When hosting a domain name Web Site on our servers, you must accept the
following terms and conditions:
DEFINITIONS
'Company' means Hosting R Us. 'Customer' means the Customer of Hosting R
Us. 'Services' means services provided by the Company either in the
direct or indirect control of the Company. 'Registrant' means the
Customer applying or having applied to the Company to register a domain
or domains on behalf of the Customer. 'Web site' means a web site and
all associated files, not limited to source code, scripts and database
information. ‘Him’ or ‘his’ is a generic reference to the Customer and
neither means nor implies gender- specivity.
TERMS OF SERVICE
The Company provides World Wide Web page hosting and related services,
and domain name registration. The Company reserves the right to suspend
or cancel a Customer's access to any or all services provided by the
Company if the Company considers that the account has been
inappropriately or illegally used. The Customer warrants that he is at
least 16 years of age.
SERVER USE
The Company's web hosting accounts are to be used by the primary owner
only. Web hosting account holders are not permitted to resell or to
store the web hosting services of their web site to other parties. Web
hosting services are defined as allowing a separate, third party to host
content on the owner's web site. Exceptions to this include ad banners,
classified ads, and personal ads. The Company reserves the right to
refuse service and/or access to its servers to anyone.
ACCEPTABLE USE POLICY
Acceptable Use Policy below defines the actions which the Company
considers to be abusive, and thus, strictly prohibited. The examples
named are non-exclusive, and are provided solely for guidance to the
Customer. Please note that the actions listed below are also not
permitted from other Internet Service Providers on behalf of, or to
advertise, any service hosted by the Company.
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Illegal Material - This includes
copyrighted works, commercial audio, video, or music files, and any
material in violation of any International, National or Local law or
regulation.
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Adult Material - Includes all
pornography, erotic images, or otherwise lewd or obscene content.
The designation of "adult material" is left entirely to the
discretion of the Company.
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Warez - Includes pirated software, ROMS,
emulators, phrasing, 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.
HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilisation. The
Company may implement the following policy at its sole discretion: When
a web site is found to be monopolising the resources available, the
Company reserves the right to suspend that site immediately. This policy
is only implemented in extreme circumstances and is intended to prevent
the misuse of our servers.
INDEMNIFICATION
The hosting Customer agrees that it shall defend, indemnify, save and
hold the Company harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable legal fees asserted against the
Company, its agents, its Customers, officers and employees, that may
arise or result from any service provided or performed or agreed to be
performed, including hosting and domain registration. The hosting
Customer agrees to defend, indemnify and hold harmless the Company
against liabilities arising out of:
-
any injury to person or property caused
by any products sold or otherwise distributed in connection with the
Company's server
-
any material supplied by Customer
infringing or allegedly infringing on the proprietary rights of a
third party
-
copyright infringement, and
-
any defective products sold to Customer
from the Company's server.
DISCLAIMER
The Company will not be responsible for any damages to the Customer's
business or for other financial losses resulting from services provided
by the Company. The Company makes no warranties of any kind, expressed
or implied for services provided. The Company disclaims any warranty or
merchantability or fitness for a particular purpose. This includes loss
of business or data resulting from delays, non-deliveries, wrong
delivery, and any and all service interruptions caused by the Company
and its employees. The Company's financial liability is restricted to
the price paid for the service provided. The Company reserves the right
to revise its policies at any time, and to revise these terms and
conditions at any time without notice.
BILLING DATA
The Customer is responsible for keeping his billing data with the
Company's up-to-date and accurate. Furnishing incomplete information
will result in an e-mailed request to complete it, and failure to comply
with the request will result in account suspension until completion.
Furnishing false data on any contract or application, including
fraudulent use of credit card numbers, is grounds for immediate
termination, and may subject the offender to civil or criminal
liability.
PAYMENTS
The customer is responsible for paying all his invoices and charges in
relation to service rendered. The Company will normally bill the
Customer 10 days prior to renewal. Failure to settle accounts will mean
account suspension, and a reactivation administration charge may be made
which if not paid, will again result in account suspension. Any account
which remains unpaid will be terminated with 7 days of the final notice
being e-mailed to the customer, and no further notice of termination
will be sent. Loss of Customer's data will occur on termination, for
which the Company is not liable. The Company reserves the right to
offset any outstanding arrears with any additional accounts the customer
may hold.
SECURITY
Customers may not use the Company's services as to attempt to circumvent
user authentication or security of any host, network, or account. This
includes, but is not limited to, accessing data not intended for the
Customer, logging into a server or account the Customer is not expressly
authorised to access, password cracking, probing the security of other
networks in search of weakness, or violation of any other organisation's
security policy. Customers may not attempt to interfere or deny service
to any user, host, or network. This includes, but is not limited to,
flooding. Mail bombing, or other deliberate attempts to overload or
crash a host or network. The Company will cooperate fully with
investigations of violations of systems or network security at other
sites, including cooperating with law enforcement authorities in the
investigation of suspected criminal violations. Users who violate
systems or network security may incur criminal or civil liability.
E-mail and other types of Internet-based message distribution. The
Company has zero tolerance for Unsolicited Commercial Email (UCE) that
is in any way associated with the Company, its clients, or any of its
client's associates. Customers are prohibited in anyway whatsoever from
using UCE as a means of advertising data or services to distribute such
materials. Infringements of this policy can result in any one of the
following:
-
A warning from the Company, via e-mail
or phone.
-
Removal of DNS for the advertised /
originating site.
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Temporary shutdown of the server or a
block on outgoing mail.
-
Permanent disconnection of service.
-
Infringements of this policy include,
but are not limited to:
-
Sending mail to users who have not
specifically requested to receive such mail, including opt-out
mailing lists.
-
Sending, being involved in sending, or
employing a third party to send mail which advertises or mentions a
site hosted at the Company to users that have not specifically
requested this mail.
-
Forging of message headers to mask the
originator of the message.
-
You will be held responsible for the
actions of your clients in this matter, so it would be best for you
to implement a similar or stricter policy. Please review the
information at http://spam.abuse.net for more information on what
constitutes UCE, or 'Spam.'
-
Harassment, whether through language,
frequency, or size of messages, is prohibited.
TERMINATION
The Company reserves the right to withdraw services at any time. If
termination is caused by the Customer’s violation of these terms, then
services paid for in advance shall be refunded only at the absolute
discretion of the company. In the event of Customers having paid in
advance, the calculation of any refund is subject to a base calculation
of the fee paid, less the monthly charge rate in place when service
commenced multiplied by the number of months the Customer has received
service, rounded up to the next whole month. If any refunds are due
these will be made by company within 30 days of receipt of cancellation.
Set-up fees or domain registration fees are not refundable.
CANCELLATION
30
days' notice is required for account cancellations by the Customer. This
period may be shortened by mutual written agreement between the Customer
and the Company.
REFUND POLICY
In
the event of the Customer not being satisfied with any aspect of our
service or product, the Customer may apply in writing within 14 days of
account activation for a full refund, stating the reasons. If the
Customer notifies us within 7 days, then a full refund will be given,
less any domain registration fees. Refunds are made provided the
Customer has not breached any of our Terms and Conditions herein, and
the application is received at our Head Office on or by the fourteenth
day after account activation. In the event of the Company not agreeing
to refund, the reasons for same will be issued to the Customer either by
post or e-mail at our discretion.
The company reserve the right to update these Terms & Conditions at any
time and without notification - for this reason please review our
current Terms & Conditions of use from time to time.
These terms and conditions do not affect your statutory rights as a
consumer. Hosting R Us is a trading name of Server Centre Limited, a
Company registered in England under the Companies Act.
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