, error-free, or continuous operation of the Services.

8. Third-Party Services and Integrations

8.1 The Services may integrate with or rely upon third-party providers. Your use of any third-party service is subject solely to that provider’s terms and policies.

8.2 We are not liable for any act, omission, or default of any third-party provider.

8.3 You authorise us to share necessary data with third-party providers to facilitate integrations or provisioning of Services.

9. Domain Name Registration, Renewal, and Expiry

9.1 General: Domain registrations are governed by the applicable registry (for example, ICANN or Nominet) and our registrar partners’ rules. You must maintain accurate registrant and contact information.

9.2 Expiry Timeline (Illustrative)

9.3 Non-Renewal and Deletion: Failure to renew a domain name prior to its expiry or redemption deadline will result in permanent loss of the domain. Associated hosting and email services may be suspended and permanently deleted without notice. The domain’s DNS will be reset to eWeball’s default settings or placed in “Parked” status.

9.4 No Guarantee of Recovery: Once a domain has entered redemption or pending-delete status, we cannot guarantee successful restoration.

9.5 DNS Management and Service Deactivation

9.5.1 DNS Service Infrastructure: eWeball provides DNS management via our authoritative reseller nameservers (ns1.stackdns.com, ns2.stackdns.com, ns3.stackdns.com, and ns4.stackdns.com). This service is a bundled feature provided exclusively for active, paid hosting accounts.

9.5.2 Right to Reset to Default Settings: Upon the expiration, non-payment, or cancellation of a hosting plan, eWeball reserves the absolute legal and technical right to deactivate the custom DNS Zone File and reset the domain’s DNS to our “Standard Default” or “Parked” settings.

9.5.3 Impact on Third-Party Services (Microsoft 365 / Google Workspace): Customers acknowledge that external services, such as Microsoft 365, rely on the active broadcast of MX/TXT records from our nameservers. Resetting DNS to defaults will remove these records and cause immediate service failure and bounced emails. eWeball is not liable for any data loss or business interruption resulting from this automated reset.

9.5.4 Separation of Domain and Hosting: For domains registered with eWeball, paying a domain renewal fee does not maintain DNS records if the associated hosting service is expired. It is the Customer’s responsibility to maintain an active hosting or DNS-only plan to keep third-party email services active.

10. Acceptable Use

10.1 You must not use the Services for any unlawful, abusive, or fraudulent purpose or in a manner that interferes with the rights or operations of others.

10.2 Prohibited activities include, without limitation:

• Distribution of malware or malicious code.
• Hosting or dissemination of illegal, defamatory, obscene, or infringing material.
• Unauthorised access to systems or data.
• Sending unsolicited bulk messages (spam).
• Violating any applicable law or regulation.

10.3 Breach of this clause may result in immediate suspension or termination without refund.

11. Hosting Service Usage Limits

11.1 Bandwidth: Each hosting plan includes a defined monthly bandwidth allowance. Exceeding this limit may result in temporary suspension or the requirement to upgrade your plan.

11.2 CPU Usage: Shared-hosting accounts may use up to 10% of a server’s CPU capacity unless otherwise agreed. Excessive use may result in suspension or migration to a higher-capacity service.

11.3 Mailboxes: Unused mailboxes may be removed after one hundred (100) consecutive days of inactivity.

11.4 All DNS management is provided via our authoritative nameservers: ns1.stackdns.com, ns2.stackdns.com, ns3.stackdns.com, and ns4.stackdns.com.

11.5 DNS Reversion and Third-Party Services: Upon the deactivation, suspension, or expiration of a hosting plan, eWeball reserves the absolute right to reset the domain’s DNS records to our original default settings. This automated process will remove any custom DNS entries, including but not limited to MX, TXT, and CNAME records for Microsoft 365, Google Workspace, or other third-party integrations. eWeball accepts no liability for the resulting interruption of these external services, bounced emails, or business loss.

12. Intellectual Property

12.1 All intellectual-property rights in the Website, Services, and associated materials, including trademarks, service marks, graphics, text, and code, remain the property of eWeball or its licensors.

12.2 No licence or right is granted except as expressly set out herein. You must not reproduce, modify, or distribute our intellectual property without prior written consent.

13. Accuracy of Information

13.1 While we endeavour to ensure that information on our Website and within our Services is accurate, we do not guarantee that such information is free from error.

13.2 We may correct any typographical, clerical, or other errors and cancel any orders affected by such errors.

14. Data Protection and Privacy (UK & EU GDPR Compliance)

14.1 Data Controller: For the purposes of the UK General Data Protection Regulation (“UK GDPR”) and the EU GDPR, TROL LTD (trading as eWeball Web Hosting) acts as the data controller for personal data collected through the Website and during provision of the Services.

