| These Terms and Conditions apply ONLY to account purchased or last renewed PRIOR to January 18th 2008. For accounts purchased or last renewed AFTER to January 18th 2008 please refer to the policies set out at www.sitehq.co.uk/terms.php SiteHQ.co.uk (referred hereinafter as 'SiteHQ.co.uk', 'SiteHQ', 'our', 'we' and 'us') is a web hosting firm. All accounts on our web servers are subject to the terms and conditions described in this document.Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to the terms and conditions below. These terms should be read in conjunction with our Privacy Policy and Anti-Spam & Abuse Policy. 1) The server your site is hosted on will remain the property of SiteHQ at all times. Your account will be a 'virtual server' account and accordingly each SiteHQ server is shared between users. SiteHQ server's population will never exceed 350 sites per physical computer system. 2) SiteHQ is the host, contact and service name for all users however 'Beyond Ego Limited' and 'SiteHQ.co.uk' are interchangable with this name. 3) (a) If you intend to use your web space for any secure or confidential data, please email us to ensure we know of it's presence on our servers. You may not upload any material that violates or infringes on the copyright, intellectual property rights or trademark rights of any individual or organization. This also applies to linking directly to illegal files or other sites that offer any illegal material. Sound and video files that you own the rights to may be uploaded only after you are approved. Midi files are unrestricted; you do not need approval for them. Note: You may upload these materials if you first obtain written permission from the copyright or trademark owner and we will require a copy of this permission before uploading. (b)The following cannot be held on our servers * Pirated software * Hacker programs * Warez * Pornography or nudity of any kind * Copyrighted materials * ROMs * Emulators * any links/affiliations to the above * phpNuke or variants * ANY gambling or gambling related site (clarification) If any of the above is found on your site/directory then it will be deleted and you will be emailed with a warning. If a repeat offence is made, your account will be disabled with no refund given. However, if the initial breach of terms is strong enough your account will be immediately terminated. Deliberately changing the extension of a file to hide its contents will not work; it will be considered an illegal file and will result in the immediate termination of your account. You may not publish any material that is grossly offensive to the general on-line community, including but not limited to, exploitation of children, blatant expressions of bigotry, hatred, harassment, defamation, invasion of privacy or excessive profanity (cursing). This includes material that defames, abuses, harasses or threatens any person or group. Files or directories or email user accounts may NOT contain profane or sexually suggestive names or expletives. We reserve the right to be the final judge as to what is or is not acceptable and to terminate your account if your use of it causes a detrimental effect on other clients. (c) If your account is disabled due to illegal use on your part your domain name will remain your property, however a £25 charge will be levied should you wish to move the domain to another provider. 4) We operate a paperless billing system. An email will be sent to the address you provide us during sign up everytime an invoice is raised. Your account will be suspended if you fail to pay your invoices on time. If your account is suspended due to a billing issue, you will be charged an administration fee of £20.00 to have your account unsuspended. If you do not pay your invoice within 7 days of the due date we may terminate your account and any data stored will be lost. 5) SiteHQ will not be held responsible for the content of pages hosted under our service. We do not review page content before it is posted and do not verify, endorse, or otherwise take responsibility for the content of any user-created pages. However, we reserve the right to remove any page from our servers which we determine is violating our rules and guidelines. Users are solely responsible for all files contained in their own directory, and can be held legally liable for the contents of their Web site. 6) The email system should not be used for mass transfer of data or for virus transfer. We have a no-tolerance approach to SPAM mail being used by any of our members. If you are found to be taking part in SPAM mailing then your account will be terminated, no compensation will be given and you may be charged up to £1000 for your illegal use of SPAM. To help combat SPAM we limit users to sending 100 outbound emails per hourly session. 7) Please do not use the PHP, SSI and CGI services to gain illegal entry to our servers or to use them for intensive Server-side tasks (any scripts which require more than 8Mb of server memory and/or more than 30 seconds of server time to execute). Do not make excessive use of our autoresponders, subdomains and MySQL databases. Any over-use of these services will result in termination of your account. [see 3)(c)] 8) We reserve the right to make changes to these TOS & AUP. All users will be given notice of any changes and additions to this contract 1 month (30 days) before the change is made. Notification of changes will be by way of display on our website and will become effective 30 days after the date of first publication. 