Terms and of Service and Acceptable Use
Last Updated 14th May 2018
Although a seperate document, the SiteE@se Privacy Notice is an integral part of the terms of service for client accounts. It can be viewed in a new tab / window here.
This page tells you the terms and conditions on which we supply our services described on our websites www.siteease.com and www.siteease.uk to you (“Services”). Our primary services are website design ("Design Service", hosting service (“Hosting Service”) or a domain name registration and renewal service (“Domain Registration and Renewal Service”)
Please read these terms and conditions carefully before ordering any Services from our website. By ordering any of our Services, you will be bound by these terms and conditions. Refusal to accept these Terms and Conditions will result in no Services from our website being able to be ordered. We would recommend you read through the terms carefully, printing a copy of your records if required.
1. INFORMATION ABOUT US
1.1. www.siteeasecom is a site operated by SiteE@se Web Design(“we”, “us” and “our”), located at 24a Marian Avenue, Mablethorpe, Lincolnshire, LN12 2DZ.
Please note that by placing an order for the Services, you consent to us sending to you our regular newsletter by email. This forms our primary method of communicating with you and will inform you of any changes to our services, billing, planned maintenance and account access information.
1.2 Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. English is the language offered for the conclusion of the contract between us both
2. YOUR STATUS
2.1. By placing an order through our website, you warrant that:
2.1.1. you are legally capable of entering into binding contracts
2.1.2. you are at least 18 years old.
2.2. If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.
3. THE ORDER PROCESS
3.1. You can only place an order with us for Services once you have successfully registered an account with us. Information that you provide while registering an account with us must be complete and accurate. By creating an account you agree that we may block access to the account and the Services we supply if we reasonably believe that the information you have supplied is inaccurate. You must keep your user name and password private at all times and not allow anyone else to use it. You must contact us should you believe that your username or password has become known to someone else.
3.2. Before you submit an order you will be shown a summary on screen including details of the Services you have wish to order and the price payable. There will be an option to amend/correct and errors before proceeding to completion of the order.
3.3. Before being able to submit an order you will be required to register a credit or debit card. We also accept paperless direct debit, and BACS Faster Payments. However you may need to use a credit or debit card on your first order.
3.4. Once an order has bee placed, we will provide you with confirmation of the Services you have ordered. This confirmation will be sent to the email address registered to your account. Copies of previous invoices will be stored on your account.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1. After placing an order, you will receive an e-mail from us accepting your order and, if appropriate, letting you know that the Hosting Service you have purchased has been activated (“Acceptance Confirmation”). Your order constitutes an offer to us to buy our Services and all orders are subject to our acceptance.
4.2. The contract between us (“Contract”) will only be formed when we send you the Acceptance Confirmation. We may also decline your order for the Services for any reason, in which case we will tell you so.
4.3. The Contract will relate only to those Services we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Services which may have been part of your order until such Services have been confirmed.
5. OUR STATUS
5.1. We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from companies to whose website we have provided a link on our website will be of satisfactory quality, and any such warranties are disclaimed by us absolutely.
5.2. Any disclaimer does not affect your statutory rights against the third party seller.
6. CONSUMER RIGHTS
6.1. If you are buying as a consumer (i.e., not within the course of your business), ordinarily, the Consumer Contract Regulations 2013 allow you to cancel the Contract at any time within 14 working days, beginning on the day after you received the Acceptance Confirmation.
6.2. However, by placing your order for the Services, you agree to us starting supply of those Services before the end of the cancellation period referred to here. As such, you will not have the right to cancel the Contract under the Consumer Contract Regulations 2013
6.3. This provision does not otherwise affect your statutory rights.
6.4 Services which may not be cancelled under the limited money back guarantee include (but are not limited to):
6.4.1. Domain Registration and Domain Registration Renewals.
6.4.2. Private SSL certificates.
6.4.3. Virtual Private Servers (VPS) and associated products.
7. PRICE AND PAYMENT
7.1. The price of any Services will be as quoted on our website (exclusive of VAT).
7.2. The total cost of your order of the Services will be set out clearly before you submit your order for the Services.
7.3. Prices are liable to change at any time. We will notify you of a change in our prices at least 14 days before the price increase comes into force. If you do not cancel you will be deemed to have accepted the new prices, and they will be charged to your account.