14.2 Lawful Basis: Personal data are processed under Article 6 of the GDPR on one or more lawful bases, including contract performance, legal obligation, legitimate interest, and consent where applicable.

14.3 Processing Purposes: We process personal data for account creation, order fulfilment, billing, support, fraud prevention, and regulatory compliance.

14.4 Data Transfers: Where data are transferred outside the UK or EEA, we shall ensure adequate safeguards are in place under Articles 44–49 of the GDPR, including the use of Standard Contractual Clauses or adequacy decisions.

14.5 Data Subject Rights: You have the rights of access, rectification, erasure, restriction, portability, and objection, as set out in Articles 15–21 GDPR. Requests must be submitted in writing to info@eweball.com.

14.6 Retention: Personal data shall be retained only for as long as necessary to fulfil contractual, legal, or regulatory obligations. Upon termination of Services, data are deleted or anonymised unless retention is required by law.

14.7 Security: We implement appropriate technical and organisational measures to protect personal data against unauthorised or unlawful processing, loss, or destruction.

14.8 Cookies and Tracking: Use of cookies and analytics tools is disclosed on our Website and subject to your consent in accordance with applicable law.

15. Security and Backups

15.1 You are solely responsible for maintaining appropriate and up-to-date backups of all content, databases, and data stored within your hosting account.

15.2 While we may operate internal backup systems for disaster-recovery purposes, such backups are not guaranteed to be available or complete. We accept no liability for loss or corruption of data.

16. IP Addresses

16.1 Any Internet Protocol (IP) address assigned to you as part of the Services remains our property and is licensed for your limited use during the term of the Service.

16.2 IP addresses are non-transferable and non-portable. Upon suspension, cancellation, or termination of the Services, your right to use any allocated IP address shall cease immediately.

16.3 We reserve the right to modify or reassign IP addresses as required for operational or regulatory reasons.

17. Refunds and Cancellations

17.1 Cooling-Off Rights (Consumers Only): Where applicable under UK or EU law, you may have a statutory right to cancel within fourteen (14) days from the date of contract formation. This right may be lost once (a) the Service has commenced with your explicit consent, or (b) the Service is of a type excluded from such rights, such as domain registrations once submitted to the registry.

17.2 Refund Eligibility

17.3 Non-Refundable Services: Non-refundable items include, but are not limited to: web hosting, domain registrations, domain transfers, premium domains, redemption fees, SSL certificates once issued, and any third-party services already provisioned.

17.4 Renewals: Once a Service has been renewed, automatically or manually, and activated, no refund shall be issued except where required by mandatory consumer law.

17.5 Chargebacks and Payment Disputes: You agree to contact our billing team at info@eweball.com or info@trodomains.com to resolve any queries or refund requests before contacting your bank. Initiating a chargeback or payment dispute without first attempting to resolve the matter with us may be treated as a material breach of contract.

17.5.1 Immediate Impact on Services

A chargeback or dispute results in the immediate reversal of funds by the card issuer. In such events, the associated services, including but not limited to domain registration, web hosting, and email, are considered “Unpaid.” Consequently:

• Service Suspension: We reserve the right to immediately suspend all active services. To protect our server resources, website files and domain records may be removed from active systems and placed into a “pending deletion” or “expired” state for the duration of the dispute.
• Administrative Fees: We reserve the right to charge an administrative fee of up to £50.00 to cover the costs of managing the dispute and any third-party fees levied against us by the payment processor.

17.5.2 Resolution and Data Removal

• Outcome in Our Favour: If the bank denies the dispute, services will remain suspended until all outstanding balances, including renewal fees and administrative charges, are settled in full.
• Outcome in Your Favour: If the bank upholds the dispute, the services will be considered formally cancelled. Any associated data, web files, or domain records will be permanently deleted from our systems as the services will have reached a final expired status with no cleared funds for renewal.

18. Links to Third-Party Websites

18.1 The Website may contain links to third-party sites. Such links are provided solely for your convenience and do not constitute an endorsement by us.

18.2 We have no control over and assume no responsibility for the content, policies, or practices of any third-party websites.

18.3 Access to such sites is at your own risk, and you should review their respective terms and privacy policies.

19. Warranties and Disclaimers

19.1 No Warranty: The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all express or implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

19.2 Service Limitations: We do not warrant that the Services will be uninterrupted, error-free, or secure, nor that any defects will be corrected. Any data downloaded or obtained through the use of the Services is done at your own risk.

