Web Hosting Terms
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Terms and Conditions
1.1 Definitions Unless otherwise stated, the following definitions apply to this document: – “we,” “us” and “our” are references to KD Hosting Ltd; – “you,” “your” and “client” are references to the person paying for services from KD Hosting having entered into this agreement; – “services” are web hosting, domain name registration, reseller rights, 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; – “order” 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. Details of which can be found at http://www.kdhosting.uk and may from time to time vary.
1.2 Include The words “include” and “including” are to be construed without limitation.
1.3 Headings The headings in this document are for convenience only and shall not affect the interpretation of these terms and conditions.
2. Ordering Process
2.1 Order Acceptance We have not accepted a client application or order until an account is set-up and you receive the final ‘New Account Information’ email, including all details specific to your account. Until this time, 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. UK domain name registrations are subject to a contract with Nominet, .com, org, .net domains are subject to a contract with OpenSRS / Tucows Domains.
3.1 Money Back Guarantee
3.1.1 Clients are entitled to a full refund within 30 days of the initial order being placed. This will be issued in the same method as originally used by the client. Cases involving offline methods of payment will be refunded using a personal cheque or other online method.
3.1.2 The 30 day money back guarantee does not apply and will not be issued if more than 10% of allocated data storage has already been used on the web hosting account. This money back guarantee does not apply to domain name registrations, ssl certificates, or any other service associated with the hosting account or if the account has breached these terms and conditions prior to cancellation.
3.2 Account Cancellations After the 30 day introduction period, no refunds will be issued for account cancellations. 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.
4.1 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.
4.2 Chat Rooms Only the chat room scripts provided for the client in their control panel are allowed on our web server. Any other scripts found will be disabled and the account suspended in serious or repeat cases. An exception to this term is provided for scripts, which are FULLY applet based whereby the applet is downloaded and run from the clients system.
4.3 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:
4.3.1 nudity, pornography, anything of a sexual, lewd, or obscene nature;
4.3.2 violations of any copyright or any other right of any third party;
4.3.3 threatening, abusive, harassing, defamatory statements;
4.3.4 promotion of illegal activities (hacking, cracking, etc);
4.3.5 information or software containing or about any kind of virus;
4.3.6 hate speech or hate propaganda;
4.3.7 the collection of personal information for illegal purposes;
4.3.8 content deemed by us at our sole discretion to be harmful to us;
4.4 Banned Scripts We do not allow the use of the following scripts on our web servers: – UltimateBBS – IkonBoard – All versions of YABB forum – Proxy scripts – IRC scripts – Anonymizer – Chat rooms not included as standard in cPanel (see 4.2) – phpShell and similar command execution scripts – Webmail module of PHP-Nuke – Form Mail
5.1 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.
5.2 Invoices All invoice notifications will be sent via email and a printable version made available in the client control panel. Clients are required to pay their invoice in advance at the beginning of each payment term using an available method of your choice, due date is the 8th of Every Month, invoice will be sent 7 days before due date. Payment will be taken on or around the due date from your saved credit/debit card, setup during ordering or your account.
5.3 Bank Charges Clients 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 the bank account or credit card, or as a result of failed transactions.
5.4 Suspension We reserve the right to suspend any account after 6 working days have passed after due date. Any added time for payment will be at our sole discretion. We shall also add a late payment fee for extra admin work required.
5.5 Currencies All invoices and payments are processed in GB Pound Sterling (£) and conversions will be made by the credit card company 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.
6.1 Regularity and Policy We do not provide any backups of our servers. If you require backups, these services can be purchases separately or configured manually via cPanel.
7. Resource Use
7.1 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.
7.2 Data Transfer and Web Space Allocations Clients can request a package upgrade or temporary resource increase at the costs available to view on our web site at http://www.kdhosting.uk. 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.
8. Client Responsibility
8.1 Contact Information The client is responsible for keeping their contact details up to date in their billing control panel. We cannot be held responsible for communication mix-up’s as a direct result of the client’s failure to update their details.
