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T.O.S

Web Hosting -- Terms of Service

(Sigh... This is really unpleasant, writing the Terms of Service... What I really want to say is that we value our clients, and we will make every effort to keep you happy and satisfied. We have had many, many clients praise our services over the years. Unfortunately, we have also had a few dozen spammers, scammers and hackers who tried to abuse our service. If these Terms of Service seem to be written in an unfriendly way, they are not aimed at our thousands of good clients. We just need to clarify that we have the right to get rid of the few bad users. I am really a friendly and helpful person. Anyway... back to being formal...)

Parties

Where the context permits: "We", "Us", and "Our" include any party acting on our instructions. "You" includes the person purchasing or using the services or any party acting on your behalf or on your instructions. "Server" means the computer server equipment operated by us in connection with the provision of the Services. "Website" means the area on the Server allocated by us to you for use by you as a site on the internet. These Terms and Conditions are deemed to be incorporated in any contract or other agreement between You and Us.

Interpretation

This document is to be construed using modern English as spoken in England. Technical terms are to be construed in accordance with their normal usage at the time of writing. Examples are used in this document for ease of understanding, and do not imply the limitation of more general terms.

Construction

This document is to be construed as a whole, and may serve as a reference if the sense of any clause or sentence needs to be elucidated.

General Terms

You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.

You shall observe the procedures which we may from time to time prescribe and shall make no use of the Servers which is detrimental to our other customers.

You shall ensure that all email is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

You shall ensure that all web applications and scripts that you run on our servers and that send email are adequately protected from malicious abuse, both from website visitors, remote submission, and automated spam programs.

Our Forum Attachments are to be exclusively used for normal Forum purposes. You will not host other files, web pages, applications, programs, or scripts on the Community Forum.

You warrant that you will not permit or allow the Services to be used by anyone under the age of 18 years. Furthermore, in the case of an individual User, you warrant that you are yourself at least 18 years of age.

While we will use every reasonable endeavor to ensure the integrity and security of the Servers, we do not guarantee that the Servers will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

If an account has a suspended status, access to files, databases, emails, and other content is explicitly denied. All files, databases, emails, and other content including the account itself is permanently deleted after 14 days of account suspension.

We reserve the right to suspend or cancel a user's access to any or all services, where we believe that the account has been inappropriately used. We reserve the right to refuse service and/or access to our network to anyone without explanation.

Lawful and appropriate use

We provide World Wide Web website hosting and allied services. We have the right to suspend or cancel a customer's access to any or all services, if we have reason to suspect that the account has been illegally or inappropriately used.

You represent, undertake and warrant that you will use the Hosting Services allocated to you only for lawful purposes. You will not use the Servers in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.

Prohibited Material and Prohibited Uses. You will not upload, post, link to or transmit:

* Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane, anti-social or otherwise offensive or objectionable in any way.
* Any material containing a virus or other hostile computer program.
* Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may exist under the laws of any jurisdiction.
* Any file to which you do not own the copyright, including but not limited to; music files, mp3's, video files, movies, games (including modifications, patches, and add-ons), and any other software, freeware or shareware. (For the avoidance of doubt, you may upload and offer for download, small samples of source code for software that you have written or created yourself, and where you stand ready to prove that you own the copyright, and that is the sole extent of any digital files that you may offer for download. For the further avoidance of doubt, you may not host or offer for download freeware or any other publicly available material, because this would be likely to consume an unreasonable amount of the system's resources.)
* Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.
* Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to our discretion.
* Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide 'links to' or 'how to' information about such material.
* Scandalous Material. We don't allow any company or individual to publish such kind of website as "wikileaks" at our servers.

We reserve the right to delete any file on our network without prior notice to the user where we believe that said file is not permitted under these Terms and Conditions.