7.4. Due to the number of Services offered for sale, it is possible that despite our efforts some Services may be incorrectly priced. We deal with these situations accordingly:
7.4.1 Where a Service’s correct price is less than our stated price, we will charge the lower amount when accepting your order;
7.4.2 If a Service’s correct price is higher than the price stated on our website, we will normally, contact you for instructions before accepting your order; and
7.4.3 We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you an Acceptance Confirmation
7.5. We reserve the right to seek to recover any outstanding amounts due by you by other means, including referring the debt to an external debt recovery agent if necessary. If this method is sought, you may become liable for additional fees and charges and you agree to pay such charges in addition to the outstanding amount owed to us.
7.6. Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds. If your chosen method of payment is not authorised by your credit card provider or bank, you hereby authorise us to seek payment from any other credit card, debit card or direct debit registered against your account.
7.7. If we fail to authorise payment your account and / or Services may be suspended.
8.1. We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us through our website will be provided with reasonable care and skill.
8.2. We will not be liable for a breach of the warranty provided above unless:
8.2.1. you give written notice of the breach to us
8.2.2. we are given a reasonable opportunity after receiving the notice of examining our provision of the Services to you
8.2.3. the problem arises because you failed to follow our oral or written instructions as to the use of the Services (if there are any)
8.2.4. you alter the Services without our written consent
8.2.5. the problem arises because of misuse
8.3. If we are in breach of the warranty in accordance with the clause above we will, use all reasonable commercial efforts to remedy the breach promptly or refund the price of the Services at the pro rata Contract price.
8.4. By accepting these terms, you acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out on our website or otherwise confirmed in writing by us. Nothing in this clause will exclude or limit our liability to you for fraudulent misrepresentation.
9. ACCESS TO THE HOSTING SERVICE
9.1. It is your responsibility to ensure that necessary arrangements for access to our Hosting Services are in place.
9.2. You are also responsible for ensuring that all persons who access our Services through your Internet connection are aware of these terms and conditions (and in particular our acceptable use policy).
10. HOSTING SERVICE SERVICE LEVELS
10.1. We do not warrant access to our servers will be uninterrupted or error free but we shall use reasonable endeavours to keep downtime to a minimum.
11. IP ADDRESSES
11.1. You will have no right, title or interest in any internet protocol address (“IP address”) allocated to you throughout use of upon the expiry or termination of Services.
11.2. Any IP address allocated to you is allocated as part of the Hosting Service you purchased and is not portable or otherwise transferable by you in any manner whatsoever.
11.3. If an IP address is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you.
12. BACK-UP OF YOUR MATERIAL AND OUR SERVERS
12.1. It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload onto our servers as part of your use of the Hosting Services. We provide free tools to make website and database backups in our control panels. In the event of loss of or damage to your material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure.
12.2. We will follow our archiving procedures for the data stored on our servers.
12.3. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.
13. HOSTING SERVICE USAGE LIMITATIONS
13.1. The Hosting Service package you order includes the per calendar month bandwidth allowance applicable to that hosting package as this is set out on this website at the time of your order.
13.2. The Hosting Service you have ordered will be automatically suspended if this monthly bandwidth allowance is exceeded. If this happens, you may upgrade your Hosting Service package to one which includes a higher monthly bandwidth allowance, or wait for the Hosting Service to resume at the start of the following calendar month. You can monitor your monthly bandwidth usage in our control panel.
13.3. Unless the Hosting Service package you order includes a virtual private server, you will only be allowed to use a maximum of 10% of our server’s processing capacity when using the Hosting Service package you order.