8.2 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.
9. Contact Procedure
9.1 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).
10. Limitation of Liability
10.1 Indemnification 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 KD Hosting 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.
10.2.1 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.
10.2.2 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.
10.2.3 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.
11.1 Modification We reserve the right to add, delete, or modify these terms and conditions, our hosting packages, prices and web site at any time with notice provided via our web site and announcements in our forum and/or client control panel(s). All clients are encouraged to review this document on a regular basis to ensure they are aware of any changes.
KD Hosting has created this Acceptable Use Policy (AUP) for hosting customers KD Hosting ltd has created this Acceptable Use Policy (AUP) for hosting customers to protect our resources, and the resources of our customers and peering networks in order to provide a high speed network, high availability services and to ensure that KD Hosting comply with all relevant UK laws. This AUP must be read in conjunction with our Terms and Conditions. It is the responsibility of all customers of the KD Hosting network and services to ensure that they comply with the latest edition of the AUP at any given time. This AUP may be revised, without notice, at any time, at the sole discretion of KD Hosting. Completion of the relevant application form, or connection to the service for the first time, is deemed to be an agreement to our Terms and Conditions and this AUP. In the event of a breach of this policy, KD Hosting reserve the right to terminate all or part of any service with immediate effect, without recompense, and delete any files held on our servers. If you have any questions about any of our policies, please contact the Customer Service Team at: email@example.com
Compliance with UK Law
It is an offence under UK law to transmit, receive or store certain types of files. Customers may not use our services to engage in activities, or store, transfer or receive material of an indecent, offensive or otherwise illegal nature. Any such activities may result in prosecution by the UK authorities under the relevant Criminal Acts including but not limited to the Computer Misuse Act 1990, the Protection of Children Act 1978, the Criminal Justice Act 1988 and the Prevention of Harassment Act 1997. It is also a criminal offence under UK law to knowingly infringe intellectual property rights, such as copyright, patents, database rights and registered trade marks. Customers are reminded that sharing copyright material through the use of peer to peer software may consequently constitute a criminal offence if done without permission of the right owner in question. KD Hosting will co-operate with any agency or rights holder wishing to assert their rights in these matters and KD Hosting reserve the right to withdraw service under such circumstances. The Data Protection Act 1998 imposes numerous duties on any organisation that processes personal data relating to third parties. Failure to comply with many of these duties constitutes a criminal offence. Customers who are not merely processing personal data for domestic (including recreational) reasons are reminded of their likely duty to register with the Information Commissioner.
Under the Electronic Commerce (EC Directive) Regulations 2002, KD Hosting is in general not liable to any criminal or pecuniary penalty for any unlawful acts carried out using our service unless we have actual knowledge of those unlawful acts. Accordingly, if we become aware of credible evidence that a customer has carried out any unlawful acts we will take preventative measures to bring those acts to an end.
Compliance with foreign law
The Internet is global in reach. Consequently it is possible for anyone using the internet to break the laws of foreign countries. Customers are therefore advised to take all reasonable steps to avoid breaching relevant foreign laws.
Warranties and Disclaimers
Our service warranties and the extent of our liability are explained fully in our Terms and Conditions. By connecting to the KD Hosting network, Customers agree to hold KD Hosting harmless in the event of any legal claim regarding our services.
Customer acknowledges that they have a responsibility to ensure that their connection is not used in an irresponsible manner. KD Hosting deem irresponsible use of the services to include, but not be limited to, sending unsolicited e-mail (“spamming”), attempting to breach the security of a 3rd party machine, and flooding Usenet by placing a single post in a large number of newsgroups. In the event that a customer’s services are used for any purpose that KD Hosting deem irresponsible then KD Hosting reserve the right to suspend service while the usage is investigated in consultation with the customer. Should investigation determine that the service has been used irresponsibly, KD Hosting reserve the right to terminate the customer’s account with immediate effect. Wherever possible the customer will be notified in advance of any termination.