Acceptable Use Policy and Definition of "Unlimited" and "Excessive"

Where we offer "unlimited" disk space and/or bandwidth, this does does mean infinite. It means that there is no predefined or set limit, and that enough resources are made available to the user for any normal, reasonable, and typical use of their website. Where we prohibit "excessive" use of resources, this means such unreasonable, unfair or abnormal use of the system by any one user, such our service to other users would be likely to be impaired or degraded.

We offer unlimited disk space and bandwidth. By this, we mean disk space for legitimate website content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. Websites should not contain any backups, or other non-web based content. We will treat all password protected archives (e.g. zip and rar) files as unacceptable. Non web files including exe, mp3, avi, wmf, etc., are not permitted on our servers.

Please be aware that we gradually release disk space. After your website reaches 3 GB in size for example, we will wish to check that your site conforms to our TOS before releasing the next quota of disk space. This check is free. Just post in the forum support section to say that you are close to your disk quota, and wish to have more released. We similarly upgrade bandwidth.

For the avoidance of doubt, file sharing is forbidden. If you want to share files, do not store them on our high-performance disk space. Store the files somewhere like Dropbox, and have your website just link to the files there.

For the avoidance of doubt, file storage is forbidden. If you want to store your files in the cloud, use somewhere like Dropbox.

For the avoidance of doubt, remote uploading/processing scripts like rapidleech, Phpmusicsearch, or rapidshare premium link generator are not allowed on our server. Torrent seeding using torrentflux or similar scripts may also cause a suspension in our services. Hosting services such as chatrooms or IRC bots is also forbidden.  Media streaming and image hosting are also prohibited.

Scripts and web applications on the website must be designed to produce web-based content, and not to use the server as an application server. Scripts and web applications should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed. Scripts and web applications that are designed to provide proxy services, anonymous or otherwise, are not allowed.

Scripts, programs and web applications that use excessive resources such as memory or CPU are not permitted on our servers.

The primary purpose of any website must be to provide web-based content to viewers. The primary purpose of any script or web application must be to produce a web page. Scripts and web applications that send a single email based upon user entered information, or update a database are acceptable. Scripts and web applications that send bulk email or perform processor intensive database processes are not allowed.

Database services are for the exclusive purpose of storing the data of websites hosted on our network and can not be used to store non-website data.

Websites must not contain Warez, copyrighted or other illegal material. You acknowledge that the onus is on you to prove that you own the rights to keep or publish material, and not for us to prove that you do not.

Websites must not contain pornographic or other lewd or adult material. Adult Material includes all pornography, erotic images, or otherwise lewd or obscene content, which are all prohibited.

Websites must not contain scripts and web applications that attempt to access privileged server resources, or other sites on the same server.

Limitations in a Shared Hosting environment

You acknowledge that your web space is on a shared server, and other of our customers are sharing the computer with you. Although we say unlimited disk space and unlimited bandwidth, we never so much as hint at unlimited memory (RAM) or unlimited processor cycles (CPU). These last resources are precious and expensive, and must be fairly shared. If any one customer makes unreasonable use of these resources, all the other customers' websites may malfunction. If such a situation occurs, the customer will be invited to upgrade to a better service than shared hosting. A website is likely to be immediately suspended if it is causing other customers' websites to malfunction.

If your website application uses more than 10% of the server's memory, the system may automatically suspend your account. The same will happen if it uses more than 20% of the CPU. Apache connections are limited to 30. A maximum of 15 MySQL connections are allowed (for example, if your website has a shopping-cart powered by a MySQL database, then only 15 visitors at a time will be able to access your website).

Email

You will keep any mailbox passwords confidential, and will change passwords on a regular basis. We are not responsible for any data losses or security issues due to stolen passwords.

We monitor our Mail Servers and email which passes through our servers as a whole, but do not monitor individual mailboxes.

We run anti-virus software on all email which passes through our mail servers. We reserve the right to delete any email which is flagged by the anti-virus software as being infected or containing one or more virus signatures.

