Unless otherwise stated, the following definitions apply to this document: – “we”, “us”, and “our” are references to EZHOST; – “you”, “your” and “customer” are references to the personusing services from EZHOST having entered into this agreement; – “services” are web hosting, domain registration, reseller rights, outsourced support, email and other services or facility provided by us to you; – “server” is the computer equipment operated by us in connection to the services provided; – “order” means a request made by the customer to us for services to be supplied subject to these conditions;- “charges” are the charges payable by the customer for the provision of services details of which can be found on http://www.ezhost.co.uk and may vary from time to time.
The words “include” and “including” are to be construed without limitation.
The headings in this document are for convenience only and shall not affect the interpretation of these conditions.
2.1 Spam / Unsolicited Mass E-mail
The sending of Unsolicited Commercial Email (SPAM) through our servers promoting any website or through third party servers promoting a website hosted by us can result in the suspension or termination of the customers web hosting account without refund. Mailing lists may be operated as long as individuals choose to subscribe to receive mailings via clear “opt in” methods and a strict removal procedure is published in all mailings. “Safelists” and other advertising related mailing lists may not be operated. Any complaints received are taken seriously and will be investigated.
Sites sending out Spam / Mass Emails may be suspended without notification if deemed serious, or if the account holder does not fix the issue with immediate effect to stop any sending.
2.2 Account Use Under no circumstances must our servers be used for the hosting or communication of, reference to or linking to any of the following:
- nudity, pornography, anything of a sexual, lewd, or obscene nature;
- violations of any copyright or any other right of any third party;
- threatening, abusive, harassing, defamatory statements;
- promotion of illegal activities (hacking, cracking, etc);
- information or software containing or about any kind of virus;
- hate speech or hate propaganda;
- the collection of personal information for illegal purposes;
- content deemed by us at our sole discretion to be harmful to us;
2.3 Banned Scripts
We do not allow the use of the following scripts on our servers:
- YABB Forum (CGI Version)
- Proxy Scripts
- IRC Scripts
- Chat Rooms
- HiveMail and similar email provisioning scripts.
- phpShell and similar command execution scripts.
Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, banner exchanges and chat rooms. In the event a script affecting server performance we reserve the right to disable the effecting script/account prior to notifying the customer.
3.1 Payment Schedules
The customer agrees to supply appropriate payment for the services received from us in advance of the time period during which such services are provided.
All invoice notifications will be sent via email and a printable version made available in the customer billing control panel.
Invoices should be paid within 7 days, suspension otherwise may occur without notification.
3.2a Hosting is due yearly in advance, cancellation does not warrant any refund for part thereof.
3.3 Bank Charges
Customers are responsible for the provision of sufficient funds in their account and we will not be held responsible for any charges incurred as a result of overdrawing of the bank account or credit card or as a result of failed transactions.
We reserve the right to suspend any account at any time without the due payment being received (and/or redirect website/s to our services). Invoices should be paid within stated period or account(s) will be suspended. Any added time for payment will be at our sole discretion. Accounts that have been suspended will automatically incur a £30 fee to be unsuspended.
3.5 Currencies All invoices and payments are processed in GB Pound Sterling (£) with conversions will be made by the credit card company of the customer.
Prices shown in any other currencies on this website or other promotional material is to be treated as a guide only and may be inaccurate due to changes in the exchange rates. All customers are advised to check amounts using accurate recent exchange rates before ordering.
4.1 All customers are strongly advised to regularly download their own backups from their control panel where a zipped archive can be provided of all account files and databases.
5.1 CPU & Memory All accounts are monitored for their use of server resources. If any account is using a high amount of server resources we will contact the customer to discuss the issue with them. In serious cases where an account is using a considerably large amount of system resources (memory, CPU etc.) the account may be suspended or script disabled without notice to maintain the smooth running of the server. You are responsible for ensuring that all scripts used within your account are secure and kept up to date, you agree to update/patch the software when the developers release new versions with security fixes to maintain the integrity of your web space.
