Afford A Host EU (we, the Company) agree to supply services to the service user (you, the Subscriber), subject to the following Terms of Service (TOS). This is a formal and legally binding agreement between the Company and the Subscriber. If you are aware of a violation of the TOS please report to us immediately for investigation. Use of Afford A Host EU services constitutes acceptance and agreement to the TOS in full.
All provisions of this contract are subject to the TOS of Afford A Host EU. The TOS may be changed from time to time at the discretion of the Company. Subscriber understands that changes to the TOS by the Company shall not be grounds for early contract termination or non-payment.
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Overview
These are the rules in short, but please do continue and read the rest of this page. If any questions arise please contact us before you sign up, we like to be open and clear with our clients. All rules are intended to ensure a secure reliable service for all of our clients and to maintain our responsible reputation. If you are interested in a dedicated server and are in need of some of the below prohibited programs please contact us to discuss, but no illegal material is ever allowed.
No IRC's, BNC's, Eggdrops, unauthorized Shell programs, HYIP or Proxy sites, Illegal or blatantly offensive material or Spamming from a site or server. Violation of the TOS may result in the immediate suspension or termination of services without prior notice, a bill for any charges incurred, as well as pursual to the fullest extent of the law, including but not limited to lawsuits against the individuals or groups responsible. We will cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.
Spamming using other resources with links directed back to sites on our servers IS involving us in the spamming, not unlike using our actual server, and can be grounds for termination without recourse. If you violate the TOS, we reserve the right to terminate your service without notice. We prefer to advise Subscribers of inappropriate behavior and any necessary corrective action, however, blatant violations of the TOS will result in immediate termination of service.
Persons under the age of eighteen (18) must have permission from their parent/guardian to use our services. By signing up for our service, you agree that you are over the age of eighteen, OR your parent/guardian has permitted you to do so and has read and agreed to the TOS, accepting responsibility for any actions you may take as a minor under their custody.
Sharing your password and account access with unauthorised users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use. |
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Contents
1) Indemnification Policy
2) Spam Policy
3) Content Policy
4) Resource Usage Policy
5) Programs
6) Chat Policy
7) Backups
8) Mailing Lists
9) Payment Policy
10) Cancellation
11) Privacy Policy
12) Company Information
13) Miscellaneous
Indemnification Policy
You agree to use all Afford A Host EU services and facilities at your own risk. Afford A Host EU specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Afford A Host EU be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
Subscriber agrees that it shall defend, indemnify, save and hold Afford A Host EU harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Afford A Host EU, its subscribers, owners and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Afford A Host EU, its subscribers, owners and employees.
Subscriber agrees to defend, indemnify and hold harmless Afford A Host EU against liabilities arising out of any claim, such as: Any injury to person or property caused by any products sold or otherwise distributed in connection with Afford A Host EU’s server. Any material supplied by Subscriber infringing or allegedly infringing on the proprietary rights of a third party. Any defective products sold from Afford A Host EU’s server. Afford A Host EU will be the sole arbiter as to what is covered by this policy.
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Spam Policy
Afford A Host EU is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Afford A Host EU network, by Subscribers or any other users of the Afford A Host EU network (including Subscriber's users); AND/OR over ANY network - if the message sent advertises or mentions a site hosted on Afford A Host EU servers. We react very quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any Subscriber disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an Afford A Host EU email address or web site URL is prohibited. The use of Afford A Host EU servers as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam are subject to a "clean up" fee of at least €800. Afford A Host EU will be the sole arbiter as to what constitutes a violation of this policy.
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Content Policy
All services provided by Afford A Host EU may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom, United States of America or European law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorisation. Pornography and sex-related merchandising is prohibited on all Afford A Host EU servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Afford A Host EU servers or any other server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
- Adult sites
- MP3 Sites
Any illegal or undesirable activity, including adult content, links to adult content web sites, spamming or hacking will result in your services being terminated without warning. The same is also applicable for all resellers and any other sub accounts hosted under these reseller accounts. Subscriber agrees that the Company may disclose any and all Subscriber information to any law enforcement authority without further consent or notification. Afford A Host EU will be the sole arbiter as to what constitutes a violation of this policy.
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Resource Usage Policy
Subscriber agrees that bandwidth and disk usage shall not exceed the quota for the services ordered by Subscriber. Standard hosting / reseller hosting operates on shared resources. Excessive use or abuse of these shared resources (CPU, RAM etc) by one Subscriber may have a negative impact on others. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and we may temporarily suspend the account in question. We may contact the client to offer alternative solutions for their accounts and make our best attempt to keep their account active without degredation to other clients services. The Company will be the sole arbiter as to what constitutes a violation of this policy.
To protect our Subscribers resellers are not allowed to run a so called free-hosting business (charity websites are allowed though), as this often attracts a certain group of people and scripts which use too many resources. If you believe you are an exception you may always contact sales and discuss your personal situation. This is not applicable for dedicated server owners.
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Programs
We do not allow programs to run continually in the background. This is to minimise system resources used and operational maintenance needed. We do not allow any topsite programs on our servers other than the ones we pre-install for our clients to use.
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Chat Policy
Afford A Host EU does not allow chat rooms if it affects normal server operation or service to other Subscribers.
