TOS & AUP

Host Yorkshire Internet

Terms of service & acceptable use policy

Before purchasing any packages or services from Host Yorkshire make sure you fully understand the below terms. If you are unsure or have a question relating to these terms please ask us first before ordering.

1(a) – You will use our services and our web space allocated to you only for lawful purposes. You will neither 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(a) – You shall not post, link to or transmit:

2(b) Any material, which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.

2(c) Any material containing a virus or other hostile computer program.

2(d) 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.

3(a) 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. Host Yorkshire will not be responsible for your disclosure of your account details including our customer support area, cPanel or databases to any 3rd party vendors who are acting on your behalf.  Host Yorkshire reserves the right to discontinue service to any user it feels violates this policy.

4(a) You shall make no use of the Server in a manner detrimental to our other customers including the usage of excessive resources or CPU usage. Mails sent by you are in accordance with applicable legislation, including data protection legislation and any international legislations.

4(b) This includes, but is not limited to:

4(c) copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Host Yorkshire and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.

4(d) User agrees not to post any type of hacking/wares material, or violence/hate pages on the web sites hosted on our servers.

5(a) Use of Resources

Offering free hosting in attempts to quickly strain system resources is prohibited and any type of application/script that creates excessive memory use or causes apache to fail will not be tolerated. Host Yorkshire will decide what is “excessive” and may remove any content deemed to be misusing resources. Large files/scripts, chat (IRC), and illegal mp3 files are not allowed. Users must seek permission when uploading such files or files that may seem suspicious. We reserve the right to determine if an application is misusing resources and may request removal of application or suspend accounts if necessary.

6(a) Cancellation

Host Yorkshire reserves the right to discontinue service to any user it feels violates any of these rules or for any reason that it finds to be valid for discontinual of service. Web sites that are found to be violating the Terms of Service may be blocked/removed without notice

7(a)Refunds

Refunds may not be given to sites that get blocked for violation of Terms of Service.

7(b) We strive to provide high-quality service but all customers must accept that our service is “AS IS” with no guarantees of uptime, quality, functionality, etc. The customer may not use our advertisements as a basis for asking a refund or taking any legal action. Host Yorkshire will solely decide when issuing a refund is appropriate or not appropriate. Our 30 day guarentee refund excludes dedicated servers and their setup fees. Proof of identity is required for the lease of a dedicated server and must be presented within 3 working days or the account will be suspended and no refund offered.

7(c) Also prohibited are sites that promote any illegal activity or present content that may be damaging to Host Yorkshire servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:-

– Pirated Software
– Hacker programs or archives
– Warez sites

7(d) Host Yorkshire will be the sole arbiter as to what constitutes a violation of this provision.

8(a) E-mail

Spamming, or the sending of unsolicited e-mail including, without limitation, commercial advertising and informational announcements from an Host Yorkshire server or using an e-mail address or domain that is maintained on an Host Yorkshire machine as reference is strictly prohibited. Host Yorkshire will be the sole arbiter as to what constitutes a violation of this provision. A user shall not use another site’s mail server to relay mail without the express permission of the site. Host Yorkshire will be the sole arbiter as to what constitutes a violation of these provisions.

8(b) Resellers

If you are or become a reseller of our services you will continue to be bound by these terms and conditions, you will be responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these.You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any contract binding on us.No default by your customers shall in any way affect, modify or limit your obligations under this Agreement

9(a) System And Network Security

Any attempt to undermine or cause harm to a server, or customer, of Host Yorkshire is strictly prohibited.We reserve the right to refuse, cancel, or suspend service at our sole discretion.

10(a)Limitation Of Liability

Host Yorkshire shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Host Yorkshire servers going off-line or being unavailable for any reason whatsoever.

10(b) Furthermore, Host Yorkshire shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Host Yorkshire servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Users Policies should be referred to our support department. All complaints will be investigated promptly.

10(c) Failure to follow any term or condition may be grounds for immediate account deactivation.

11(a) Downtime

Host Yorkshire cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Host Yorkshire are resold. Thus, certain equipment, routing, software, and programming used by Host Yorkshire are not directly owned or written by Host Yorkshire.

11(b) Host Yorkshire holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Host Yorkshire sees fit.

12(a) Account Activation

By activating your account with Host Yorkshire you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information. If you sign up for an account and do not follow our terms, no refunds will be given. Host Yorkshire retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

13(a) Billing

Host Yorkshire uses several merchant processing companies. Your credit card statement will reflect the company that we use. Monthly Fees are billed every 30 days and yearly billing is done every year. This is not taken from your card as a reoccurring payment. You will be invoiced and you must complete the payment to gain further access to services and products you have subscribed to.

14(a) Web Site Subscription Payments

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. 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.

14(b) Your billing is based on the date that you joined us. If you have a YEARLY plan with us you will be charged same price every year on the anniversary of you enrollment until you decide to cancel the account.

15(a) Acceptable Use

Host Yorkshire’s services may only be used for lawful purposes. Transmission of any material in violation of International, Federal or State regulation is prohibited. This includes but is not limited to: material legally judged to be threatening or obscene, or material protected by trade secret laws. Any use of vulgar or obscene language while contacting Host Yorkshire will be grounds for immediate cancellation of hosting or services. If you are found in violation of the Host Yorkshire’s Terms of Acceptable Use, your account will be terminated without notice and you will forfeit all of the moneys that have been paid to Host Yorkshire.