9) Your primary (first) email address at SiteHQ is your account email address and any notifications and alerts we send to you will be to this address. It is your responsibility to check this address regularly for emails from SiteHQ. 10) The amount of server space and bandwidth allocated to your account when you purchased it will always be the minimum value, however we may occasionally increase this value, in which case your account will be upgraded to the new values and you will be contacted regarding this change. Should your account go over your alloted monthly bandwidth or space, you will be invoiced at the price of £2.50 (US packages) or £3.50 (UK packages) per 1000mb bandwidth used or part thereof. 11) SiteHQ.co.uk guarantees a 99% uptime, you may request a refund of the purchase price (refunded in pro-rata) if this guarantee is not met over the course of 1 (one) annum. Note that appropriate statistical data must be produced by the user indicating that our server's uptime was less than 99% over the period in order to claim compensation. Planned downtime (of which you will be given 48 hours notice minimum) and downtime for emergency repairs are not included in this uptime guarantee. 12) In no event will SiteHQ 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 SiteHQ Web Hosting 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. SiteHQ does not perform client backups and clients are advised to conduct regular backups of their accounts. 13) We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk. 14) In case where the customer has performed a chargeback without reason or without giving SiteHQ sufficient time to deal with a problem, then legal action against the customer will be taken for any costs incurred by SiteHQ. 15) All discount code applications are checked for validity. You will be told upon ordering whether it is valid. If it is valid, certain conditions may apply to it upon which you will be notified. Breach of these conditions will result in account suspension and you will not receive any refund at all. We reserve the right to obtain administration costs through legal action. Discount codes are not applicable for domain names or account addons. They only apply for packages, and for the first year only. After that you will be charged the current price for package and domain renewal. 16) Registration of .uk domains signifies your acceptance of the additional terms and conditions imposed by Nominet which can be found here. 17) We offer all personal (non-commercial) clients a 7 day cooling off period from your initial date of signup. No refunds are offered for any domain names purchased or transferred and we reserve the right to charge an administration fee. Accounts, including all data, emails and files, terminated under this offer shall be removed from our server immediately. 18) Our Multi Site shared hosting package is not a reseller account and cannot be used to sell or provide hosting to 3rd parties. It is offered to allow the hosting of multiple sites operated and owned by the account holder only. In the event that a client is found to have resold hosting we may terminate or suspend the account and may require that the account be upgraded to a reseller package. 19) (effective immediately for new registrations and from 18th February 2005 for existing clients) All resold accounts are subject to the TOS & AUP agreed to by the SiteHQ Reseller. Resellers are responsible for ensuring that their own conditions fully reflect those of SiteHQ. Where a resold account is in breach of our TOS & AUP we will take all reasonable steps to contact the reseller requesting that they deal with the breach. However where this is not possible, or the situation requires immediate action, we reserve the right to suspend the resold account in question without prior notice. 20) (effective immediately for new registrations and from 18th February 2005 for existing clients) Clients are solely responsible for ensuring that all scripts installed by them (including any available within your account panel) are patched and kept up to date. 21) (effective immediately for new registrations and from 18th February 2005 for existing clients) Clients operating mailing lists are required to ensure that they include the ability for recipients to remove themselves from the list. This option must be available both on the client account and within the emails sent. Where we receive complaints of unsolicited emails or unactioned removal requests we may restrict or terminate your account. 