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Hosting Terms of Service (TOS)

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By ordering our hosting services in any way you are agreeing to be bound by our terms and conditions below and are in addition to our Standard Terms & Conditions of Service Supply.

Policy and Service Guidelines

We want to provide the best possible service to our customers and to do so, we have to set forth some guidelines for everyone to follow. Even if you place your order by phone, you are bound by these terms and conditions. These terms and conditions override any email, chat session, or contact of any kind with any of our staff. This Agreement will become effective when accepted by both parties.

Content

All services provided by us may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law of England and Wales. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Software Services UK from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising and material is prohibited on all sites hosted by Software Services UK. This includes sites that may infer sexual content, or links to adult content elsewhere. Software Services UK will be the sole arbiter in determining violations of this provision. If pornography is found on our server, the offending domain will be deleted immediately with no warning and no refunds of money will be given.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Software Services UK servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

Pirated software
Hacker / Cracker programs or archives
Warez sites

Software Services UK will be the sole arbiter as to what constitutes a violation of this provision.

Email

Spamming, or the sending of unsolicited e-mail or message board posts including, without limitation, commercial advertising and informational announcements, from our server(s) or using an e-mail address or domain that is maintained on an Software Services UK machine as reference in that spam is STRICTLY prohibited. Domains and sites are subject to being canceled immediately off of our server as well as fined no less than £500. A user shall not use another site's mail server to relay mail without the express permission of the site. Software Services UK will be the sole arbiter as to what constitutes a violation of these provisions.

To reduce loads on our servers we have imposed a restriction on how many times you may check your e-mail in an hour. This limit is 60 times. This does not mean that you will lose any e-mail during that given time, it just means that you cannot sit with your e-mail program open and hit the receive button every 30 seconds.

To reduce the possibility of spam and to reduce the load on our servers we have imposed a restriction on how many e-mails each domain may send out in a given hour. That limit is 250 per hour. We believe that 6000 e-mails in a 24 hour period of time is plenty.

Hosting Packages

We reserve the right to change the packages that we offer in any way without prior notice. We normally will send out an announcement when we change things but we reserve the right not to.

System and Network Security

Violations of the Software Services UK system or network security are prohibited, and may result in criminal and civil liability. Software Services UK will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, but not limited to, the following:

1. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.

2. Unauthorized monitoring of data or traffic on any system or network without express authorization of the owner of the system or network.

3. Interference with service to any user including, but not limited to, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.

4. Forging of any TCP-IP packet title or any part of the title information in an e-mail or a newsgroup posting. Software Services UK reserves the right to report illegal activities to any and all regulatory, administrative, and / or governmental authorities for prosecution.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Age

The client must be 18 years of age to obtain our hosting services. If a client is under the age of 18 and would like to obtain our hosting services then it is necessary for a parent or guardian to enter this agreement.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of Software Services UK is strictly prohibited.

Newsgroups

Posting the same or similar message referencing your domain hosted with us in any way to one or more news groups (excessive cross-posting or multiple-posting, also known as "SPAM") is explicitly prohibited.

Background Running Programs and Responsible CGI use

We may give you the freedom in executing CGI programs at no cost. Other providers limit their users access to CGI. We do not. The only favor we ask in return is that you respect CPU usage. It would be unfair to other users to run a program that hindered the performance of a server. We reserve the right to disable any CGI script that affects normal server operation.

No database may be used for logging of information available through our server logs. Databases are only to be used for Software Services UK hosted web sites, and no outside access will be granted. No cron job may run more than once every two hours and must be set up to "nice" at a value of 10 or greater.

No database may be used for logging of information available through our server logs. Databases are only to be used for Software Services UK hosted web sites, and no outside access will be granted. No cron job may run more than once every two hours and must be set up to "nice" at a value of 10 or greater.

The following scripts are not permitted to be run on Software Services UK servers under any circumstance:

BitchX
bnc
eggdrop
generic-sniffers
guardservices
ircd
psyBNC
ptlink

Excessive Use of Resources

While we do offer on some accounts things un-metered such as the following:
Un-Metered Pop3 Mail
Un-Metered Auto Responders
Un-Metered MySql DB's
Un-Metered Mailing Lists
Un-Metered Subdomains
Un-Metered Forwarding
Un-Metered FTP Accounts

Excessive use of these resources will cause your account to be suspended or terminated. A warning will be issued prior to suspension and/or termination. Excessive use is defined as using more then 3% of system resources.

