WEB HOSTING AVAILABILITY
1. Every good faith effort shall be made to ensure that Web Hosting is available as widely as possible and with as little Service interruption as possible. However, You acknowledge that the internet is neither owned nor controlled by any one entity; therefore, We make no guarantee that any given reader shall be able to access Web Hosting at any given time.
TERM
2. You agree to purchase Web Hosting for a minimum term of twelve months in duration. Web Hosting shall only be provided for terms in multiples of twelve months, beginning at the time when the Web Hosting is initially set up.
RENEWAL
3. At the end of each Web Hosting term, the Web Hosting shall automatically be cancelled unless renewal has been requested by You in writing and the correct payment received by Us and cleared before the end of the term.
RENEWAL REMINDERS
4. Although We shall endeavour to inform You of the pending renewal of Your Web Hosting, the responsibility is ultimately solely Yours and We shall not be liable for any loss incurred by You and arising as a result of Your failure to renew Your Web Hosting.
5. You agree to provide and upload Your own material and data in a condition that is "Server-ready", which is in a form requiring no additional manipulation on Our part. We shall make no effort to validate this information for content, correctness, usability or otherwise. In the event that Your material and data is not "Server-ready" We may at any time reject it, including but not limited to after it has been put on the Server. We agree to notify You as soon as possible of Our rejection and afford You the opportunity to amend or modify it to satisfy Our needs and requirements. If You fail to modify it, as directed by Us forthwith, the Web Hosting shall be terminated without refund, compensation or liability on Our part.
6. You understand that use of Web Hosting requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of Your Web Hosting space by You. For example, web publishing requires knowledge of web design, HTML, FTPing webspace contents, locating and linking documents, graphics, client-side and server-side code, etc. Another example would be that CGI scripts require knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. You agree that You have the necessary knowledge to create and/or edit Your webspace and that it is not Our responsibility to provide such knowledge or customer support outside of Our defined Services.
7. We shall exercise no control whatsoever over the content of the information passing through the network.
8. You agree to make use of Our Web Hosting primarily for the purpose of hosting a Web Site (or Web Page) and associated E-mail functions. Data uploaded must be primarily for this purpose. Our Web Hosting shall not be used as a data backup or archiving Service. We reserve the right to negotiate additional charges with You and/or the discontinuation of the backups/ archives/ Web Hosting at Our discretion. If You exceed Your allocated transfer bandwidth for a month, You shall be billed at the price that we pay plus a markup that usually does not exceed 15% plus time spent to administrate the excess use charged at our Hourly Rate.
9. Servers are shared with other customers, and as such IRC-related activities or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them not to close properly after being run, etc.) are not encouraged. All applications that listen for inbound network connections (even if the application would otherwise be allowed) are prohibited. BitTorrent clients, proxy servers/scripts, IRC bots and bouncers (BNC) specifically may not be run using Web Hosting provided by Us. You agree not to perform any action which shall result in the reduced performance of the Server to the detriment of other users of the Server including any use of bandwidth in excess of the bandwidth allocated to You. If Your processes are adversely affecting Server performance disproportionately We reserve the right to negotiate additional charges with You and/or to discontinue the offending processes.
10. You agree not to engage in activities pertaining to Black Hat SEO, Spamdexing and so-called "Scraper Sites". These can have a severely detrimental effect on Server performance and are not permitted.
11. We reserve the right to terminate Web Hosting without cause by giving You 14 days' notice either written or by E-mail. Notwithstanding if You fail to comply with the Web Hosting Terms & Conditions, We reserve the right to terminate all Services provided to You at any time without refund. We reserve the right to charge a reinstatement fee.
INTERNET ETIQUETTE & OTHER RULES
12. Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources provided for Web Hosting may not be used to impersonate another person or misrepresent authorisation to act on behalf of Us, Our Web Hosting providers or others. All messages transmitted via Web Hosting provided by Us should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.
13. Neither You nor users of Your web Services shall attempt to undermine the security or integrity of computing systems or networks, or attempt to gain unauthorised access. This includes but is not limited to such things as port scanning of Our computers, Our Web Hosting providers' computers or external computers and "denial of service" attacks of any kind.
14. You warrant that You have the right to use all material and data placed on the Server via Your Web Hosting plan and You agree that You shall not use, store, display or distribute any material or data which infringes on any patent, trademark, copyright, design right, trade secret, intellectual property, proprietary right or any other right of any third party. You agree that for all material and data placed on the Server via Your Web Hosting plan, You own all the applicable rights or that You have the written permission of the owner(s) prior to placing any of the data or material on the said Server. You shall accept full liability and indemnify Us fully for all disputes arising as a result of failure to comply with this condition by You and users of Service(s) provided by Us to You.
