These
terms and conditions form the basis of your contract
with Hostroute.com Ltd so please read them carefully.
Who
this affects
If
you order services from Hostroute.com Ltd or any
of its brands you are bound by these terms and conditions.
If you are reselling our services then these terms
and conditions also apply to your customers so you
should make them aware of them.
How
to agree to these terms and conditons by the customer
During
the ordering process you were asked to read and
agree to these terms and conditions. By submitting
your order to Hostroute.com Ltd or its associated
brands, you signify your agreement to them.
If
you do not agree to these Terms
Then
please don't submit an order.
Why
we need terms and conditions
Hostroute.com
provides services to many customers. We have a responsibility
to protect our services from the adverse effects
of other peoples activites. We also have a responsibility
to ensure that our customers web sites and email
services are available for them to use. This means
that we need to limit customers activities to those
which are compatible with running a reliable and
safe service.
The
following terms and conditions were designed to
ensure these obligations are met.
Arbitration
Hostroute.com
will be the sole arbiter as to what constitutes
a violation of the provisions described in this
document.
Length
of contract
If
you pay your web hosting account monthly then your
contract runs for one month and is renewed for another
month when you make your next months payments. If
you pay annually then your contract runs for 12
month from the date you first ordered. Details of
how to cancel the contract can be found below.
Server
abuse
Any
attempt to undermine or cause harm to a server,
or customer, of Hostroute.com is strictly prohibited. Offenders
will be prosecuted to the fullest extent of the
law.
The
content of your web site
All
services provided by Hostroute.com Ltd 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 International
laws is prohibited.
The
following list is not exhaustive, but it
will indicate the sort of material you are not permitted
to host:
- copyright
material.
- MP3
files containing copyright music, unless you created
the music yourself and own the copyright.
- material
we judge to be threatening or obscene.
- material
protected by trade secret and other statute.
- pornography
and sex-related merchandising, including sites
that links to such content.
- pirated
software, also known as warez.
- hacker
programs or archives, including sites that links
to such content.
- hate
propaganda.
- products
designed to defraud others, e.g. satellite hacking
equipment.
- promotion
of illegal activities.
- content
that may be damaging to our servers or any other
server on the internet.
- Web
sites promoted by spam or involved in spamming
or selling spam related software or bulk email
lists.
- IRC
or IRC bots.
If
you are unsure whether or not your site falls into
these categories feel free to contact
us with a description before you sign up for
an account or publish material as an existing customer.
The
content of your emails
Spam
is "Unsolicited junk e-mail sent to large numbers
of people to promote products or services".
We
have a zero tollerance policy towards spam and we
monitor our mail servers to ensure they are not
being used for spamming. If we allowed customers
to spam then our mail servers would be blacklisted
and none of our customers would be able to send
and receive mail reliably. It is in all customers
interests that we stop spam.
We
do not permit:
- The
sending of spam through our servers.
- Sending
out spam through another providers mail server
which includes links to web pages or email addresses
hosted on our servers.
- Web
sites promoted by spam or involved in spamming
or selling spam related software or bulk email
lists.
As
delegated by our upstream providers, any sites using
spam or selling of spam related software or bulk
email content will be closed.
If
you spam, we will see you doing it, your
account will be terminated and you will not
get a refund.
If
you run a mailing list all the people you mail must
have opted into the list. The list must not have
been obtained from a third party. Your list server
must use a system where an email is sent to the
user when they sign up and they have to reply or
click on a link to confirm their email address.
This is known as "double opt in". The
mailman program we provide with some hosting packages
matches these requirements, as do many other mailing
list systems. You must honour all unsubscribe requests
within 24 hours.
If
we receive a spam complaint about your account we
will.
- Suspend
your account to prevent any further violations.
- Contact
you to ensure you will not do it again.
- Either
reactivate the account or terminate it.