13.4. We may allow your usage to exceed this CPU limitation, and we will speak to you about your hosting requirements if your usage has a detrimental effect on our other customers. Please note that this right is at our absolute discretion,
13.5. The Hosting Service package you order includes the number of mailboxes applicable to that hosting package as this is set out on our website at the time of your order.
13.6. Any mailboxes that have not been accessed for 100 clear days may be deleted from our system.
13.7. When using the Services, you must comply with our Terms of Website Use and our Acceptable Use Policy. Any conflict between our terms of website use and these terms and conditions, will be resolved in favour of these terms and conditions.
14.1. We will help resolve any problems you have with the Services you are receiving. We will not provide programming support to you, but, as part of our Hosting Services, our servers are compatible with many programming languages.
14.2. We do not provide telephone technical support unless you are a customer that has commissioned a website design and purchased a support plan . Support is provided via online support ticket.
15. DOMAIN NAMES
15.1. Where the Contract includes our Domain Registration and Renewal Service:
15.1.1. we will endeavour to procure the registration of the domain name you request
15.1.2. we will not be liable in the event that the relevant domain name registry refuses to register the domain name you request, or subsequently suspends or revokes any registration for that domain name.
15.1.3. we shall not act as your agent or on your behalf in any dealings with domain name registry.
15.1.4. the registration of the domain name you request and its ongoing use is subject to the relevant domain name registry’s terms and conditions of use which you should consider.
15.1.5. you are responsible for ensuring that you are aware of the terms so that you can comply with them.
15.1.6. the domain name you request will only have been successfully registered when you appear as the registrant on the appropriate “whois” database of the top level domain name registrar.
15.1.7. we shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to be registered, and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may or is likely to be in bad faith, breach of the provisions of these terms and conditions or any legal or regulatory requirement.
15.1.8. you confirm and warrant that you are the owner of any trade mark in any domain name (or have the authority of the owner of any trade mark to use such name) that you have requested be registered.
15.2. You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you, or otherwise authorised by you, for use as a domain name in connection with any website in relation to which the Hosting Service supplied to you is used.
15.3. Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. We will send you renewal notices 30 days and 7 days before the renewal date of your registered domain name. These notices will be sent to the email address then registered against your account.
15.4. You hereby authorise us to automatically renew the domain name for you unless you have cancelled the Domain Registration and Renewal Service in accordance with these terms and conditions.
15.5. The price for the renewal will be as set out in the renewals page of the customer administration area and will be charged against one of the payment methods then registered against your account.
15.6. You acknowledge and agree that we may place a number of locks on any domain registered with us either at the time of registration or at any time thereafter and without further notice to you.
16. INTELLECTUAL PROPERTY RIGHTS
16.1. You, retain all intellectual property rights in your material, and you grant to us a worldwide, non-exclusive, royalty free licence to use, store and maintain your material on our servers and publish it on the Internet for the purpose of providing the Hosting Service to you.
16.2. You warrant that your material does not infringe the intellectual property rights of any third party and you have the authority to grant the licence to us. We may make such copies as may be necessary to perform our obligations, including making back-up copies of your material.
16.3. You will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services or of any claim or action that your material infringes, or allegedly infringes, the intellectual property rights of a third party.
16.4. If you download software from our website, we grant you a non-exclusive, non-transferable royalty free licence to use that software for the purpose set out on our website in relation to that software. Such licence will automatically terminate when we terminate providing the Hosting Services to you.
16.5. Any third party software that you download from our website shall be licensed to you on the standard software licence terms of the owner of the intellectual property rights in that third party software as those licence terms are notified to you at the time you download such software.
16.6. We retain all intellectual property rights in the Hosting Services (other than in your material) and our software. You must not decompile, disassemble the Hosting Services or our software.
