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Terms of Service
Acceptable Use
Policy (AUP) and Terms of Service (TOS)
PN Internet trading
as Webclo issues this document. The company shall be known throughout
this document as Webclo.
Webclo agrees to
provide the client web hosting for a monthly/annual fee. Webclo will
never require clients to advertise for Webclo on their website in any
way shape or form unless agreed upon such as a non-profit organization
receiving complimentary hosting. Clients are allowed to use the service
for business/commercial or personal websites or content.
Content:
All services
provided by Webclo may be used for lawful purposes only. Transmission,
storage, or presentation of any information, data or material in
violation of any Irish (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 Webclo from any claims resulting
from the use of the service which damages the subscriber or any other
party. Please note: Your account is not to be used as a file store
rather than to store active webpages/files which are publically
accessible from the Internet.
Adult
Content:
Pornography and
sex-related merchandising are prohibited on any server. This includes
sexual content, or direct 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.
Links to such materials are also prohibited. Webclo will be the sole
arbiter as to what constitutes a violation of this provision.
Examples of
non-acceptable content or links:
# Pirated software
# Hacking programs
or archives
# Warez Sites
# Porn
# Spamming Software
Background-running
Programs:
Webclo do not allow
background-running programs. This includes any IRC related software
such as bouncers and bots. In certain cases we may allow programs to
run continually in the background, these are considered on a one to one
basis and an extra charge will be incurred based on system resources
used and operational maintenance needed.
Banned
Scripts:
You are free to use
any scripts you wish provided they do not affect the normal operations
of the server and they are not mentioned specifically below. Scripts
that are commonly known for causing server disruption include large
cgi-based message forums, auctions, and banner exchanges. In the event
a script affects normal server and/or administrative operations, Webclo
reserves the right to disable the account pending client cooperation
and resolution.
Scripts we do not
allow include:
# Chat
servers/scripts of any kind are strictly prohibited.
# Formmail is not
allowed on our servers.
You can use
formmail scripts but they must be up to date and not running with the
filename "formmail". Any files named "formmail" will be deleted without
notice.
The installation of
Proxy servers is prohibited. Any Proxy scripts found on the Webclo
web servers will be removed without notice.
Distribution and/or
Transmission of Obscene or Indecent Speech or Materials. Violation of
indecency and obscenity laws can result in criminal penalties.
Resource
Usage
User may not:
# Use 25% or more
of system resources for longer then 90 seconds. There are numerous
activities that could cause such problems; these include: CGI scripts,
FTP, PHP, HTTP, etc.
# Run stand-alone,
unattended server-side processes at any point in time on the server.
This includes any and all daemons, such as IRCD.
# Run any type of
web spider or indexer (including Google Cash / AdSpy) on shared servers.
# Run any software
that interfaces with an IRC (Internet Relay Chat) network.
# Run any bit
torrent application, tracker, or client. Please note that you may link
to torrents off server, but may not host or store them.
# Participate in
any file-sharing/peer-to-peer activities
# Run any gaming
servers such as counter-strike, half-life, battlefield1942, etc
# Run cron entries
with intervals of less than 15 minutes
Intellectual
Property Rights:
Material accessible
to you through Webclo'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 Webclo 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 Webclo Network. If you use a domain name
in connection with the Webclo 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.
Network
Security:
Customers may not
use the Webclo 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. Webclo will co-operate fully with
investigations of violations of systems or network security at other
sites, including cooperating with law enforcement authorities in the
investigation of suspected criminal violations. Users who violate
system or network security may incur criminal or civil liability.
Defamation:
Defamatory speech
distributed over the Internet can result in civil liability for the
defamer.
Refusal
of Service:
Webclo reserves the
right at its sole discretion to refuse or cancel service. Violation of
any of Webclo's Rules and Regulations could result in a warning,
suspension, or possible account termination. Accounts terminated due to
policy violations will not be refunded. Free domains which have been
granted for customers paying annually are released to the customer at
the end of there hosting period. Domains terminated due to policy
violations will not be released to the customer.