Examples of content that is not acceptable on Host Yorkshire

15(b) “Pirated software” or “Warez”, “Hacker programs and/or archives”, “IRC Bots”, “Casino and Gambling Related”,”Copyrighted Mp3′s”, “CGI boards” “Forums that use excessive resources”.

15(c) Warez – Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.

15(d) Offering Free Hosting – Offers of free hosting of our services in any form is not allowed.

15 (e) Spam in any shape or form is NOT permitted and is grounds for immediate account termination. IRC and Chat Rooms Internet Relay Chat (IRC) traffic is not permitted on our servers in any of its many forms including, but not limited to: bots and IRC servers. Chat rooms may be allowed on per use basis, so please ask one of our support staff before setting one up. (Some cgi/perl based chat rooms over utilize the server processor.)

16(a) Security

Attempts to manipulate servers or client web sites are prohibited. This includes, but is not limited to, attempting to gain unauthorised access to Host Yorkshire Networks servers, mail bombing, or other means of deliberately overloading systems.

16(b) Network/System Abuse

This includes, but is not limited to, excessive use of CPU resources, disk space or network bandwidth, installing IRC bots, CGI scripts sharing with domains outside of Host Yorkshire, mass emails, using disproportionate amounts of system resources for CGI Scripts or any manner of monopolization of network resources. Host Yorkshire or the vendors will determine what constitutes network/system abuse.

16(c) Bandwidth

Bandwidth over your allotted monthly limit will be charged at £1.50 per gig per month or you can choose to upgrade your hosting plan to a higher plan. If you are at the highest plan available it will be charged at the rate of £1.50 per gig per month.

16(d) Software/Multimedia Distribution

Accounts cannot be used to distribute copyrighted software, “cracked” versions of copyrighted software (a.k.a. warez), serial numbers for copyrighted software or copyrighted multimedia files. Sites that contain links to pirated software or illegal contraband are also prohibited.

16(e) Website Content Management

Host Yorkshire is not responsible for web site management or files lost or damaged by users. Web site construction and management is the responsibility of the client. Client-maintained backup of all site files is recommended and should be maintained. System backups are intended to be used in the event of system failures and are not intended to be accessed to restore files to individual sites.

17(a) Log Files

Log files may be deleted on a periodic basis. Users are responsible for downloading their log files. It is recommended that clients who wish to maintain a history of their log files download them monthly.You specifically agree to indemnify and hold Host Yorkshire harmless from any claims resulting from a breach of these terms, and/or use of the service, which damages another..

18(a) Web Site Hosting And E-mail

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.You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server. Any access to other networks connected to Host Yorkshire must comply with the rules appropriate for those other networks. 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 mis-routing of email or for any other failure of email.

19(a) Intellectual Property Rights

You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.

20(a) Licensing Rights

Host Yorkshire use licensed controls and code elements in templates, modules, components and plug-ins. Some of these files are not released under the GPL and are supplied to each paying user for non-exclusive usage and are not transferable. You may not offer them, modified or unmodified, for redistribution or resale of any kind or include them in a package or extension of your own without prior consent of Host Yorkshire.

21(a) Service Availability

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. 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 30 days you will be notified of the reason.

21(b) 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 login 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 login 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. Host Host Yorkshire will hold no liability or responsibility for any actions caused by anyone you may have transfered the account to under

22(a) Termination

Without in any way limiting our (Host Yorkshire) rights:

22(b) 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. If you break any of these terms and conditions, we may terminate this Agreement.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 terminate this Agreement forthwith without notice to you.

22(c) On termination of this Agreement or suspension of the Services we will be entitled immediately to block your Web Site and to remove all data located on it.We will be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non- availability of your Web Site as we think fit. We reserve the rights to terminate or refuse service to anyone

23(a) Indemnification

A user’s failure to comply with those laws will violate Host Yorkshire terms of agreement. By using our services, you indemnify Host Yorkshire for any violation committed by you of the service agreement, law, or other Host Yorkshire policy, that results in loss to Host Yorkshire or the bringing of any claim against Host Yorkshire by any third-party.

This means that if Host Yorkshire is sued because of a user’s or customer of a user’s activity, the user will pay any damages awarded against Host Yorkshire , plus costs and reasonable attorneys’ fees.

24(a) Limitation Of Liability

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.

24(b) Nothing in these terms and conditions shall exclude our liability death or personal injury resulting from our negligence.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. In any event no claim shall be brought unless you have notified us of the claim within one year of it arising. 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.

25(a) Notices

Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in the ancillary digital application forms or such other address as such party 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.

25(b) Support ticket help is provided round the clock. We do not guarantee any time frame as far responding to support tickets, however we will make every reasonable effort to respond in a timely manner. Headings Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

26(a) Entire Agreement

These terms 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.

27(a) Other services

Host Yorkshire  can provide other services such as web development, scripting help, web design, programming help separate from web hosting. These services will be billed separately and are NOT included in the web hosting fee.

This document was last updated on June 4th, 2013

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