16.7. We will defend you against any claim that the Hosting Services infringe any United Kingdom intellectual property rights of a third party, and shall indemnify you for any amounts awarded against you in judgment or settlement of such claims, provided that:
16.7.1. you give prompt notice of any such claim.
16.7.2. you make no admissions or settlements without our prior written consent.
16.7.3. you provide reasonable co-operation to us in the defence and settlement of such claim, at your expense.
16.7.4. we are given sole authority to defend or settle the claim.
17. OUR LIABILITY
17.1. We do not monitor and will not have any liability for your material or any other communication you transmit by virtue of the Hosting Services.
17.2. Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider
17.3. No guarantee or representation is given that the Hosting Services will be free from security incidents or unauthorised users.
17.4. All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.
17.5. We do not exclude or limit in any way our liability:
17.5.1. for death or personal injury caused by our negligence;
17.5.2. under section 2(3) of the Consumer Protection Act 1987
17.5.3. for fraud or fraudulent misrepresentation
17.5.4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
17.6. We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:
17.6.1. loss of income or revenue.
17.6.2. loss of business.
17.6.3. loss of profits or contracts.
17.6.4. loss of anticipated savings.
17.6.5. loss of goodwill.
17.6.6. loss of software or data.
17.6.7. wasted expenditure (such as pay per click advertising costs).
17.6.8. wasted management or office time.
17.7. Subject to these terms and conditions, our maximum aggregate liability under or in connection with the performance or contemplated performance of the Contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the price you have paid to us for the Services during the 12 months preceding the event giving rise to the liability in question.
17.8. You are advised to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services (in particular the Hosting Service).
17.9. Where you buy any product or service from a third party seller through following a link on our website to such third party’s website, the seller’s individual liability will be set out in the seller’s terms and conditions. You should consult such terms and conditions.
18. DURATION OF THE SERVICES AND CANCELLATION
18.1. The part of the Contract relating to our Domain Registration and Renewal Service will commence on the date we send you our Acceptance Confirmation. It will continue until:
18.1.1. we have registered the domain name you have requested (the “Domain Name”) and you subsequently ask us not to renew the registration of your Domain Name
18.1.2. we terminate the supply of our Domain Registration and Renewal Service by notice to you because:
126.96.36.199. the Domain Name is no longer available for registration
188.8.131.52. you are in breach of the terms and conditions herewith
184.108.40.206. of some other reason preventing the registration of the Domain Name.
18.2. If we terminate the Domain Registration and Renewal Service under the clauses of this agreement, we will refund the price you have paid for the Domain Registration and Renewal Service to the credit card, debit card or other account you used to make the payment.
18.3. That part of the Contract relating to Services other than our Domain Registration and Renewal Service will commence on the date we send you our Acceptance Confirmation. Unless such Services are terminated as provided for in this clause they shall continue for the minimum period of time that applies to the Service you have purchased (“Minimum Term”). After expiry of the Minimum Term, they will continue on a month, quarterly or annual basis, depending on the period selected for payment on purchase until terminated:
18.3.1. by you, as a Consumer, informing us of your decision to cancel the Contract by a clear statement. This should be via online support ticket at least 30 days prior to the next service renewal date
18.3.2. by you, as a Business customer, informing us of your decision to cancel the Contract. This should be via online support ticket
18.3.3. by us giving to you at least 30 days advanced notice in writing sent to the then current email address registered against your account
18.3.4. by exercising your right as a Consumer, to cancel the Contract(s) within the “cooling off period” i.e. within 14 days of purchase.
18.3.5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. We request that you do this at least two working days before the cancellation date. Please note that the Cooling Off period only applies to Consumers, not Business Customers.
18.4. As part of our cancellation process, you must re-confirm your cancellation request via our support ticket system or we will continue to supply the relevant Services and your cancellation will be ineffective. You cannot cancel any of your Services by letter, email or telephone.