Protecting
server resources
Each
server has a limited amount of processing power
and memory. We have found most our customers to
stay within "reasonable limits", but sometimes
people do cause problems for other users by using
too many resources.
if
you are a shared hosting customer you may not:
- Provide
hosting for third parties, unless you have a proper
reseller account.
- Link
to cgi scripts running on your account from other
domains (e.g. banner exchanges).
- Use
more than 10% of system resources on the server.
We
do not allow clients to install their own cgi or
php chat rooms. These tend to be a large drain on
system resources and we cannot allow it as an account
option. However, we provide chat systems with some
hosting accounts which you may use free of charge.
Bulletin
boards are permitted, provided they stay within
the 10% server usage limit explained above.
We
allow you (subject to a suitable hosting plan) to
run programs to run continually in the background
(cron jobs). However, these must not overload the
server or affect other users sites.
If
you go over any of the limits described above we
will suspend your account and contact you to resolve
the situation. We may offer dedicated server hosting
for an additional charge. If you do not move to
a dedicated server or reduce your system usage we
will terminate your account to protect other customers.
Telnet
/ SSH / shell access
Hostroute.com
provides SSH (secure telnet) access on some accounts
on request. SSH access is provided for the purpose
of testing scripts and carrying out site maintenace.
It is not provided for any other purpose and there
is no warranty of any kind should SSH fail to function
for off server connections or activities. We reserve
the right to withdraw SSH access at any time without
notification. Customers are not permitted to run
CGI or PHP shell emulation programs.
Bandwidth
usage
Each
hosting plan we provide has a set amount of bandwidth
available per month. We monitor this usage and if
your site goes over the limit it will be suspended
until the second day of the next month. If you do
not wish to wait until the next month you can upgrade
your hosting plan to one with more bandwidth. If
you are concerned about going over your limit you
should check your bandwidth usage in the control
panel in the middle of the month and contact us
if you think you will go over.
30
day money back guarantee
Some
of our hosting plans are supplied with a 30 day
money back guarantee. This includes all the plans
sold under the Hostroute.com, Hostroute.co.uk and
Hostroute.ca brand names. Myqth hosting and the
free hosting provided by Nameroute does not have
a money back guarantee.
IP
Addresses and DNS delegation
We
provide IP address information in your welcome email.
This is provided to allow access to the web site
and control panel until the domain name has been
transferred to our DNS servers. Customers are not
permitted to link to their site or address via an
IP address based link once the transfer is complete.
This is for your own safety as it prevents links
becoming out dated if we change your IP address.
All
customers must change their domain names' DNS servers
to those specified on their welcome email. We do
not permit customers to use external DNS management
tools because of the likelihood of failure if we
change an IP address. If you decide to use an external
DNS service then you agree to absolve Hostroute.com
Ltd of all liability should your site fail due to
DNS errors or the IP address changing at a later
date.
All
IP addresses remain the property of Hostroute.com
Ltd or its upstream providers and are provided according
to ARIN and RIPE rules and only when required for
technical reasons.
DNS
modifications
We
do not provide DNS management services. If you require
changes to DNS records (A, MX etc) we will do our
best to carry them out but we cannot provide a warranty
that the changes will continue to work in the future.
Billing
Monthly
Billing: We DO NOT send out invoices. All credit
cards are billed automatically on the anniversary
of the date the account was ordered. So if a customer
orders hosting on the 15th of the month they would
be billed on the 15th every month. We believe this
is sufficient advance notification of payment due.
It is the clients responsibility to ensure that
they have sufficient credit to cover this transaction.
In the event that a card is declined for any
reason we will send an e-mail with instructions
for submitting a new credit card. If new card details
are not supplied within 24 hours we will suspend
the account. If new card details are still not received
within 7 days we will delete the account.
If
your web site is important, you are strongly recommended
to pay annually (for which you will receive a discount).
