This agreement is made between host1203 (“we”, “our”, “us”) and the client (“you”, “your”, “yourself”, “customer”) with respect to the use of our services.
This agreement may be updated from time to time, but in all cases we will communicate any such changes to you in reasonable time for our acceptance.
Dated: 6th January 2010
Description of service
We currently provide clients with access to our web hosting and development services (“Service”). Unless explicitly stated otherwise, any new features that expand or enhance the current Service shall be subject to these terms of service. These services include, but are not limited to:
- The hosting of your website and provision of methods for updating your website
- The management of domain names, including registering and configuration
- The development of applications to operate your website
- Services around search engine optimisation and web traffic statistics
In order to use the Service, you must obtain your own access to the World Wide Web and pay any service fees and provide any equipment associated with such access.
We provide such services as a reseller. We have our own agreements with other third-parties to purchase and use resource for reselling to you. As such we and you are bound by the terms and conditions of such third-parties. These terms and conditions can be provided on request.
You agree to provide true, accurate, current and complete information about yourself as requested from us and maintain and promptly update this information with us to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
The customer is responsible for all activity originating from the Account unless proven to be a victim of outside hacking or address forgery. The customer is responsible for securing their username/password.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. We do not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
You agree to not use the Service to:
- upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a host1203 official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas of the Service that are designated for such purpose;
- upload, post or otherwise transmit any Content that can be deemed as spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message; passive spamming (promoting a web site hosted by us by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mailbombing (inundating a user with email without any serious intent to correspond), generating a higher volume of outgoing mail than a normal user (20% or more of available system resources), and subscribing someone else to an electronic mailing list without that person’s permission.
- upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law
- “stalk” or otherwise harass another;
- collect or store personal data about other host1203 customers;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “Crush” sites;
- use your Site (or database) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond host1203;
We do not claim ownership of the Content you place on your site. By submitting Content to us for inclusion on your site, either yourself or via facilities provided by your site, you are taking full responsibility for such Content.
You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, we shall have the right to remove any Content that violates these terms of service or those of our third-parties or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
We respect the intellectual property rights of others and we ask our users to do the same. If at any time, we are notified that you are in violation of another party’s copyright or trademark rights, we will immediately remove the offending content from your site until the matter is resolved between you and the third party.
It is your responsibility to maintain local copies of your web content and any other information held on your account. If loss of data occurs due to our error, we will attempt to recover the data for no charge to you.
General practices of use
You acknowledge that we may establish general practices and limits concerning use of the Service.
Running programs in the background on our service without our prior written authorisation, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of our service. Further, any usage of twenty percent (20%) or more of our system resources is an undue burden on our system and is unacceptable. If a customer’s usage ever exceeds twenty percent (20%) of system resources, the customer will be contacted and asked to eliminate the problem.
Modifications of the Service
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that we, in our sole discretion, may terminate your password, site, use of the Service or use of any other host1203 service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of the terms of service. We may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this terms of service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your site and all related information and files in your site and/or bar any further access to such files or the Service. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Service.
Termination of agreement and refunds
If for any reason you are not entirely satisifed with our Service, you may request that your account be closed at any time. Any fees paid to third-parties by us on your behalf (for example, to domain registration companies) and are still outstanding with you will still apply and must be paid in full within 14 days of account closure.
On cancellation of the Service, fees for the current month will still apply.
If payment for the Service is made on a monthly basis, and cancellation is requested less than 5 working days before the end of the current month, fees may be applied for the subsequent month.
If payment for the Service is made on an annual basis, all fees for each month following the current month will be repaid within 14 days. Any outstanding fees to third-parties by us on your behalf (for example, to domain registration companies) and are still outstanding will be deducted from any refund.
Fees and payment
We reserve the right to alter the fees associated with the Service at any time. A change in fees will arise due to, but not limited to, an increase in running costs of the Service or an increase in the amount of resource you require to run your site.
You will be notified at least 1 month in advance of any change to your fees.
We offer two payment options for the Service:
- Monthly payment by direct debit to an account we specify. We provide an annual receipt of payments and a payment plan for the forthcoming year. Note that we retain the right to reissue a payment plan if your fees change during the year
- Annual payment by bank transfer or cheque. We provide an annual invoice, with payment due within 14 days of issue and a receipt on payment
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Notices to you may be made via either email or regular mail. The Service may (but is not obligated to) provide notices of changes to the terms of service or other matters by displaying notices or links to notices to you generally on the Service.