20. Limitation of Liability

20.1 Exclusion of Indirect Damages: To the fullest extent permitted by law, we, our directors, officers, employees, and agents shall not be liable for any indirect, consequential, incidental, punitive, or exemplary damages, including loss of profit, data, or goodwill.

20.2 Cap on Liability: Our total aggregate liability in respect of any claim arising out of or relating to the Services shall not exceed the greater of:

• (a) the total amount paid by you to us for the affected Service during the one (1) month preceding the event giving rise to the claim; or
• (b) £1 (one pound sterling).

20.3 Consumer Rights: Nothing in these Terms shall exclude or limit any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

21. Indemnification

You agree to indemnify, defend, and hold harmless TROL LTD, its affiliates, directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, costs, and expenses, including reasonable legal fees, arising from:

• (a) your content or use of the Services;
• (b) your breach of these Terms;
• (c) your violation of any applicable law or regulation; or
• (d) your wilful misconduct or negligence.

22. Suspension and Termination

22.1 We may suspend or terminate any Service or your entire account immediately and without notice if you:

• (a) breach these Terms or any applicable law;
• (b) fail to make timely payment;
• (c) engage in behaviour that, in our reasonable opinion, damages our reputation or interferes with the integrity of our systems; or
• (d) if suspension or termination is required by law, court order, or regulatory authority.

22.2 Upon termination, your right to use the Services ceases immediately. We may delete your data, content, or configurations from our systems, subject to applicable legal retention obligations.

22.3 Termination does not relieve you of any accrued payment obligations or liabilities existing as of the effective termination date.

23. Force Majeure

We shall not be liable for any delay or failure to perform any obligation under this Agreement due to circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, pandemics, strikes, power or network failures, government action, or third-party service outages.

24. Changes to These Terms

24.1 We may modify these Terms or any related policies at any time. Revised Terms will be posted on the Website and will take effect upon posting unless otherwise stated.

24.2 Material changes will be notified via email or prominent notice on the Website. Continued use of the Services after such changes constitutes acceptance.

25. Governing Law and Jurisdiction

25.1 Governing Law: These Terms, and any dispute or claim arising out of or in connection with them, including non-contractual matters, shall be governed by and construed in accordance with the laws of England and Wales.

25.2 Jurisdiction: The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising under these Terms. Consumers residing within the UK or EU may bring claims in their local courts where mandatory consumer laws provide otherwise.

25.3 International Users: Where Services are provided globally, users outside the UK and EU acknowledge that this Agreement is governed exclusively by English law, and that data transfers are conducted in compliance with the GDPR and applicable data-transfer mechanisms.

26. Assignment

26.1 You may not assign, transfer, or delegate any rights or obligations under this Agreement without our prior written consent. Any attempted assignment shall be void.

26.2 We may assign or transfer our rights and obligations, in whole or in part, to a third party, including in connection with any merger, acquisition, or sale of business assets.

27. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect.

28. Notices

28.1 Notices from us to you shall be delivered via the email address registered to your account or via announcements within your control panel.

28.2 Legal notices to us must be sent to our registered office and copied to info@eweball.com.

29. Complaints and Dispute Resolution

29.1 We aim to handle all complaints promptly, fairly, and transparently. You may submit a complaint via complaints@eweball.com including your account details, service reference, and a clear description of the issue.

29.2 We will acknowledge receipt within a reasonable period and endeavour to resolve the issue amicably.

29.3 If you are a consumer residing in the EU, you may be entitled to use the EU’s Online Dispute Resolution (ODR) platform accessible at https://ec.europa.eu/consumers/odr.

Appendix A – Service-Specific Information

A1. Domain Expiration Timeline (Summary)

A2. Nameservers

• ns1.stackdns.com
• ns2.stackdns.com
• ns3.stackdns.com
• ns4.stackdns.com

A3. Creating Email Accounts (Overview)

1. Log in to your eWeball account.
2. Navigate to Manage Hosting → Select Hosting Package.
3. Click Email Accounts → Create New Mailbox.
4. A password will be auto-assigned; change it immediately after creation.
5. Access webmail at https://mail.eweball.com/.

A4. Data Retention and Deletion Policy (GDPR Article 5 Compliance)

• Account Data: Retained for up to 12 months after termination for legal and accounting purposes, then securely deleted.
• Hosting Data: Permanently deleted within 7 days following non-renewal or cancellation.
• Domain Registration Data: Retained for the duration of registration and for up to 2 years post-expiry, as required by registry rules.
• Backup Data: Automatically purged during the next scheduled backup cycle after account deletion.