Annual
Billing: If you pay annually we will not
bill your card automatically. We will send a renewal
notice to the email address you provided us with
when you signed up approximately one month before
the renewal date. However, because 40% of our customers
do not tell us when they change email addresses
and because many ISP's spam filters remove emails
which mention web hosting services we cannot guarantee
delivery of these emails. We recommend that you
make a note in your diary one year from the date
you ordered the hosting originally. If we do not
receive the renewal payment by the due date then
we will suspend the account. If payment is still
not received within 7 days we will assume the accout
is no longer required and delete it.
Refunds
Regular
Hosting Clients: Should you become unsatisfied
with our services within the first 30 days of your
account activation, Hostroute.com will refund your
hosting fee subject to the money back guarantee
terms listed above.
Dedicated
servers: The 30 day money back guarantee does
not apply to dedicated servers because of the time
and cost involved in setting up the servers.
Cancellation
Refunds: We DO NOT refund partial monthly or
annual hosting fees for accounts cancelled after
30 days from the date of activation. For example,
if you cancel an annual account after 6 months you
will not get a refund of 6 months hosting
fees.
Account
Cancellations
By
ordering services from us you agree to abide by
these cancellation procedures. Before we cancel
an account we need to make sure it really is the
site owner requesting the cancellation.
To
cancel an account please fill out this form:
http://www.hostroute.com/accountcentral/cancelaccount.html
Accounts
will be closed the same day, we do not schedule
closures for the end of the current months hosting.
Accounts are only be considered cancelled once we
have conformed by e-mail that we have cancelled
it for you. If you have not received conformation
from us it means your account is still open and
you will be billed for all services provided until
we have given such confirmation.
Hostroute.com
will not be held liable for the non arrival of your
request to cancel an account. It is your responsibility
to ensure that you have received confirmation of
the account closure from us.
When
an account is cancelled, all of its files are deleted
and are not recoverable.
Data
integrity and backups
We
will endeavour to keep backups of your data in order
to restore the server if we have a disk failure.
However, we provide no guarantee that we will be
able to do so. It is in your own interests to keep
a copy of your web site backed up on your own computer.
You can do this by simply uploading changes from
a copy you hold or by using the backup tool provided
with most of our web hosting accounts.
If
you have an accident with your site we will do our
best to help, but we may not be able to restore
your files for you.
It
is impossible to have too many backups. Keeping
a local copy at your location is the best way to
protect your data.
If
you are a dedicated server customer then we do
not keep any backups of your files. If you have
paid us for a bachup drive then you have the hardware
and software necessary for making backups, but it
is your responsibility to make sure you have it
turned on. Again, we can make no guarantees abotut
he integrity of backups.
Passwords
We
will provide you with a username and password for
accessing your account. This will be sent to the
email address you entered into our order form. If
you lose your password we can resend it to the same
email address. If your email address has changed
you will need to supply proof of your identity before
we will provide the password. The reason for this
is that a large percentage of password requests
we receive are from people trying to gain unauthorised
access to customers accounts. It is in your interests
that we verify your identity before issuing a password.
Correspondence
In
the event of written notification of account termination
being sent by Hostroute.com Ltd to a customer, any
such communication sent by normal post shall be
considered received by the customer seven days after
it was posted.
Threats
& Blackmail
In
the past some customers have attempted to leverage
free services by making threats against Hostroute.com,
its staff or networks.
For
example: we do not provide support with building
of web sites but we have been threatened by customers
that if we don't build their web site for them they
will seek to harm our business.
We
deplore this activity because of the negative effect
it has on our staff and other customers who pay
for the services the require.
We
take these sort of threats very seriously.
Making threats will result in your account being
cancelled without notice.
Domain
name registration
Where
a domain name has been registered as part of the
service provided by Hostroute.com Ltd the customer
is bound by additional terms and conditions which
were displayed during the registration process.
Some of these are enforced by the different domain
name registries and you shoul dbe aware that you
may have a contract with them as well as with us.
We register all domains witht he customer as registrant.