It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of violation will result in immediate account termination.
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Backups
Full backups are made. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and any other data. The Backup Manager is included in each hosting plan and you can use this tool to backup your files.
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Mailing Lists
Please inform our support team if you plan to use any mailing lists in order to make sure your account is setup correctly. Failing to do so may interrupt your mailings, due to sending limits in place by default to prevent Spam.
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Payment Policy
Establishment of services is dependent upon payment of stated charges. Afford A Host EU offers a 10 day money back guarantee on all hosting services, starting from the date the service was ordered. One 10 day money back refund allowed per Subscriber to prevent abuse. Account will be terminated upon refund. Please note that if domain names are purchased or included with hosting, these charges will be excluded from the refund. No refunds will be available for other services, such as 3rd party products (scripts, certificates, templates, domain names etc.) and custom programming / scripting work.
Subsequent payments may be due on a recurring basis, e.g. monthly, quarterly, bi-annually or annually, depending on the service purchased. These are non-refundable. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. Pricing is contingent upon the Company achieving it goals and maintaining its cost of service, including but not limited to rates charged to company by its suppliers.
Hosting services will be suspended when payment becomes 5 days overdue, a late fee of €25 will be added after 30 days. Accounts that are not collectable by Afford A Host EU may be turned over to an outside collection agency for collection, all costs will be added to your open invoice including the late fee. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred.
If a PayPal subscription is cancelled, we will suspend the account and issue a notice to the Subscriber. If the subscription is not rectified within 7 days of the warning we may terminate the account. Such termination will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
If you dispute a charge to your credit card issuer that, in Afford A Host EU's sole discretion, is a valid charge under the provisions of the TOS, you agree to pay Afford A Host EU an "Administrative Fee" of €50. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
You will be notified by e-mail, to the address held in the client area, of any upcoming due payments, overdue payments or successful payments.
Refunds will not be given for any order which violates this TOS.
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Cancellation
Requests for account / service cancellation must be made in writing at least 14 days prior to the next billing date of the service. Requests must be submitted via support ticket to our billing department, or emailed to
billing at djbw.com
(This e-mail address is being protected from spambots. You need JavaScript enabled to view it.)
with cancellation reason, domain name, username and password. Afford A Host EU verifies the details sent and ensures that the Subscriber has no past due invoices, or invoices due within the next 14 days. Subscriber must pay these invoices before the account / service is cancelled and all future charges stopped. We will advise the Subscriber if it is their responsibility to cancel any subscriptions with our payment processors. Subscriber's data will subsequently be removed from the Company's servers, although it may remain on backups. We will not wait until the end of any advertised or perceived billing cycle, and we will not refund any unused portions of any payment.
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Privacy Policy
Afford A Host EU respects the privacy of Subscribers. Our client area, control panels and payment systems can be accessed securely for the utmost confidence in privacy of your data. We promise not to share your data with any 3rd party, it will be used solely by us to provide you with your services. We may occasionally send out emails with information relating to your services, however we avoid marketing messages where possible. If you ever receive something from us that you would prefer not to, a request can be submitted to the Company for the removal of the email address from future mailings. We only use the phone number or address on rare occasions if we suspect problems with the email address you have provided.
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Company Information
Afford A Host EU
15 North Street
Oldland Common
Bristol, UK
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Miscellaneous
Subscriber Contact Information: You must provide us with your contact information and notify us of any changes via the client area. If we fail to communicate any information to you due to a non-current, inoperative, or incorrect email address you are still responsible and accountable for any such information we attempted to communicate.
Uptime: Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Company and that damages resulting from any interruption of service are difficult to ascertain. We guarantee an average uptime of at least 99% each year, but there are influencing factors that are outside of our control, and in most cases even outside the control of the data centers and network providers we work with.
Support: We provide technical support to our Subscribers related to our services functionality. We do not offer technical support for application specific issues such as cgi programming, html, or any 3rd party scripts. We provide a variety of support information and options to our Subscribers. These support options can be found on the support and contact pages of our website. Abuse towards our staff will not be tolerated. If you use foul language, threaten us, or do anything we find offensive, we may suspend and/or terminate your services with no refund offered.
IP Address Ownership: We will maintain and control ownership of all IP addresses that may be assigned to Subscribers by us, we reserve the right to change or remove any and all such IP addresses. Our allocation of IP addresses is limited by the policies set forth by ARIN (American Registry for Internet Numbers). These policies state that use of IP addresses for IP-based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorisation to use those IP addresses.
3rd Party Content Disclaimer: We take no responsibility for any material created by others, even if posted to our website. We are not responsible for the content of any external websites, links are provided for convenience only.
3rd Party Software and Services: We may provide you access to third party software and/or services through reseller relationships we have established with certain commercial vendors. Subscriber understands that product support for this software and services is provided by us and not by the Third Party Vendor, unless otherwise notified. Subscriber accepts that these TOS, as well as the TOS of the 3rd Party must be upheld.
Location and Severability: The TOS shall be construed in all respects in accordance with the laws of UK, US and Europe. If any part of the TOS is found to be invalid or unenforceable by law, the remainder of the TOS will remain enforceable and in full effect.
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Last update: 23 May 2009
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