18.5. The price for Services we supply under Contracts shall be charged monthly, quartery or annually in advance directly to a credit card, debit card, paperless direct debit or other payment method registered against your account. Such payment will be taken on the same date of a month (or if no such date occurs then on the last day of the month) as on which the Services had originally commenced (“Payment Date”) unless or until you cancel the Services in accordance with these terms and conditions.
18.6. We will not provide you with a refund for a cancellation that is part-way through a billing period.
18.7. Without prejudice to any other right to terminate or suspend the Services we may have under these terms and conditions, our Terms of Website Use or our Acceptable Use Policy we may terminate the Contract at any time by giving you 30 days’ advance notice by emailing you at the email address registered against your account.
18.8. If we cancel the Services, we will refund to you the price you have paid for the Services on a pro-rata basis for the unexpired Minimum Term
18.9. Notwithstanding anything to the contrary in these terms and conditions, if you are in breach of an obligation of these terms and conditions we may terminate the Contract by 7 days’ notice to you.
18.10. Expiry or termination of the Contract shall be without prejudice to any rights and liability of either of us arising in any way under that Contract as at the date of expiry or termination.
19. DELETION OF YOUR DATA
19.1. If you cancel your Services, any data we hold or host in relation to the Services you have cancelled will be immediately and permanently deleted from our system.
19.2. Accordingly, you are strongly advised to make appropriate copies of such data before you cancel your Services.
20. ADDITIONAL TERMS
20.1. Additional terms and conditions may apply for our offers. If so, you will be advised of them at the relevant point.
21. WRITTEN COMMUNICATIONS
21.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic.
21.2. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
22.1. All notices given by you to us must be given though our online system.
22.2. We may give notice to you at either the then current e-mail or postal address registered against your account with us.
23. THIRD PARTY RIGHTS AND TRANSFER OF RIGHTS AND OBLIGATIONS
23.1. Neither you nor we intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
23.2. The Contract is binding on you and us and on our respective successors and assigns.
23.3. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
23.4. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
24. EVENTS OUTSIDE OUR CONTROL
24.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
24.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
24.2.1. misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
24.2.2. strikes, lock-outs or other industrial action;
24.2.3. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
24.2.4. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
24.2.5. impossibility of the use of public or private telecommunications networks; and
24.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
24.3. Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
25.1. If we fail, at any time during the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
25.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
25.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
26.1. If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
27. ENTIRE AGREEMENT
27.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
27.2. We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
27.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
28. CHANGES TO OUR TERMS AND CONDITIONS
28.1. We have the right to revise and amend these terms and conditions from time to time.
28.2. You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
29.3. No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.
ACCEPTABLE USE POLICY
To report junk email or abuse issues please email email@example.com.
This acceptable use policy governs your use of the services we provide (“Hosting Services”). Your use of the Hosting Services means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms and conditions. SiteE@se may modify this Acceptable Use Policy at any time without notice.
You must not allow a third party to access or use the Hosting Services. If you have purchased one of our reseller hosting packages, you can allow a third party (a “Third Party”) to access or use the Hosting Services. If you do so, they will also be regulated by this acceptable use policy. As such, you will monitor the use of the Hosting Services by a Third Party and you will procure that they abide by this acceptable use policy. A breach of this acceptable use policy by a Third Party will be deemed to be a breach of this acceptable use policy by you.
A. RESOURCE USAGE
1. The Shared Hosting Services comprise the provision of web space on our servers to enable you to upload pages and files for the purpose of publishing websites.
2. The Shared Hosting Services allow you ‘unlimited’ server space for normal routine “non-file-distribution” web usage. For websites that allow downloading of video, audio or other files we reserve the right to impose a bandwidth limit of fifty (50) gigabytes per calendar month.
3. Non-file-distribution usage will remain unaffected by any limit imposed on downloading of video, audio or other files.
