Compliance with Law
Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgement of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.
System and Network Security
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Company investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, without limitation, the following:
- Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses, key loggers, and other executables intended to inflict harm).
- Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorised to access. For purposes of this section, “disruption” includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
- Executing any form of network activity that will intercept data not intended for the Customer’s service.
- Circumventing user authentication or security of any host, network or account, including “cracking.”
- Interfering with or denying service to any user, host, or network (example: denial of service attack or distributed denial of service attack).
- Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging of packet headers (“spoofing”) or other identification information.
- Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user’s terminal session, via any means, locally or via the Internet.
Company will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over Company network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights; including creating, utilising, distributing unauthorised copies of software, or the use of BitTorrent or other types of technologies utilised in the distribution of illegally copied materials. If Customer copies, distributes or installs software in defiance of the license agreement, Customer is violating federal copyright law. Company will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed in our datacenters.
Data Unlawful or Against the AUP: Promoting violation of the law or the AUP by hosting data that facilitates the violation is prohibited, including but not limited to:
- Hosting web pages that detail the methodology of committing unlawful acts, or acts violating this AUP.
- Hosting software, scripts, or other resources intended to facilitate committing unlawful acts, or acts violating this AUP.
- Advertising, transmitting, storing, or using any software, script, program, product, or service designed to violate this AUP.
- Harvesting. The collection of email addresses, credit card information, or other personal information for fraudulent use or sale is prohibited.
- Phishing. Hosting web pages with forwards to, containing scripts or executables for, or any other component of an operation designed to fraudulently collect authentication, credit card, names, addresses, or any other personal data (“phishing”) is not permitted. Spamvertised Sites. Hosting web pages advertised by spam sent from another network (“spamvertised”) is not permitted.
High Resource User Policy
Resources are defined as memory and/or processor utilisation.
Company may implement the following policy to its sole discretion:
- When a website is found to be monopolising the resources available 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.
By agreeing to this AUP, Customer affirms that the contact and payment information provided to Company identifies Customer and that Customer is authorised to use the payment method. Commitment of fraud, obtaining services, or attempting to obtain services by any means or device with intent to avoid payment is prohibited.
Personal accounts are to be used by the primary owner only. Customer is not permitted resell, store or give away web-hosting services of their website to other parties (excludes to reseller packages). Web hosting services are defined as allowing a separate, third party to host content on the Customer’s web site. Exceptions to this include ad banners, classified ads, and personal ads.
Resellers are responsible for the conduct of their customers and by agreeing with this AUP, agree that their customers will adhere to the AUP. Resellers should make their prospective Customers aware of the AUP and the consequences for violation.
All Customer files on services which feature a backup policy are backed up at 5am every day and stored in an offsite location. These backups are kept in a 7 revision rotation, where the last 7 revisions of a file will be available to Customer. Deleted files are kept on backup for 7 days before being permanently removed.
No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the Customer’s responsibility to maintain local copies of their account content and any important information. If loss of data occurs due to an error of Company, Company will attempt to recover the data for no charge to Customer. If data loss occurs due to negligence of Customer in securing their account or by an action of Customer, Company reserve the right to charge an administrative fee for restoration of data. Customer is fully responsible for obtaining any required insurance cover to protect against any possible loss of data held on our servers.
If no backup policy is specified with a service, then Company can make no guarantee that Customers files will be backed up on a regular basis.
Suspension and Cancellation
Company will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Company reserves the sole right to suspend service to any Customer for violation of the AUP without notice. Company reserves the right to terminate service without notice for any violations of the AUP.
Violations of the AUP will result in the following:
- A warning notification via email with 72 hours notice for resolution.
72 hours is the standard notification; situations involving law enforcement, phishing, fraud, password harvesting, network interference, Denial or Disruption of service, IRC mis-use, or other malicious activity can reduce the notification time frame.
Failure to resolve the AUP violation within 72 hours will result in the following:
- Removal of the violating content or service
- Removal of DNS for the site
- Temporary shutdown of the service
- Block on outgoing mail
Repeat violation of the above terms will result in the following actions.
- Immediate disconnection of service with no re-activation.
- £100 fee assessed to Customer account for violation.