Terms and Conditions of Hosting Service
- Content
- Intellectual Property Rights
- Network Security
- Defamation
- Refusal of Service
- Spam Or Unsolicited E-Mail
- Abuse
- Indemnification
- Server Management
- Refunds Policy
- Disclaimer
1. Content
All services provided by f5HOSTING may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless f5HOSTING from any claims resulting from the use of the service which damages the subscriber or any other party. Distribution and/or Transmission of Obscene or Indecent Speech or Materials, violation of indecency and obscenity laws can result in criminal penalties.
2. Intellectual Property Rights
Material accessible to you through f5HOSTING's Services may be subject to protection under United Kingdom (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the f5HOSTING Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the f5HOSTING Network. If you use a domain name in connection with the f5HOSTING Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
3. Network Security
Customers may not use the f5HOSTING Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. f5HOSTING will co-operate fully with investigations of violations of systems or network security at other sites, including co-operating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
4. Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
5. Refusal of Service
f5HOSTING reserves the right at its sole discretion to refuse or cancel service. Violation of any of f5HOSTING's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy violations are released to the customer at the end of there hosting period.
6. Spam Or Unsolicited E-Mail
You must not use the f5HOSTING Network, f5HOSTING equipment or any f5HOSTING e-mail address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited e-mail messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the f5HOSTING Network, f5HOSTING equipment or any f5HOSTING e-mail address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, f5HOSTING reserves the right to disable your domain/site without warning. In addition, f5HOSTING may impose a penalty for each spam policy violation. f5HOSTING solely reserves the right to refuse or cancel service to known spammers. Lastly, f5HOSTING reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
7. Abuse
Attempts to undermine, slander, libel, threaten, or cause harm to a f5HOSTING server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.
8. Indemnification
Customer agrees that it shall defend, indemnify, save and hold f5HOSTING (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against f5HOSTING, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless f5HOSTING against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with f5HOSTING server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of f5HOSTING to the amount paid for service.
9. Server Management
f5HOSTING defines server management as general maintenance and standard administrative duties of up to 3 hours per month. Additional management work over this 3-hour inclusive period incurs a service fee based on a £45/hour labour rate, billed in half-hour increments with a half-hour minimum charge. f5HOSTING will make all reasonable efforts to satisfy the customer's requests for technical and/or administrative changes to the customer's servers. Certain tasks, such as repairing software/system faults caused by the customer, or installing certain additional software packages, may, at the sole discretion of f5HOSTING, incur a service fee based on an £40/hour labour rate, billed in half-hour increments with a half-hour minimum charge.
10. Refunds Policy
Customers may cancel their account at any time - refunds for months not used are deducted from the yearly cost of hosting and is paid up to 50% (6 months) of the full hosting period (the maximum 50% refund policy is to cover the costs of transferring in and/or registered domain expenses plus the assitance in transferring and 'releasing' all domains and website data). Invoicing is on a yearly basis. We do not offer any kind of 'money back' guarantee.
11. Disclaimer
f5HOSTING will not be responsible for any damages your business may suffer. f5HOSTING makes no warranties of any kind, expressed or implied for services we provide. f5HOSTING disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by f5HOSTING and its employees. f5HOSTING makes no "uptime" guarantees. f5HOSTING makes backups of key server systems and site data regularly for its own and clients protection.
Finally, f5HOSTING wishes to emphasise that in accepting services, customers indemnify f5HOSTING for the violation of any law or f5HOSTING policy, which results in loss to f5HOSTING or the bringing of any claim against f5HOSTING. This means that if f5HOSTING is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against f5HOSTING, plus costs and reasonable legal fees.
Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation. f5HOSTING reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.