4. In your use of the Shared Hosting Services (other than where you are using your own virtual private server), you may not:
a. use more than 10% of our platform's processing capacity. There are numerous activities that could cause such problems, including (but not limited to) CGI scripts and intensive FTP, PHP or HTTP operations
b. run stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCd
c. run any type of web spider or indexer; including (but not limited to)
d. run any software that interfaces with an Internet Relay Chat network
e. run any bit torrent application, tracker, or client. You may link to legal torrent files off-site, but may not host or store them on our servers
f. participate in any file-sharing/peer-to-peer activities
g. run any gaming servers
h. run entries or other scheduled tasks other than by configuring them through our control panel
i. give away web space under a domain (including Resellers giving away free websites)
j. operate a proxy website or service
k. as a remote file host for other websites
l. operate self-hosted file sync or similar "cloud storage" based services including (but not limited to) OwnCloud, Pydio and Sparkleshare.
5. You must not use the Hosting Services as an offsite backup facility. Therefore, all files uploaded to our servers as part of your usage of the Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to operate the website of which they form part; We reserve the right to delete files or directories that are not web-visible without giving notice to you.
6. All pages of website stored on our servers as part of the Hosting Services will be available to search engines unless you take action to prevent this. If you wish to optimise your web pages for search engines you agree to use coding and techniques which comply fully with the guidelines issued by Google, Bing, Yahoo and other large search engines.
7. MySQL Databases are limited to 1024 megabytes in size, when they reach this size we will notify you.
8. If you are a Reseller and deactivate a resold web hosting account we will delete it after 50 days.
B. PROHIBITED USES
1. You may use the Hosting Services only for lawful purposes. You may not use the Hosting Services:
a. in any way that breaches any applicable local, national or international law or regulation
b. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
c. for the purpose of harming or attempting to harm minors in any way
d. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below)
e. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (also known as SPAM - see below)
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware
C. CONTENT STANDARDS
1. These content standards apply to any and all material that you allow to be hosted through the Hosting Services and to any interactive services associated with it.
2. You must comply with the spirit of the following standards. The standards apply to each part of any Material as well as to its whole.
3. Material must:
a. be accurate (where they state facts)
b. be genuinely held (where they state opinions)
c. comply with applicable law in the UK and in any country from which they are posted
4. Material must not:
a. contain any material which is defamatory of any person
b. contain any material which is obscene, offensive, hateful or inflammatory
c. contain any material that is pornographic
d. promote violence
e. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
f. infringe any copyright, database right or trade mark of any other person
g. be likely to deceive any person
h. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
i. promote any illegal activity
j. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
k. be likely to harass, upset, embarrass, alarm or annoy any other person
l. be used to impersonate any person, or to misrepresent your identity or affiliation with any person
m. give the impression that they emanate from us, if this is not the case
n. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse
D. ZERO TOLERANCE SPAM POLICY
1. We take a zero tolerance stance against the sending of unsolicited email, bulk emailing and spam. We may terminate the account of any user who send out spam with or without notice
2. Websites advertised as spam may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging or newsgroups. Any user account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
3. SiteE@se reserves the right to require changes or disable as necessary any website, account, database or component that does not comply with our policy
4. SiteE@se reserves the right to charge the holder of the account used to send any unsolicited email, a clean-up fee or any charges incurred for blacklist removal at our sole discretion
You agree not to re-sell or offer for the use of third parties any part of our Hosting Services
F. SUSPENSION AND TERMINATION
1. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Hosting Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.
2. Failure to comply with this acceptable use policy constitutes a material breach of the our terms and conditions of sale upon which you are permitted to use the Hosting Services, and may result in our taking all or any of the following actions:
a. immediate, temporary or permanent withdrawal of your right to use the Hosting Services
b. immediate, temporary or permanent removal of any Material (as defined in paragraph 5.1) uploaded to our servers
c. issue of a warning to you
d. issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
e. further legal action against you
f. disclosure of such information to law enforcement authorities as we reasonably feel is necessary
G. CHANGES TO OUR ACCEPTABLE USE POLICY
1. We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.