5.2 Data Transfer and Webspace Allocations Customers can request a package upgrade or temporary resource increase at the costs available to view on our website.
It is the sole responsibility of the customer to contact us in advance of requiring extra resources to prevent account suspension or disruption.
6.1 Contact Information
The customer is responsible for keeping their contact details up to date in their control panel. We cannot be held responsible for communication mixup”s as a direct result of the customers failure to update their details.
6.2 Sensitive Data
Customers are responsible for keeping their usernames, passwords and other sensitive data safe.
If a breach is suspected, the customer is required to request a change of login details by contacting support staff.
6.3 If a customer is in any manner, abrupt or abusive with any of our staff we may discontinue contact and suspend any service without notification.
7.1 If a breach of these terms and conditions is found we will, at our sole discretion, determine whether it is a serious or minor breach.
If a serious breach of these terms is found we reserve the right to suspend the account(s) of the customer in question or disable any part of the account before contacting them. We will however make an attempt to contact the customer prior to suspension in the event of a minor breach using the email address we have on record for your account. If no reply is received within 3 days we will escalate the status of the breach to a serious breach and may suspend the account(s).
7.2 In the event that a resold account is the subject of the breach we will make every effort to contact the reseller before taking action. In serious cases we may have to suspend or disable part of the account before contacting the reseller.
Limitation of Liability & General Terms 8.1 We are not responsible for any claimed damages, which may result from our servers going offline, or beingunavailable for any reason. This includes damages which may result from the corruption or deletion of data. The customer agrees to indemnify and hold us and our employees harmless from any claims, damages, including but not limited to consequential damages resulting from the use of the service which damages the customer or any other party.
8.2 We will cooperate fully with investigations of violation of systems or network security at other sites and will cooperate with law enforcement authorities in the investigation of possible criminal violations.
Customers who violate these terms may incur in criminal or civil liability.
8.3 For clients with multiple accounts and resellers, we reserve the right to suspend all accounts should the main account owner violate these terms and conditions in a manner deemed by us to be extremely serious.
8.4 In the event that we are unable to contact a reseller account holder to pursue payment, we reserve the right to contact their customers to inform them of the situation. We also reserve the right to contact a resellers customers if they are “abandoned” by the reseller account holder.
8.5 We will be the sole arbiter as to what constitutes a violation of these terms and conditions. The failure by a customer to meet or follow any of the above terms and conditions is grounds for account suspension or deactivation. We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You will be entitled to a pro rata refund based upon the remaining period of prepayment.
Domain Name Registration
9.1 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. 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.
9.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant Registry; you shall ensure that you are aware of those terms and conditions and that you comply with them.
9.3 By registering a .uk domain name, you enter into a contract of registration with Nominet UK on the terms and conditions published at http://www.nominet.org.uk/nominet-terms.html.
9.4 You shall have no right to bring any claim against us in respect of any refusal to register a domain name by the relevant registration authority.
9.5 Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the Registry to register your desired name.
9.6 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 Registry but will not be obliged to take part in any such dispute.
9.7 We shall not release any domain to another provider unless full payment for that domain has been received by us.
9.8 We may charge up to £80 to transfer domains away to another provider that we have registered on behalf of clients at client request only.
14 Day Money Back
10.1 Customers are entitled to a full refund within 14 days of the initial order being placed. This will be issued in the same method as originally used by the customer.
10.2 The 14 day money back guarantee does not apply to domain name registrations or if the account has breached these terms and conditions prior to cancellation. In addition the 14 day money back guarantee does not apply and will not be issued if 50% or more of allocated data transfer has already been used on the web hosting account.
11.1 We reserves the right to add, delete, or modify these Terms and Conditions, our hosting packages, prices and website at any time with notice communicated via WWW with an announcement in the online support forums and/or customer billing account announcements section. All customers are encouraged to check this document at least once a month to ensure they are aware of any changes.