Cyberprog New Media - Windows Shared Hosting Solutions

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Terms of Service

1. 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 (unless explicitly requested one way or another). 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. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
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.
1.4 Unless notified otherwise, we will always renew your domain name when possible, between 1 and 90 days before the expiration date. We reserve the right to not renew domain names as and when is appropriate.
1.5 We shall not release any domain to another provider unless full payment for that domain has been received by us.
1.6 The free webspace obtained when purchasing an domain is automatically upgraded when you purchase a web hosting package.

2. Web Site Hosting, Email, and Chat Services.
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 Web Site 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 authorise or permit any other person to do so.
2.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a criminal offence 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.
2.3.3 you will not send bulk email whether opt-in or otherwise from our network without our explicit consent. 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.
2.3.5 you may not use the webspace provided as an offsite backup location without our express permission. (We can provide much more secure space if you wish to do this)
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 illegal MP3 content.
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 unauthorised use of your account or breach of security, including loss, theft or unauthorised 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 Cyberprog New Media must comply with the rules appropriate for those other networks.
2.10 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised 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 If you are hosting a Forum or Bulletin Board System of any sort, we reserve the right to request (and grant ourselves) Forum Moderator and/or Forum Administrator Rights. Failure to comply with our request may result in Termination of the forum.

3. Service Availability
3.1 We shall use our reasonable endeavours 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 down-time 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.

4. 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 anniversary month, quarter or year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorise Cyberprog New Media to debit your account renewal fees from your card.
4.3 All payments must be in UK Pounds Sterling.
4.4 If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25.
4.5 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.
4.6 Unless notified 60 days prior to your account or domain expiring, it will be assumed that you wish to renew. Once the renewal has been processed it cannot be removed and you will be held liable for it. This is due to us having to renew your domain name with our supplier before the domain actually expires, and for the administration involved in removing an account once a invoice has been raised.
4.7 We reserve the right to charge penalties under the Late Payment of Commercial Debts (Interest) Act 1998 (As ammended in 2002, SI 2002 No 1674)

5. 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 and 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 No refunds will be made for Services suspended in accordance with 5.1, 5.2 and 5.3.
5.5 We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this you may be entitled to a pro rata refund based upon the remaining period of membership depending upon the circumstances of the termination/suspension.
5.6 Outside of any contractual commitment, you may cancel the Services at any time with 60 days notice, however no refund will be given.
5.7 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.

6. Indemnity
6.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.

7. Limitation Of Liability
7.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub clause 8.2.
7.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
7.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
7.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
7.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

8. Notices
8.1 Any notice to be given to you the customer may be sent by either email, fax or recorded delivery to your address as appearing in this Agreement or ancillary application forms or such other address as such which may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
8.2 Any notices sent to us the provider shall be deemed received upon receipt of our response if sent via email or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
8.3
We may change the terms and conditions of this Contract, including our charges for the Service, at any time. We will give you at least 14 days notice of any such changes before they take effect.

9. Law
9.1 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.

10. Headings
10.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

11. Entire Agreement
11.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
11.2 Cyberprog New Media is Alex Threlfall Trading As Cyberprog New Media

12. Domain Transfer

12.1 On transferring a domain away registered by or on behalf of Cyberprog New Media you may be liable to a fee of £10 payable before the domain is released.  Name server changes on TLD being transferred away from Cyberprog New Media where Cyberprog New Media have registered the domain on your behalf are liable to a fee of £10 payable before the domain is released. This fee will be levied at our discretion.
12.2 Any account coming with a free domain name remains the property of Cyberprog New Media. If when you close your account you would like to keep the domain, we will sell it to you at the current going rate for the TLD.

13. Server Problems

13.1 Should a script that you have written be identified as a "problem" script causing problems to the server (infinite loops etc.) we will remove the script and you may be liable to an administration charge of £50 for the first instance, a second instance will result in the suspension of your accounts scripting capabilities.
13.2 The service should not be used as a "testing ground" for you to test scripts on, we recommend that you install a personal web server for testing locally before uploading any scripts. We can provide you with links to appropriate guides on request, but we will not help you setup your own server for free! We can however set you up for a fee.

14. SPAM/UCE via SMTP

14.1 Should you connect to, or cause a system to connect to our SMTP service and relay SPAM/UCE eMail, we will charge a £25 processing fee per eMail to cover our system processing costs. Sending a message in this manner is deemed acceptance of these Terms & Conditions as per our welcome message. The Data Protection Act & The Privacy and Electronic Communications Regulations makes the sending of SPAM/UCE illegal in the UK unless a prior business relationship or consent can be demonstrated.

Acceptable Use Policy
for Web Hosting

The Internet is a powerful information and entertainment tool, we would expect our customers to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users.

Our acceptable use policy is actively and strictly enforced. Offending content or users are removed from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.

Common sense is the best guide as to what is considered acceptable use, however the following are unacceptable uses.

Illegality
In any form, including but not limited to the unauthorised distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material.

Undesirable Content
Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work.

Bulk Email
The use of our network to send bulk email whether opt-in or otherwise, and the use of bulk email to promote a site on our network is strictly forbidden.

Misuse Of Resources
Including but not limited to employing applications which consume excessive CPU time, memory or storage space. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum.

If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use.

 

© Cyberprog New Media 2007-10 - All Rights Reserved - Terms & Conditions
Cyberprog New Media is Alex Threlfall Trading As Cyberprog New Media

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