Security and privacy
Login names and passwords must be kept secret and not be communicated to any third party. KD Hosting must be notified immediately if they are compromised. If a customer forgets or loses their password, they will need to contact support to have it changed. Customers are responsible for all traffic that is sent from their server. It is therefore the customer’s responsibility to ensure that all software is virus-free and up-to-date with all relevant security patches. In particular, server software running on public-facing ports, such as mail servers and proxy servers, must not be remotely exploitable. If KD Hosting find malicious traffic emanating from a customer’s server, KD Hosting have an obligation to our other customers and peering networks to take urgent measures to block that traffic. In many cases, this can be achieved by selective port blocking, but in other cases, this will involve disconnecting and suspending the account until the issue has been resolved. KD Hosting understand that in many cases a customer may not be responsible for or aware of the problem, and therefore KD Hosting will work with the customer to resolve the issue as efficiently as possible to restore normal service.
Customers may not use KD Hosting services to send unsolicited commercial e-mail (UCE, also known as ‘Spam’). KD Hosting will block the mail services of any customer found to be sending such mail. Customers may not have “open mail relays”. KD Hosting will close the relay or connection of any customer found with an open mail relay. Opt-in mailing lists are allowed, where it can be proved that subscribers did opt-in and that a suitable opt-out mechanism is available. KD Hosting reserve the right to remove any mail older than 60 days from shared mail servers. It is the customer’s responsibility to ensure that mail is regularly collected and removed from KD Hosting’s POP3 server. KD Hosting strongly advise against the use of the POP3 option to keep mail on the server. If a POP3 mailbox contains an excessive amount of mail, KD Hosting reserve the right to remove older mails from the mailbox to reduce its size. If Clients have not logged into any mailbox provided by KD Hosting within a 6 month period this may result in the deletion of the mailbox.
By uploading to the services, the customer will be deemed to have accepted and agreed to the Terms and Conditions of use of the Web space service. The Customer will be responsible for the content of their website, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law. KD Hosting reserve the right, without notice or explanation, to remove material which does not comply with this AUP or our Terms and Conditions, such as material of an adult nature or pirated software. KD Hosting reserve the right to suspend any or all of the service at any time, without prior notice, explanation, or recompense. Customers will be held solely responsible for any defamatory, confidential, secret or other proprietary material made available via their website. KD Hosting reserves the right to suspend any sites containing such material. Customers must be careful when using peer to peer networking software to ensure that they do not download or transfer material which they do not have the right to download or transfer. You may not use our services in any way that would disrupt, impair, or interfere with our servers or with other customers’ use and enjoyment of our services. This includes, but is not limited to, employing applications such as Shoutcast and Minecraft utilities that consume excessive CPU time, memory or storage space. Any file you store on the Server will be reachable via a hyperlink from a page. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum. The use of web cam applications that maintain a constant FTP connection uploading an image at regular intervals is forbidden. Should your use of our services result in an overly high load on our servers in our sole discretion, we may suspend your account until the cause of any such overload is determined and resolved, or we may terminate your account if we believe that the situation cannot be satisfactorily resolved. Abuse of an “unlimited” service (e.g. bandwidth or hosting) to the extent that it detrimentally affects other customers’ services will be treated in the same manner, such abuse to be assessed and decided upon at KD Hosting’s sole discretion. We ask customers who intend to use high volumes of data to first discuss their requirements with our Sales Team. Login names and passwords must be kept secret and not communicated to any third party, except for agencies, such as Webpage designers, working on the customer’s behalf. KD Hosting must be notified immediately if they are compromised. If someone were to gain access to a customer’s account password, they could tamper with files held on the customer’s website. The customer has sole responsibility for ensuring that any data is suitably backed-up. KD Hosting will not keep backups of customers’ websites. KD Hosting will accept no responsibility whatsoever for loss of data or information resulting from the use of this service. If the account is suspended for any reason, such as non-payment, access to the customer’s website, both for viewing and uploading, may also be suspended. On closing an account, the relevant data on this Web space will be deleted.
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