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Website Hosting Agreement |
Where the context admits: "We" includes
ProWebHost , ProWebHost.Co.UK or any party acting on ProWebHost's
implicit instructions. "You" includes the person purchasing
the services or any party acting on the customer's instructions.
"The Registrant" includes the person applying for a domain
name or any party acting on the Registrant's instructions.
"The Registry" the relevant domain names Registry. "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. In consideration
of the mutual covenants herein, the parties agree to the
following, which shall apply during the term of this agreement.
By using our services you agree to be bound by our Terms
and Conditions below:
1.0 Domain Name Registration.
1.1 We make no representation that
the domain name you wish to register is capable of being
registered by or for you or that it will be registered
in your name. You should therefore not assume registration
of your requested domain name(s) until you have been notified
that it has or they have been registered. Any action taken
by you before such notification is at your risk.
1.2 The registration and use of your
domain name 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 refusal to
register a domain name. See http://ww.nic.uk/terms.html
for information relating to .co.uk domain names
Global domain registrations must abide by INWW terms found
here: http://www.inww.com/policies/gtldtermcond.php3
1.3 We shall have no liability
in respect of the use by you of any domain name; any dispute
between you and any other person must be resolved between
the parties concerned in such dispute. If any such dispute
arises, we shall be entitled, at our discretion and without
giving any reason, to withhold, suspend or cancel the
domain name. We shall also be entitled to make representations
to the relevant naming authority but will not be obliged
to take part in any such dispute.
2.0 Website
Hosting and Email.
2.1 We make no representation and
give no warranty as to the accuracy or quality of information
received by any person via the Server and we shall have
no liability for any loss or damage to any data stored
on the Server.
2.2 You shall
effect and maintain adequate insurance cover in respect
of any loss or damage to data stored on the Server.
2.3 You represent, undertake and
warrant to us that you will use the Website allocated
to you only for lawful purposes. In
particular, you represent, warrant and undertake to us
that.
2.3.1 You
will not use the Server in any manner which infringes
any law or regulation or which infringes the rights of
any third party, nor
will you authorize or permit any other person to do so.
2.3.2 You
will not post, link to or transmit:
2.3.2.1 Any
material which is unlawful, threatening, abusive, malicious,
defamatory, obscene, blasphemous, profane
or otherwise objectionable in any way. Including but not
limited to hatred content and political agenda.
2.3.2.2 Any
material containing a virus or other hostile computer
program whether live or in "storage". Breaking
this rule will result in the termination
of any accounts with Us
2.3.2.3 Any
material which constitutes, or encourages the commission
of a criminal offense or which infringes any patent, trade
mark, design
right, copyright or any other intellectual property right
or similar rights of any person which may subsist under
the laws
of any jurisdiction. Including but not limited to those
sites selling and / or promoting drugs, weapons or any
illegal activity.
2.3.3 You will
not send bulk email whether opt-in or otherwise from our
network. You will not harbour lists of email addresses
for the purpose
of mass unsolicited emailing and/or employ "Sniffing"
systems that search the internet to find and store email
addresses. Nor will you promote a site hosted on our network
using bulk email.
2.3.4 You will
not employ programs which consume excessive system resources,
including but not limited to processor cycles and memory. If
a script goes over 20% of a total servers resources for
a sustained amount of time, the account will be suspended
and the process and
scripts involved terminated.
2.3.5 The following
processes are not allowed on any servers: IRC, BitchX,
bnc, eggdrop, guardservices, ircd, psyBNC, ptlink. Breaking
this rule
will result in suspension or termination of your account(s).
2.3.6 You will
not use CGI only based forums or chat clients, Php / MySQL
forums however are allowed.
2.3.7 You will
not employ attack / hack software including but not limited
to port scanning utilities. Breaking this rule will result
in suspension or
termination of your account(s).
2.4 We reserve the right to remove any
material which we deem inappropriate from your web site
without notice. We do not host Warez or similar content.
You may only upload MP3 content if you own the copyright
or if it is copyright-free material. This also includes
but is not limited to other
audio / visuals / games e.g., mpg's, mpegs, avi's etc.
2.5 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.
2.6 You shall observe the procedures
which we may from time to time prescribe and shall make
no use of the Server which is detrimental to our
other customers.
2.7 You shall
procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and
in a secure manner.
2.8 In
the case of an individual User, you warrant that you are
at least 18 years of age and if the User is a company,
you warrant that the Services
will not be used by anyone under the age of 18 years.
2.9 Any access to other networks
connected to ProWebHost must comply with the rules appropriate
for those other networks.
2.10 Whilst we will use every reasonable
endeavor to ensure the integrity and security of the Server,
we do not guarantee that the Server 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.
2.11 Users that abuse the network, such
as mass unsolicited email (spam), illegal content, fraud,
payment invasion, will have their name, website
address, details of the abuse and ip number posted to
all customers via our 'news' email service. Under all
circumstances we will inform your ISP of your actions
and if necessary legal and police departments. We will
not tolerate any abuse of our network and abuse will be
punished to the fullest extent allowable under law.
2.12 In relation to clause 2.11, we
have the right to charge a £100 fine for each abuse case
and the abuser will be liable for any costs incurred
by ourselves, our customers or any other company / business
linked to us.
2.13 If you abuse the network or we receive a complaint about your account we will investigate this and we have the right to suspend the account if your actions could have a negative effect on our business or any other business connected to us. In extreme cases we may terminate your account and end our business relationship with you immediately. In such circumstances a refund will not be paid. Attempts to recover any monies paid in abuse situations will result in legal proceedings against you to the fullest extent allowable under law.
2.14 The above clauses, namely 2.11, 2.12 and 2.13 are here to protect our honest and legitimate customers from the negative effects caused by abuse of our network. We take abuse extremely seriously and we will always punish abusers to the fullest extent in EVERY case without exception.
