Legal


Terms Of Use

Upon signing up for Hostway’s services, all customers agree to comply with Hostway’s Terms of Use (“TOU”). The spirit of the TOU is to ensure customers are using Hostway’s services with due regard to the rights of other Internet users and in conformity with the requirements of Hostway’s network environment. The TOU are not exhaustive and Hostway reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.hostway.com or notification of the modified TOU. Any complaints about a customer’s violation of the TOU should be sent to abuse@hostway.co.uk

Main Sections

(A) All Hostway Customers
(B) Hostway Web Hosting & E-commerce Customers
(C) Hostway Dedicated Server Customers

(A) All Hostway Customers

Acceptable Use / Customer Responsibility

Customers are required to use the Hostway network responsibly. This includes any services customers decide to run on shared or dedicated servers within the Hostway network, aswell as Traffic Limitations. Where Traffic is marked as ‘unlimited’ under plan specifications, Hostway reserves the right as sole arbitor to determine what is acceptable and what is unacceptable usage. Customers responsibilities also include respecting the other customers of Hostway. Hostway reserves the right to suspend and/or cancel service with any customer who uses the Hostway network in such a way that adversely affects other Hostway customers. While Hostway may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Hostway does not monitor its customers’ communications or activities to determine whether they are in compliance with the TOU. However, when Hostway becomes aware of any violation of the TOU or other user agreements, Hostway may take any action to stop or correct such violation, including, but not limited to, denying access to Hostway’s services and equipment or to the Internet. In addition, Hostway may take action against a customer or a customer of such customer because of the activities of such customer. Hostway anticipates that customers who offer Internet services will cooperate with Hostway in any corrective or preventive action that Hostway deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Hostway policy and Hostway reserves the right to take any such action even though such action may affect other customers of the Hostway customer.

Actions Taken by Hostway

The failure by a customer to meet or follow any of the Terms of Use (TOU) is grounds for account deactivation. Hostway will be the sole arbiter as to what constitutes a violation of the Terms of Use. Hostway reserves the right to remove any account without prior notice. When Hostway becomes aware of an alleged violation of its Terms of Use, Hostway will initiate an investigation. During the investigation, Hostway may restrict a customer’s access in order to prevent further potentially unauthorised activity. Depending on the severity of the violation, Hostway may, at its sole discretion, restrict, suspend or terminate a customer’s web hosting account and/or pursue other civil remedies. If such violation is a criminal offence, Hostway will notify the appropriate law enforcement authorities of such violation. Hostway does not issue credits for outages incurred through service disablement resulting from Terms of Use violations. Hostway customers agree to indemnify and hold harmless Hostway from any claims resulting from the use of our services that damages them or any other party. The Hostway service is provided on an as-is-available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Hostway expressly disclaims any representation or warranty that the Hostway service will be error-free, secure or uninterrupted. No oral advice or written information given by Hostway, its employees, licensers or the like, will create a warranty; nor may you rely on any such information or advice. Hostway and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Adult Content

Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content or provide links 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, or provide links to such sites.

Backup/Recovery

If a loss of data stored on Hostway’s server occurs whilst using Hostway’s services and is deemed that a loss of data is the fault of Hostway. Hostway will provide cost free backup and data recovery for lost data up until the last differential available. Hostway shall be the sole arbitor of the cause of the data loss. If the cause of the data loss is the fault of the Customer, there will be a fee of £45.00 for any data recovered.

Child Pornography

The use of Hostway’s services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Hostway is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Racial or Religious Content

The use of Hostway’s services to store, post, display, transmit, advertise or otherwise make available extreme religious or racial views is prohibited. Hostway is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of such content on, or being transmitted through, its services.

Copyright Violations

The Digital Millennium Copyright Act (“DMCA”) sets forth the requirements for valid copyright infringement notification. If you would like to notify Hostway of an infringement of your copyright, the DMCA requires that you:

1. Send your notification to Hostway ‘s designated agent. You may choose any of the following three avenues for this notification: a. Email to abuse@hostway.co.uk b. Fax to Hostway, Attention: Abuse at +44 (0)207 538 8001 c. Mail or courier to 2 Harbour Exchange Square, Docklands, London E14 9GE

2. Include in your notification the following information: a. A physical or electronic signature of the copyright owner or a person authorised to act on the copyright owner’s behalf (the “Claimant”) b. Identification of the copyrighted work(s) claimed to have been infringed c. Identification of the material claimed to infringe the copyright(s), and enough information for Hostway to locate it d. The Claimant’s name, address, and telephone number(s) e. A statement that the Claimant has a good faith belief that use of the disputed material is not authorised by the copyright owner or his agent f. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorised to act on behalf of the copyright owner

Illegal Use

Hostway servers may be used for lawful purposes only. Transmission, storage or distribution of any information, data or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation, is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorisation; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.

Additionally, in purchasing Hostway services, all Hostway customers certify that they and/or the organisation they represent in procuring services from Hostway are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ‘suspected terrorist’ as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organisations on the list contained in the Annex to Executive Order 13224 and all updates thereto. Hostway reserves the right to fine Customers who break this clause upto £5,000.00 in damages.

Modification

Hostway reserves the right to add, delete or modify any provision of its Terms of Use at any time without notice.

Payment

All payments are subject to Hostway’s Billing Policy. By supplying your credit card for the payment of Hostway charges, you authorise Hostway to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with Hostway’s Billing Policy.

Privacy

Hostway is concerned with the privacy of on-line communications and websites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Hostway urges its customers to assume that all of their on-line communications are insecure. Hostway cannot take any responsibility for the security of information transmitted over Hostway’s facilities. Additional details on privacy and Hostway’s use of customer information can be found in Hostway’s Privacy Statement.

