SECTION 2 – HOSTING PACKAGES
All services may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any UK or US law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening, obscene, demeaning to others or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.
Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or that link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited.
In addition, any site-selling or promoting bulk email services is not allowed.
Examples of non-acceptable content or links:
i) Pirated software;
ii) Hackers’ programs or archives;
iii) Warez sites;
iv) IRC Bots;
We will be the sole arbiter as to what constitutes a violation of this provision.
2.b) Traffic Guidelines
Due to the unique resource characteristics and traffic patterns associated with certain types of sites, the following are limited to 1Gb of free traffic per month:-
i) Sub-hosting – any domain housing additional users;
ii) Shareware, sound, video, image and multimedia archives;
iii) Mirror sites;
iv) Distribution points;
v) Any site whose primary purpose is file distribution.
2.c) CGI Scripts
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that affects normal server operation without prior warning.
2.d) Chat Rooms
We do not allow clients to install their own chat rooms. These tend to use up massive system resources and we cannot allow it as an account option. We do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others.
2.e) Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
2.g) Commercial Advertising – Email
Our servers may not be the source, intermediary or destination address involved in the transmission of spam, flames or mail bombs. Your domain may not be referenced as originator, intermediary or reply-to address in any of the above. Advertising sites on other servers, which in turn contain links to a domain on our servers, is prohibited. We consider spam to be any mass unsolicited message in the mediums of newsgroups and email. If you are found to have spammed then we will immediately, without warning, disable your domain. In addition, we will impose a £100.00 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund.
2.h) Server Abuse
Any attempts to undermine or cause harm to a server is strictly prohibited.
The customer agrees to defend, indemnify, save and hold clientserv harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees, asserted against clientserv , its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless clientserv against liabilities arising out of the following:-
i) any injury to person or property caused by any products sold or otherwise distributed in connection with clientserv ‘s server;
ii) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
iii) copyright infringement.
2.j) Refusal of Service
We reserve the right to refuse or cancel service at our sole discretion.
clientserv will not be responsible for any damages your business may suffer. clientserv makes no warranties of any kind, expressed or implied, for services we provide. clientserv disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays and any or all service interruptions caused by clientserv and its employees. clientserv reserves the right to change or update its policies without notice.
2.i) Hosting minimum term
Our hosting packages come with a minimum term of 12months after any trial period. You can cancel at any time but you will be liable for the difference between what you have used and 12 months. We are bound by the same terms unless there has been a breach of this agreement where we can terminate at any point.
If any terms or conditions are not followed, this will result in grounds for immediate account deactivation.
SECTION 3 – GENERAL
3.a) Governing Law
The contract shall be governed by English law, and you and clientserv submit to the exclusive jurisdiction of the English Courts.
These Terms & Conditions, together with all amendments or modifications to it, constitutes the complete and exclusive agreement between you and clientserv, and supersedes and governs all prior proposals, terms & conditions or other communications.
Nothing contained in this Policy shall be construed as creating any agency, partnership or other form of joint enterprise between the parties. The failure ofclientserv to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver byclientserv of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms & Conditions is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of these Terms & Conditions. clientserv may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of clientserv as reflected in the original provision.
No provision of these Terms & Conditions may be amended or modified by you except by means of a written document signed by clientserv