3.0 Website Hosting Service
Availability.
3.1 We shall use our reasonable
endeavors to make available to you at all times the Server
and the Services but we shall not, in any event, be
liable for interruptions of Service or downtime of the
Server.
3.2 We shall have the
right to suspend the Services at any time and for any
reason, generally without notice, but if such suspension
lasts or
is to last for more than 7 days you will be notified of
the reason.
3.3 The Services
provided to you hereunder and your account with us cannot
be transferred or used by anyone other than you. No more
than one
log-in session under any one account may be used at any
time by you. If you have multiple accounts, you are limited
to one login session
per system account at any time; user programs may be run
only during log-in sessions. If your account is found
to have been transferred
to another party, or shows other activity in breach of
this sub clause, we shall have the right to cancel the
account and terminate
the Services and/or this Agreement immediately.
3.4 Uptime guarantees do not include downtime required to upgrade / service hardware or problems caused by your equipment or 3rd parties, for example but not limited to, your ISP (internet service provider).
4.0 Payment.
4.1 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 web site
and shall be due and payable in advance of our service
provision. We reserve the right to change pricing at any
time although all
pricing is guaranteed for the period of pre-payment.
4.2 Payment is due each month, quarter
6 months or yearly until closure notice is given. If you
choose to pay by credit or debit card you authorize ProWebHost's
credit card / debit card processing (PayPal) to debit
your account renewal fees from your card.
4.3 All
online payments must be paid in Pounds (GB) Sterling only.
Payment by money order / cheque in Pounds (GB) Sterling
only.
4.4 Without prejudice
to our other rights and remedies under this Agreement,
if any sum payable is not paid on or before the due date, we shall be
entitled forthwith to suspend the provision of Services
to you.
4.5 Due to our payment
processor being PayPal, we will not enable provision of
service to UNVERIFIED PayPal accounts until the
funds for the provision
of service has been cleared in full.
4.6 Orders submitted using free email accounts may be subject to a telephone call to confirm the order prior to the account being set up.
4.7 From time to time security checks
are performed and new customers may be telephoned prior
to any service commencing.
4.8 If unpaid monies are owned to us
for one or more services we reserve the right to suspend
/ terminate all services you hold within the ProWebHost
network.
5.0 Website
Hosting Termination.
5.1 If you fail to pay any sums
due to us as they fall due, we may suspend the Services
and/or terminate this Agreement forthwith without notice
to you.
5.2 If you break any of these Terms
/ Conditions we may suspend the Services and / or terminate
this Agreement forthwith without notice to you.
5.3 If you are a company and you
go into insolvent liquidation or suffer the appointment
of an administrator or administrative receiver or enter into a voluntary
arrangement with your creditors, we shall be entitled
to suspend the Services and/or terminate this Agreement
forthwith without notice
to you.
5.4 Refunds will be given at the discretion
of ProWebHost management including refunding of upfront
yearly fees.
5.5 We
reserve the right to suspend the Services and/or terminate
this Agreement / your account at any time with no notice
or reason.
5.6 You may cancel
the Services at any time.
5.7 On
termination of this Agreement or suspension of the Services
we shall be entitled immediately to block your Website
and to remove all data located
on it.
5.8 When an account termination request
is received it will only be actioned if it contains enough
proof that we know it came from the authorized
account holder. Such information required is: full name,
username and password.
5.9 When an account termination request
is received and complies with 5.8 it will be terminated
immediately. We do not accept termination requests
that request closure at a future date.
5.10 Accounts closed in error by the
customer will not be reopened unless we receive new payment
equivalent to one years service.
6.0 Adult Website Hosting.
6.1 We do not under any circumstances
allow adult content that contains any person under the
age of 18.
6.2 Adult hosting
customers agree for us to check their content from time
to time to protect against underage and / or illegal content.
6.3 Any customer found to be hosting
underage and / or illegal content i.e. child porn will
have their account terminated immediately and the offending content
will be passed to the relevant authorities on ALL occasions.
6.4 A charge of £200 will
be taken from any customer found to be hosting child porn
and no refunds will be paid.
6.5 We reserve the right to decline any adult related website at our discretion.
7.0 Credit
/ Debit Card Charge Backs.
7.1 If any services have been used
and the customer requests their bank to recall the payments
made (sometimes called a charge backs) then legal action
may be taken against the customer to recover such payments
in all circumstances.
7.2 All
actions of fraud are automatically reported to the police.
7.3 Any charge backs from credit
/ debit cards will result in your account being terminated
and a charge back fee will be billed at £30
per account.
8.0 Bandwidth.
8.1 You can monitor your bandwidth usage
in your web based control panel, and if needed - extra
bandwidth can be purchased in advance. Our
pricing structure reflects our bandwidth costs, and it
is often easier to just upgrade to the next package level.
8.2 Accounts with bandwidth specified as unlimited on shared hosting servers will be subject to resource monitoring. Any account found to be placing unreasonable load on (hogging) the shared hosting environment will be capped either by incoming connections or by bandwidth throughput.
9.0 Unsoliced Commercial Email (SPAM).
9.1 We do not, under any circumstances
or for any reason allow spamming from our services. Any
member who is found to have spammed another entity
or person will result in their account being terminated
permanently and any hosting fees unused will be immediately
forfeited.
9.2 Furthermore,
a fee of £75 will be charged to your account if
you have been found guilty of spamming from our services.
10.0 This Agreement.
10.1 By performing any transactions
on this website you agree to these Terms and Conditions.
11.0 Infancy.
11.1 You attest that you are of
legal age to enter into this legal agreement.
12.0 Law.
12.1 This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.
ProWebHost is Copyright © 2008. All Rights Reserved.
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