TERMS & CONDITIONS
My terms of service
I am committed to providing services at a standard of excellence matched to the best practices in the industry. I recognise that network up-time and server availability are of the highest importance. The following service levels are designed to ensure the ultimate performance and maximum up-time.
Network
The data centre uses Cisco and Intel switches, routers, and other networking equipment. Redundant components are used to ensure up-time and minimize failure. Multi-gig fiber ring delivers your traffic out to one of two national backbone providers, UUNet and Level 3, and I have dual gig connections to each. This topology provides the ability to scale the bandwidth well beyond the limits of a traditional OC-12.
Network Up-Time
I guarantee network availability of 99.9% in a given month, excluding scheduled maintenance. Network is considered unavailable if there is a 100% packet loss from my server to my backbone providers. Network infrastructure is all equipment, from the cable connected to the server's NIC to the backbone provider, and includes routers, switches and cabling. Downtime will be measured starting 10 minutes after notification of network failure, to me. I will determine end of downtime by a traceroute to the customer's machine from outside my server.
Hosting & Other Services
I provide adult web hosting to many clients, and I have a responsibility to protect each client and to provide the best services available. The following guidelines are designed to ensure that these obligations are met.
Content
All services provided by me may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdon, United States, Japanese, or Australian law is prohibited. This includes, but is not limited to: copyrighted material, material I judge to be threatening or obscene or material protected by trade secret and other statute, and invasion of privacy. The subscriber agrees to indemnify and hold me harmless from any claims resulting from the use of the service which damages the subscriber or any other party. Pornographic content and sex-related merchandising is permitted on my servers, subject to the laws prevailing at the data centre. I will be the sole arbiter in determining violations of this provision. Illegal adult content is not permitted under any circumstances. Proxy scripts are forbidden. This includes any script that allows someone to surf from my servers to a third party site, like nph-proxy. These types of scripts cause an unnecessary burden on system resources when they are heavily used and lend themselves to abuse complaints. Also prohibited are sites that promote any illegal activity or present content that may be damaging to my servers or any other server on the Internet. Links to such materials are also prohibited. Examples (this is not an exhaustive list) of unacceptable content or links: pirated software, hacker programs or archives, warez sites. I will be the sole arbiter as to what constitutes a violation of this provision. Accounts that are found to have such breached the content guidelines are subject to immediate suspension and/or termination without notice and without refund/recourse.
Commercial Advertising
Email Spamming, or the sending of unsolicited email, from my servers or using an email address or domain that is maintained on my server as reference is STRICTLY prohibited. I will be the sole arbiter as to what constitutes a violation of this provision. Sites that promote, sell, or otherwise provide access to spamware products or products that are solely for the purpose of extraction or sale of email addresses or which are used to send bulk email are not permitted on any of my servers.
Misuse of System Resources
Any attempt to undermine or cause harm to a server, or customer, of mine is strictly prohibited. This includes, but is not limited to: using programs that consume excessive CPU time; allowing the use of mail services, mail forwarding capabilities, or autoresponders other than for the customer's own account; resale of disk space without an appropriate reseller agreement; use of servers for backup of files unrelated to the web site of the account; or resale or remote access to CGI scripts installed on our servers. Accounts that are found to have such software uploaded to their web space are subject to immediate suspension and/or termination without notice and without refund/recourse.
Account Policies and Cancellation
Cancellation requests can be submitted to me. No advance notice is required, and there is no cancellation fee, however all fees paid for service up to the end of the billable period in which the notice of cancellation is received are non-refundable (i.e. if you pay annually and cancel half way through the year, all fees up until the end of the year are non-refundable. If monthly, quarterly or half-yearly payment is made then the fees to the end of the month, quarter or half year are non-refundable). If cancellation is made within the first 15 days of service all hosting fees paid will be refunded. This does not include fees for installation, custom design work, domain registration, or any other non-hosting fees, which are non-refundable under any circumstances. Accounts are payable in full at the time the account is created, upgraded or renewed. Accounts paid via a credit card payment processer (e.g. PayPal or NoChex) are subject to suspension if payment cannot be processed at the time the account is created. Any account reaching five (5) days past due is subject to suspension for non-payment. Such accounts are subject to termination after fifteen (15) days in a past due state.
Suspension
Activity which results in a suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be grounds for suspension.
Refusal of Service
I reserve the right to refuse, cancel, or suspend service at my sole discretion. All sub-networks, distributive hosting sites, and dedicated servers of mine must adhere to the above policies. Please direct any reports of violations of the above policies to me. Failure to follow any term or condition will be grounds for immediate account deactivation.
Indemnification
You agree to indemnify, defend, and hold me harmless and my agents, employees, directors, and owners, from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, me, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends, without limitation, to all issues associated with your account, including but not limited to domain name selection, web site content, damages sustained through failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, your account on servers operated by me.