. Hostroute.com Ltd may be listed as technical,
admin (and sometimes billing) contact for some domain
names but normally we enter the customers details
into all of these fields as well. These contact
details can be changed for most domains by going
to http://www.nameroute.co.uk/change
but some registries may restrict what fields can
be changed.
Domain
name registration fees are not refundable because
the registries will not refund us. It is the customers
responsibility to ensure that all names are spelled
correctly prior to ordering domain names.
Change
of domain names
Domain
names cannot be changed once they are registered.
This is because the domain registries will not refund
us once a domain name is registered.
We
can change the domain name associated with your
hosting account but you will need to register the
new domain name first. Changing the domain name
may require your account to be deleted and it may
cause disruption to your web site. The old domain
name will stop working. We reserve the right not
to allow domain changes.
Limits
of support
Hostroute.com
Ltd provides support with server side problems only.
These include, non functioning of facilities provided
with your hosting account and any faults which exist
on the server your site is hosted on.
Customers
are responsible for designing and maintaining their
own web sites. We can not provide advice or support
for any programming or web design issues like frontpage,
cgi, php or asp
Support
for your web design siftware should be provided
by the company which supplied the software.
Refusal
of Service
Hostroute.com
Ltd reserves the right to refuse, cancel, or suspend
services at our sole discretion.
Sub
domains
If you have a web site without a domain name of
your own which has a subdomain based on a domain
name we own, you have no rights to transfer that
domain name to another provider. Hostroute.com reserves
the right to transfer any sub domain in domains
of its possession to an alternative domain.
Indemnification
By
ordering services from us you agree to indemnify
and hold harmless Hostroute.com Ltd from any
claims resulting from the use of the service
which damages the subscriber or any other party.
Limitation
of liability
Your
use of Hostroute.com's services are at your sole
risk. All Hostroute.com Ltd services
are provided on an "AS IS" basis WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS,IMPLIED,
CONSTRUCTIVE, OR STATUTORY, INCLUDING,WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
NON INFRINGEMENT OR FITNESS FOR A PARTICULAR
PURPOSE. Some jurisdictions do not allow the exclusion
of implied warranties, so this exclusion may not
apply to you in full.
Hostroute.com
makes no guarantee of availability of service and reserves
the right to change, withdraw, suspend, or discontinue
any functionality or feature of the Hostroute.com
service.
IN
NO EVENT WILL HOSTROUTE.COM BE LIABLE FOR
ANY
DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE HOSTROUTE.COM's SERVICES
OR ANY
CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT
LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR
BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY
ANY FAILURE OF PERFORMANCE; ERROR; OMISSION;
INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION
OR
TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION;
COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM
OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF ANY RECORD.
The
formation, construction and interpretation of this
agreement shall be controlled by the laws
of Scotland. The U.N. Convention of Contracts for
the International Sale of Goods is expressly excluded
from any interpretation of this Agreement.
Legal
jurisdiction
These
terms and conditions are exclusively governed by
Scottish law and by ordering services from Hostroute.com
Ltd you submit to the exclusive jurisdiction of
the Scottish courts.
Legal
disputes
If
you intimate that you are entering into legal action
against us we will suspend your account until the
legal dispute has been resolved.
Explanation
of the above
We
will do our best to keep the service running reliably
but we will not be held responsible for any losses
you incur through your use of it. If you are in
business you should ensure you have adequate business
insurance and we recommend you contact an insurance
broker.
Changes
to these terms and conditions
Hostroute.com
Ltd reserves the right to change or amend these
Terms of Service at any time without prior
notice.
Enforcement
Violations
of these Terms of Service should be referred
by email to abuse [at] hostroute.com. All complaints
will be investigated promptly. Violations of these
terms and conditions can be ground for immediate
account deactivation without refund.
Data
protection
Some
files held by Hostroute.com Ltd are covered by the
UK Data Protection Act. You can find out more about
this here www.informationcommissioner.gov.uk.