You acknowledge your responsibility to scan your incoming email for viruses. We do scan your email for viruses, but we cannot guarantee that your email will be virus free and shall not be held liable in the event any of your systems become infected with a virus as a result of using our services.

If we identify a mailbox or domain that is causing problems, we will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, we will disable email or suspend all services to the domain as appropriate.

You represent, undertake and warrant that you will use the email services for lawful purposes. In particular, you represent, warrant and undertake to us that you shall not send messages or communications, which are unsolicited, offensive, abusive, indecent or obscene, or which cause or are likely to cause annoyance, inconvenience or anxiety to another user of the Internet, or for the purpose or intent of fraud or with the intention of committing a criminal offence. We have zero tolerance for people who send out spam.

Email Services are for the exclusive use of our users and may not be used for Free Email Services or Free Mailbox Services.

Note that the system is likely to automatically suspend your email service if you try to send over 50 emails in an hour from your domain, as an anti-spam measure. If your website generates an automatic email response to a visitor's enquiry, and if this happens over 50 times in an hour, your website is likely to stop working.

FTP

Anonymous or public access to our FTP Service is not permitted. Our FTP servers may not be used by persons outside of the account holders organization to transfer files to or from our network.

Domain Names

The registration and use of your domain name(s) is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of any refusal to register your domain name with our Hosting Service. Examples include where suspicious data has been supplied to the naming authority, or where the name itself may cause offence or legal liability.

Loss of data

We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Servers and we shall have no liability for any loss or damage to any data stored on our Servers. You acknowledge your responsibility to keep backups of your websites and data. You acknowledge your responsibility to effect and maintain your own adequate insurance cover in respect of any loss or damage to data stored on the Server. We do not warrant to make regular daily or other backups of our servers, nor do we guarantee the integrity of any backups that we may make, nor that we will be able to recover all or any files, databases, and email.

Service Availability

We shall use our reasonable endeavors to make available to you at all times the Servers and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Services. We shall have the right to suspend the Services provided to you at any time and for any reasonable cause, which may be done without notice.

Payment

All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our website and shall be due and payable in advance of provision of the Services.

We reserve the right to change pricing at any time, save that all pricing is guaranteed for any period of prepayment.

Termination and Refunds

We shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you if you fail to pay any sums due to us as they fall due.

You may cancel the Services at any time. To do so you must request cancellation of the services in writing including your Account Username and Password. We will cancel the services within 5 working days of receipt of your request.

Refunds will generally only be offered if we are at demonstrable fault. For the avoidance of doubt, this does not include users not having understood this document.

Circumstances beyond our Control

We cannot be held responsible for the consequences of events beyond our control. Examples include "force majeure", "Act of God", war, natural disaster, or the defaults of our suppliers, or human error by our staff.

Indemnity

You agree to indemnify us and hold us harmless against any penalties we face, or damages we have to pay, because of your defaults or actions.

Variation

Due to the rapidly changing internet, we reserve the right to make reasonable changes to these Terms and Conditions at any time and without prior notice or consultation. Please check regularly for updates on our forum. Changes to the Terms and Conditions will be effective when published. Failure to receive individual notification of changes does not make such changes either void or invalid.

Severability

In the event that any of these terms are found to be inapplicable or invalid, such terms shall be severed, and shall not affect the validity of any other terms.

Errors and Omissions

Any clear errors or omissions in this document shall be rectified without affecting the validity of the terms.

Dispute Resolution

In the event of a dispute between the parties, the High Court of Justice in London, England, shall have sole jurisdiction to resolve the dispute, to the exclusion of all other Courts and Tribunals, and the applicable law shall be the Law of England and Wales.


(Sigh... Well, that's the Terms and Conditions finished. I expect you think that you hated reading them as much as I hated writing them. I beg to differ. I hated writing them far, far more. In fact, I don't expect that anybody will ever read them. They will just click the button to say that they read them. It won't matter anyway. We are perfectly honest, and would never try to trap people with tricks in the small print.)


 
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