Spam
Or Unsolicited E-Mail:
You must not use
the Webclo Network, Webclo equipment or any Webclo email address in
connection with the transmission of spam, flames, mail bombs, or
substantially similar, unsolicited email 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 Webclo Network, Webclo equipment or any Webclo email 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 email address accessible to the public will not constitute a
request or invitation to receive messages.
If you are found to
have spammed, Webclo reserves the right to disable your domain without
warning. In addition, Webclo may impose a €200 penalty for
each spam policy violation. Webclo solely reserves the right to refuse
or cancel service to known spammers. Lastly, Webclo reserves the right
to determine what violates this policy. As such, any violation may
result in cancellation of services without refund.
Indemnification:
Customer agrees
that it shall defend, indemnify, save and hold Webclo (or it's
employee's/owners) harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable legal fees asserted
against Webclo, 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 Webclo
against liabilities arising out of; (1) any injury to person or
property caused by any products sold or otherwise distributed in
connection with Webclo 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 Webclo to the amount paid for service.
Domain
Registration Only:
If a customer does
not provide valid name server details for purchases of a domain name
only order, Webclo will park the domain on its servers. Webclo may
include revenue generating advertising on the parked page for any
domain. Customer can change the name servers at any time to point their
domain away from the parking page, by using the online tools provided.
Refunds
Policy:
You may cancel your
account at any time before your next billing date, and you will not be
billed for the next period. If your refund claim is outside of our 30
day offer then we cannot refund any payments made.
Domain
Registration Support:
Technical
assistance for domain registration is provided by email only. Please
email us at support@webclo.com. This e-mail address is being protected
from spam bots, you need JavaScript enabled to view it for all domain
registration queries.
Domain registration
fees are non-refundable under any circumstances, in whole or in part,
even if your domain name registration is suspended, cancelled or
transferred prior to the end of your then current registration term.
We offer a 30 day "money back"
guarantee - if you are
dissatisfied in any way
with the hosting service provided, you can request a refund of all
monies paid for hosting services only. Any other fees paid are non
refundable. Domain registration fees are not refundable under any
circumstances.
Billing:
This is a
subscription service. Credit card details used at time of purchase are
billed on a recurring basis (depending on the payment term selected).
Emails are issued to confirm payment and to ensure continuity of
service, payment is taken unless otherwise instructed.
Disclaimer:
Webclo will not be
responsible for any damages your business may suffer. Webclo makes no
warranties of any kind, expressed or implied for services we provide.
Webclo 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 Webclo and its employees. Webclo makes no "uptime" guarantees.
Webclo keeps
backups of key server systems only and these backups are not available
for customer use. Webclo can accept no responsibility for any loss of
data or consequences arising from this. Webclo always advises clients
to back up their site data regularly for their own protection. Other
backup systems provided are given as a courtesy only, and should not be
depended upon for ensuring your data is secure.
Webclo furthermore
expects that its customers who provide hosting services (resellers) to
others will ensure its customers fully comply with all applicable laws
concerning the privacy of online communications and any other policy of
Webclo. A customer's failure to comply with those laws will violate
this policy.
If a customer
provides hosting services (resellers) to others and decides to cancel
their reseller hosting account with Webclo then Webclo will not be
responsible for maintaining hosting for the resellers customers.
All communications
(emails, verbal or written) are between Webclo and the client. These
communications are private and are therefore not to be shared with any
other parties.
Finally, Webclo
wishes to emphasize that in accepting services, customers indemnify
Webclo for the violation of any law or Webclo policy, that results in
loss to Webclo or the bringing of any claim against Webclo. This means
that if Webclo is sued because of activities of the customer that
violate any law, or this policy, the customer will pay any damages
awarded against Webclo, plus costs and reasonable legal fees.
Failure to comply
with any of our terms & conditions will result in grounds for
immediate account deactivation.
Webclo reserves the
right to change, edit, or update the policies contained in this
document at any time for any reason without notice. |
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