15. You agree to abide by Our Anti-Spam Policy.
ABUSE
16. Web Hosting provided by Us shall not be used to:
- defame, abuse, harass, stalk, threaten or in any way violate the legal rights of others (including but not limited to their privacy and publicity rights),
- post, store, upload, transmit, send, distribute or link to material which is illegal, unlawful, inappropriate, threatening, abusive, profane, malicious, racist, blasphemous, obscene, libellous, offensive, defamatory, discriminatory, otherwise in violation of the Terms & Conditions or in Our sole opinion contrary to public decency or morality,
- post, store, upload, transmit, send, distribute or link to illegal pornography including but not limited to child pornography or pornography involving minors, violence or sexual abuse,
- send spam in any form,
- send unsolicited E-mail or unsolicited information,
- undertake pyramid schemes,
- commit fraud, phishing or pump and dump schemes,
- commit or involve in any scams including but not limited to advance fee scams (aka 419 scams), escrow/ shipping scams, false storefront scams or employment scams,
- impersonate others, or falsify Your identity in any manner,
- undertake automated or fraudulent sign ups or memberships,
- alter or falsify the origin or source of data sent,
- alter or falsify the origin or source of data belonging to others,
- engage in or attempt any illegal or immoral computer intrusion, cracking, hacking, intrusion, denial of service attack or distributed denial of service attack,
- upload, store, spread, distribute, promote or link to any spyware, keylogger, adware, malware, virus, worm, defect, Trojan horse or any item of a hostile or destructive nature,
- encourage or provide instructional information about illegal activities,
- promote illegal or immoral activities including but not limited to those mentioned in this clause, or
- claim that any Web Site(s), Web Site(s') content, Web Page(s) or activities are endorsed by Us.
LAWFUL PURPOSE
17. You agree to use Web Hosting provided by Us only for lawful purposes. Transmission of any material in violation of any Country, Federal, State or Local law or regulation is strictly prohibited.
18. You agree not to use Web Hosting provided by Us to advocate, promote, sell or in any way make available any tool or method to send unsolicited E-mail or Usenet postings (spam), or to use Web Hosting for relaying unsolicited E-mail or Usenet postings. You agree not to make or use unsolicited E-mail or Usenet postings to advertise for any Web Site or Web Page which is hosted by Us or for which we hold the Domain Name.
19. We and Our elected Web Hosting providers reserve the right to monitor for unauthorised or unsuitable material stored using the Web Hosting Services and to remove such material at Our sole discretion and to notify the authorities, if We believe that any illegal activity is taking place, and You can not prove otherwise and cease such activity.
20. Any complaint We receive about a violation of the previous twelve terms shall be taken very seriously and shall result in immediate termination of all Services and account cancellation without refund.
DATA BACKUP
21. You shall be solely responsible for regularly making backup copies of data stored using Your Web Hosting, and storing the backup copies safely.
INSURANCE COVER
22. You shall be solely responsible for purchasing and maintaining adequate insurance cover in respect of any loss, theft of, or damage to, data stored using Our Web Hosting Service. We shall not be liable in such circumstances.
DEDICATED SERVER STIPULATIONS
23. Bandwidth pricing and measurement frequency is subject to change at Our discretion. Those affected by such changes shall be notified no less than fourteen days in advance by Us.
24. We are under no obligation to compensate You for downtime, whether the downtime is caused by You, Us, or upstream Web Hosting providers.
25. You agree that Dedicated Server payments are non-refundable. For example, if You submit payment for twelve months of Service, Service shall be provided for twelve months and shall not be refunded if You choose to discontinue Service mid-way through the term.
26. Hardware upgrades to an existing 'platform' (platform is defined as a motherboard/chassis combination) shall be performed by Us and/or Our elected Web Hosting providers and shall incur an additional one-time labour fee of £100 as well as an increase to the standard monthly fee for this Service.
27. We reserve the right to alter the Dedicated Server packages advertised on This Website at Our discretion and We are not required to upgrade Your hardware or bandwidth allocation as a result of a pricing or Service package change. There shall be an additional charge of £200 associated for any such hardware upgrade requested by You. You shall not be required to upgrade hardware as a result of a pricing change.
28. For managed Servers using a "DreamCatcher" monitoring option, Our elected Web Hosting providers are responsible for the security of the network, the kernel, and the base operating system (defined as the standard set of debian packages that come installed with the Server). Our elected Web Hosting providers may take any steps deemed necessary at any time to protect the security of Your Server (this generally includes applying security patches as well upgrading the entire operating system). We are not liable for any losses resulting from use of, or unavailability of, Dedicated Server packages.
29. For unmanaged Servers not using a "DreamCatcher" monitoring option, You are responsible for keeping the security of Your system up to date. This includes, but is not limited to, the following two requirements:
A. the kernel shall be patched within 7 days of any announced security hole relating to the kernel, and
B. all security patches for all installed software must be applied within 7 days of their general announcement to the security community at large.
30. Neither We nor Our elected Web Hosting providers are responsible for notifying users of unmanaged Servers of the need to apply patches. Failure to comply with these requirements is grounds for termination of Web Hosting without refund. We and/or Our elected Web Hosting providers also reserve the right to take any action upon unmanaged dedicated Servers which We and/or they deem necessary at any time to protect the security and integrity of the applicable network.
31. Our General Terms & Conditions also apply regardless of which Services You have Ordered from Us. The full list of Terms & Conditions is located at the Terms & Conditions page of Our Website.