Server and System Abuse

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Service Limitation

Hostway or its related persons shall not be held liable for any consequential, indirect, special, punitive, or incidental damages, whether foreseeable or unforeseeable, based on claims of the customer or its customers, (including but not limited to, claims for loss of data, goodwill, profits, use of money or use of the software, interruption in use or availability of data, stoppage of other work or impairment of other assets), arising out of breach of implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise, except only in the case of personal injury where and to the extent that applicable law prohibits exclusion of such liability. In no event will the aggregate liability which Hostway and its related persons may incur in any action or proceeding arising out of performance or non-performance of this agreement exceed the total amount actually paid to Hostway by the customer for the specific product or service that directly caused the damage.

Traffic/Bandwidth Overage

Customers using over their agreed monthly bandwidth allocation (calculated in GB), whilst using Hostway services will be subject to a charge (as displayed on the price list). Bandwidth will be calculated as an average across the calendar month, and will be charged in areas for its use. If you expect to use over your agreed bandwidth allocation you will be able purchase a lower pre-committed rate from our sales team.

UCE (Unsolicited Commerce Email) – SPAM

Spamming, the sending of unsolicited mass email from or through an Hostway server or using an email address that is maintained on an Hostway machine is STRICTLY prohibited. Hostway will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a website hosted on an Hostway server, or if they sell or distribute software on their website that facilitates spamming. Violators will be assessed a minimum fine of £250.00 and will face immediate suspension. Hostway also will enable precautions to monitor security and UCE on servers within European and United States guidelines.

Please report any instances of spamming from Hostway specific servers/IP’s to abuse@hostway.co.uk detailing as much information as possible, clearly identifying the source of the unsolicited email. This will then be investigated, dealt with and replied to within 24 hours.

For specific details on what constitutes spamming on on our email platforms, see para entitled Email Distribution below.

Viruses and Other Destructive Activities

Use of Hostway’s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Hostway’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

Third Party Providers

You agree that certain services may be provided by third party providers of Hostway and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.

Proxy Services

For domain name registration services where a third party provider is named in your place (“Proxy Services”), you agree that if Hostway or the third party provider does not receive a response to a communication sent to you within 48 hours of such communication being sent, then the sender of such communication may, at its sole discretion, suspend or terminate the Proxy Services. If Hostway provides the particular Proxy Services, then Hostway reserves the right to suspend or terminate any or all of the services provided to you entirely in such event.

Revocation

Hostway reserves the right to immediately suspend, terminate, transfer, or modify your domain name registration for reasons including (i) your breach of this Agreement, (ii) your use of the domain name registration services in a manner that is in contradiction of applicable laws or customarily acceptable usage policies of the Internet industry, including sending mass unsolicited commercial advertisements or otherwise spamming, making or sending threats, harassments or obscenities, (iii) your use of the domain name registration services in connection with unethical activity, (iv) Hostway’s receipt of an order from a court of competent jurisdiction or an arbitration award, or (iv) any other grounds that impose a legal risk to Hostway as determined at its sole reasonable discretion. You agree that you shall not receive any refund whatsoever for any such suspension, termination, transfer, or modification to your domain name registration.




(B) Hostway Web Hosting & E-commerce Customers

The following Terms of Use apply only to Hostway’s Web Hosting and E-Commerce customers, and supplement the terms above in section A that apply to all Hostway customers:

Background Running Programs, Scheduled Tasks and Cron Jobs*

Hostway may allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Hostway at support@hostway.co.uk so that we can arrange set-up.

CGI Scripts*

CGI script sharing with domains not hosted by Hostway is not permitted. Any CGI scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Chat Rooms*

Hostway does not allow customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, Hostway provides Java chat room software through SiteControl that meet most users’ needs and run without hindering system performance.

Databases*

Any database stored on Hostway ‘s servers shall be limited in size to 10% of the total disk space allotted for that particular domain’s plan/web hosting account.

Email Distribution

Hostway provide no total limits for personal email use, through POP3 and SMTP email functions. However, frequency of email is controlled for the prevention of SPAMMING. Email therefore, even if within our UCE guidelines, will be limited to 250 indivdual respondant emails per 30 minute period, with a maximum number of recipients per email limited to 50. Any daily overage will be charged at Hostway’s discretion. If you wish to provide mail functionality to your company on a larger scale please contact sales@hostway.co.uk to make special arrangements

IRC

Hostway does not allow IRC or IRC bots to be operated on our servers.

Multimedia Files*

Multimedia files are defined as any graphics, audio, and video files. Hostway shared web hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any website whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.

Server Resources*

Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. Hostway shall be the sole arbiter of what is considered to be a high server usage level. All shared web hosting accounts apart from Silver/Gold come with a limit of 5,000 files per account. Each block of 5,000 files after the initial 5,000 will incur an additional charge. Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Software Distribution*

Hostway ‘s shared web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@hostway.co.uk to make special arrangements.




(C) Hostway Dedicated Server Customers

The following Terms of Use apply only to Hostway’s Dedicated Server customers, and supplement the terms above in section A that apply to all Hostway customers. These are also assumed part of your dedicated server contract and SLA documentation.

Billing for Network Resources

The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer’s server to the Internet. The customer may request that the customer’s server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation

Customer Security Responsibilities

The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer’s server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer’s server and any other requirement affected by the security breach.

IRC

Hostway allows Dedicated Server customers the use of IRC inside the Hostway network as long as the use of IRC on a Hostway server does not violate any of the other terms of these TOU. As a policy, Hostway will not provide vanity IRC reverse DNS records. To enforce this policy Hostway does not turn the reverse address of IPs over to the customer. Authority over this information remains with Hostway.

* All prices exclude VAT where applicable. All plans, packages and offers are subject to terms and conditions of sale available on the site.

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