22) (effective immediately for new registrations and from 18th February 2005 for existing clients) We may, at our sole discretion decline to renew any hosting package or service by giving 30 days notice of termination prior to the renewal date. Notice will be served by email and sent to the email address listed in our billing system. The renewal date for clients paying monthly will be the monthly anniversary of their sign-up. 23) (effective immediately for new registrations and from 22nd March 2005 for existing clients) Yearly accounts purchased or renewed from this date will attract no refund should the account holder cancel their package during the 12 month period. This does not affect your rights of cancellation during the first 7 days of your account period where the purchase is a for non-commercial use. Additional Terms for Pro Accounts In addition to the terms above the following conditions apply to all SiteHQ | Pro ('Pro') accounts: i. We reserve the absolute right to determine the maximum number of sites located on our servers in light of prevailing business needs and to meet our obligations to other clients.. ii. in addition to those listed in clause 3 (b) above unless we agree otherwise the following software and scripts may not be uploaded/installed on your account: *phpBB and any phpBB based scripts *SMF forum *JAB Guest Book *YaBB iii. All users who install third party scripts agree to subscribe to the vendor's 'updates' mailing list/rss feed where available. If this facility is not available the user undertakes to check the vendor site on a regular basis for security announcements. All script updates, patches and fixes relating to security issues must be applied within 72 hours of the vendor announcing their availability. If the update cannot be applied in this time the script must be closed to all site visitors until the script has been secured/updated. iv. All guest books, forums and blog software must include and have enabled a pre-moderation facility for 'guest' posts to prevent spamming and the flooding of the server. v. Forums must be configured with a minimum of 15 seconds between searches by the same user. Where the software allows the administrator to specify the minimum word length to include in searches this must be set to a minimum of four characters. vi. To prevent overuse of server resources 'out of date' forum threads/posts should be archived where the forum software supports this facility. If this facility is not available and your forum impacts on server performance we may require that you prune posts over a specific age. v. Where your account causes any server outage we reserve the right to charge you for the time taken to investigate and return the server to use. Our charge is £20 +VAT per hour or part hour. Additional Terms for UK Based Packages In addition to the terms above the following conditions apply to all SiteHQ accounts located on UK servers. i. We reserve the absolute right to determine the maximum number of sites located on our servers in light of prevailing business needs and to meet our obligations to other clients. ii. in addition to those listed in clause 3 (b) above unless we agree otherwise the following software and scripts may not be uploaded/installed on your account: *phpBB and any phpBB based scripts *SMF forum *JAB Guest Book *YaBB iii. All users who install third party scripts agree to subscribe to the vendor's 'updates' mailing list/rss feed where available. If this facility is not available the user undertakes to check the vendor site on a regular basis for security announcements. All script updates, patches and fixes relating to security issues must be applied within 72 hours of the vendor announcing their availability. If the update cannot be applied in this time the script must be closed to all site visitors until the script has been secured/updated. iv. All guest books, forums and blog software must include and have enabled a pre-moderation facility for 'guest' posts to prevent spamming and the flooding of the server. v. Forums must be configured with a minimum of 15 seconds between searches by the same user. Where the software allows the administrator to specify the minimum word length to include in searches this must be set to a minimum of four characters. vi. To prevent overuse of server resources 'out of date' forum threads/posts should be archived where the forum software supports this facility. If this facility is not available and your forum impacts on server performance we may require that you prune posts over a specific age. v. Where your account causes any server outage we reserve the right to charge you for the time taken to investigate and return the server to use. Our charge is £20 +VAT per hour or part hour. vi. We may make available online versions of anti-spam and virus tools via your Plesk control panel. Where we do so we give no warranty or assurance nor make any statement as to the performance of such software. In all cases it is the user's sole responsibility to ensure their local machine is protected against spam or viruses. vii. It is strictly prohibted to send bulk commercial emails from our systems. Violations of this clause will result in the immediate termination of your account. viii. You may not send any unsolicited e-mail, whether commercial or non-commercial in nature, to any person who has indicated that they do not wish to receive it. Proceeding with your order verifies your acceptance of these conditions. Your order has not been accepted by SiteHQ.co.uk until you have received your account details. This policy corresponds to all SiteHQ.co.uk hosting packages and services. All contracts and agreements entered into are governed by English law. |
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