IP Numbers

Software Services UK maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. (you retain the ownership of your domain name and all material owned by you contained in your site.)

Indemnity

You agree to defend, indemnify and hold harmless Software Services UK and any applicable domain name registry, including enom.com, and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your domain name or the use thereof. This indemnification is in addition to any indemnification required under the Dispute Policy. All content on your web site is considered a publication of yours and we are not to be held responsible for anything you present on the web through your domain in any way.

Limitation of Liability

Software Services UK shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Software Services UK servers going off-line or being unavailable for any reason whatsoever. Further, Software Services UK shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Software Services UK servers. All damages shall be limited to the immediate termination of your service. Software Services UK, will not be held responsible for any problems that a client's customer may have. We will always do our best to keep things running smoothly and to ensure that your web experience is the best. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Number, Password or security authentication; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your Web site; (8) loss or liability from your inability to use our mail service; or (9) loss or liability from the use of our mail service; or (10) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your domain name record or your agents failure to pay any fees, including the initial registration fee or re-registration fee.

Account Activation

Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.

Payment

Payment is due immediately from receipt of invoice. Payments not received within 3 days of the due date of invoice subjects your account to suspension. Payments not received within 7 days of the due date of invoice subjects your account to deletion.

Refunds

You may cancel your account at any time before your annual billing date, and you will not be billed for the next year. We will issue a pro-rata refund for months not used.

We do not offer any kind of "money back" guarantee.

Setup fees are Non-Refundable.

Acceptance of Contractual Agreement

1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by Software Services UK, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.

2. Software Services UK will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

3. In connection with any Hosting Services, if Customer’s actual bandwidth usage in any month exceeds allotted amount, specified in Customer’s contract, Customer will pay Software Services UK any additional fees as specified.

Payment:

Establishment of this service is contingent upon receipt of payment from Customer to Software Services UK. Subsequent payments are due on the anniversary date of the year for that year’s service. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

Payments and Fees:

Payment is due on the defined annual recurring billing date of each year. Credit cards that are declined for any reason are subject to a £10.00 declination fee. Service will be interrupted on accounts that reach 3 days past due. Service interrupted for nonpayment is subject to a £200.00 reconnect charge. Accounts not paid by due date are subject to a £7.95 late fee. Accounts that are not collectable by Software Services UK will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than Fifty(£50.00) nor more than One Hundred, Fifty(£150.00).

Delinquent Accounts:

Software Services UK may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

Account Cancellation:

All requests for canceling any service / services must be made in writing with at least 30 days notice but not more than 60 days prior written notice. Confirmation Receipt of cancellation will be sent within 24 hours of our normal cancellation department hours of 9AM to 5PM GMT Monday - Friday.

Refunds and Disputes:

All payments to Software Services UK are non-refundable. This includes any setup fees and annual fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, in Software Services UK's discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service.

Refusal of Service

Software Services UK shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Software Services UK reserves the right to terminate any account at any time and for any reason. Software Services UK reserves the right to delete all content and files upon termination. Software Services UK reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Software Services UK, reserves the right to refuse, cancel, or suspend service at our sole discretion.

In the event that any provision of this Agreement is deemed unenforceable or invalid, such un enforceability or invalidity shall not affect the remainder of this Agreement. Software Services UK may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Software Services UK as reflected in the original provision.

This Agreement and all rights hereunder shall be governed by the laws of England and Wales. Any action relating to this Agreement or to your use of the Software Services UK site shall be brought exclusively in the courts of the England and Wales.

Software Services UK reserves the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent.

This Agreement, the Software Services UK fee schedule, the hosting terms of use and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and Software Services UK, and supersede and govern all prior proposals, agreements, or other communications.

All Sub-Networks and distributive hosting sites of Software Services UK must adhere to the above policies.

Complaints regarding Illegal Use or System or Network Security issues and complaints regarding email abuse or SPAM should be sent to our abuse team.

Failure to follow any term or condition will be grounds for immediate shut down.





Hosting : Site Hosting Plans : Email Only Hosting : SSL Certificates / IP Addresses : Server Status
Website Monitoring : Hosting Terms of Service

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