Hosting Terms And Conditions
1. Definition of Terms
Unless otherwise stated, the following definitions apply to this document:
- “ShoutAbout Ltd” – of 21 Drovers Way, Newport, Shropshire, TF10 7XN.
- “we,” “us” and “our” are references to ShoutAbout Ltd;
- “you,” “your” and “client” are references to the person paying for services from ShoutAbout Ltd having entered into this agreement;
- “order” or “contract” means a request made by the client to us for services to be supplied subject to these terms and conditions;
- “charges” are the charges payable by the client for the provision of services.
- “work” and “the work” is the subject matter of the contract between the Client and ShoutAbout Ltd.
- “parties” relates to ShoutAbout Ltd and the Client.
- "services" are web hosting, domain name registration, outsourced support, email and other services or facilities provided by us to you;
- "web server" is the computer equipment operated by us in connection to the services provided;
- “domain name” is the root address of a website, e.g. www.webaddress.com. All such names must be registered with the appropriate naming authority, which will usually charge a fee.
- “downtime” time when the website is not accessible via the Internet. This may be because of a technical failure of the Host or because work is being carried out on the site.
- “host” is the company on whose system the Website physically resides.
- “link,” and “hyperlink” is a 'clickable' link embedded on a web page which may take the form of a graphic or text.
- “search engine” is a website which contains a directory of websites on the Internet enabling users to find websites by subject matter classification.
- “website” is a collection of web pages and associated code which forms an integrated presence.
2. Ordering Process
2.1 Order Acceptance
We reserve the right to refuse, cancel or reject any order made by the client. In such cases, a full refund will be made using the same method of payment as was originally used.
Full payment is required before any hosting service is rendered, which includes renewals. Prepayment is due each anniversary (annually) 7 days prior to renewal date (or the date the account was set up). Billing will continue until you cancel your hosting account. We do not offer credits or refunds.
The renewal period is 14 days prior to the renewal date, or 14 days from invoice issue date, whichever is the latter.
2.4 Refunds & Account Cancellations
Notification of account cancellation must be made during the renewal period. No refunds will be issued for account cancellations outside of the renewal period. If cancellation of the account is caused by the client breaching these terms and conditions, no refund will be issued. No refunds are issued for domain name registrations.
3.1 Spam / Unsolicited Mass E-mail
The sending of unsolicited commercial email (SPAM) through our web servers promoting any web site, or via third party web servers promoting a web site hosted by us, can result in the suspension or termination of the client's web hosting account, without refund. Mailing lists may be operated as long as individuals choose to subscribe to receive mailings via clear 'double opt in' methods and a strict removal procedure is published in all mailings. 'Safe lists' and other advertising related mailing lists may not be operated. Any complaints received are taken seriously and will be investigated.
3.2 Account Use
Under no circumstances must our web servers be used for the hosting or communication of, reference to or linking to any of the following:
3.2.1 nudity, pornography, anything of a sexual, lewd, or obscene nature;
3.2.2 violations of any copyright or any other right of any third party;
3.2.3 threatening, abusive, harassing, defamatory statements;
3.2.4 promotion of illegal activities (hacking, cracking, etc);
3.2.5 information or software containing or about any kind of virus;
3.2.6 hate speech or hate propaganda;
3.2.7 the collection of personal information for illegal purposes;
3.2.8 content deemed by us at our sole discretion to be harmful to us.
4.1 Payment Schedules
The client agrees to supply appropriate payment for the services received from us in advance of the time period during which such services are provided. For renewals, payment must be supplied 7 days prior to the renewal date.
All invoices will be sent via email 14 days prior to renewal date. Clients are required to pay their invoice in advance at the beginning of each payment term using an available method of your choice, within 7 days of the invoice issue date.
We reserve the right to suspend any account after 14 days have passed without due payment being received, or the renewal period has elapsed. Any added time for payment will be at our sole discretion. If accounts are not settled or ShoutAbout Ltd have not been contacted regarding the delay, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating. Following consistent non payment of an invoice a Solicitor will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
4.4 Returned Cheques
Returned cheques will incur an additional fee of £50.00 per returned cheque.
All invoices and payments are processed in GB Pound Sterling (£) and conversions will be made by the credit card company or bank of the client. Prices shown in any other currencies on this web site or other promotional material are to be treated as a guide only and may be inaccurate due to changes in the exchange rates. All clients are advised to check amounts using accurate recent exchange rates before ordering.
5.1 Regularity and Policy
Full backups are made weekly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients’ responsibility to maintain local copies of their web content and information. If loss of data occurs due to an error of ShoutAbout Ltd, we will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of the client in securing their account or by an action of the client, ShoutAbout Ltd will attempt to recover the data from the most recent archive for a £50.00 fee.
6. Resource Use
6.1 CPU and 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 client 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 web server.
6.2 Data Transfer and Web Space Allocations
Clients can request a package upgrade or temporary resource increase. It is the sole responsibility of the client to contact us in advance of requiring extra resources to prevent account suspension. In some cases, accounts are automatically suspended when their resource limits have been reached and manual unsuspension is required by us.
6.3 User may not:
a) Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
7. Client Responsibility
7.1 Contact Information
The client is responsible for keeping their contact details up to date. We cannot be held responsible for communication mix-up's as a direct result of the client's failure to update their details.
7.2 Sensitive Data
Clients are responsible for keeping their usernames, passwords and other sensitive data safe. If a breach is suspected, the client is required to request a change of login details by contacting our support staff.
8. Contact Procedure
8.1 Breach of Terms and Conditions
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 and conditions is found we reserve the right to suspend the account(s) of the client in question or disable any part of the account before contacting them. We will however make an attempt to contact the client 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).
9. Limitation of Liability
We are not responsible for any claimed damages, which may result from our web servers going offline, or being unavailable for any reason. This includes damages which may result from the corruption or deletion of data. The client agrees to indemnify, defend and hold ShoutAbout Ltd, its directors and employees harmless from any incidental, indirect, direct, special, exemplary, punitive or consequential damages whatsoever, for loss of business profits, business interruption, loss of business information, or any other monetary loss arising out of the use of or inability to use our services, or the provision of or failure to provide services.
9.2.1 We will fully cooperate 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. Clients who violate these terms and conditions may incur criminal or civil liability.
9.2.2 For clients with multiple accounts, 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.
9.2.3 We will be the sole arbiters as to what constitutes a violation of these terms and conditions. The failure by a client to meet or follow any of the above terms and conditions is grounds for account suspension or deactivation.
This Agreement shall be governed by the laws of England which shall claim venue and jurisdiction for any legal action or claim arising from the contract between ShoutAbout Ltd and the Client. The said contract is void where prohibited by law.
10.2 Survival of Contract
Where one or more terms of the said contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
10.3 Change of Terms and Conditions
These terms & conditions may change from time to time. All clients are encouraged to review this document on a regular basis to ensure they are aware of any changes.
11. Acceptance of Terms & Conditions
The placement of an order for any services offered by ShoutAbout Ltd constitutes acceptance of the above terms and conditions and forms a Contract between the client and ShoutAbout Ltd. The client agrees to the supply of the Services in accordance with these terms and conditions, acknowledges that it has read and understood these terms and conditions and agrees to be bound by them.
If you have any questions concerning the above stated terms and conditions please contact us.