Acceptable Use Policy and Terms of Service
Simon Tiplady (trading as STiplady.net) issues this document. The company shall be known throughout this document as "STiplady.net".
STiplady.net agrees to provide the client web hosting for a monthly or annual fee. Clients are allowed to use the service for business/commercial or personal websites or content.
Content
All services provided by STiplady.net may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United Kingdom and European (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material of a threatening or obscene nature, any material or content that could be considered as "adult only", or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless STiplady.net from any claims resulting from the use of the service which damages the subscriber or any other party.
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. STiplady.net 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
- Spam and Spamming Software
Background-running Programs
We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. We provide a hosting service not a shell service. You are not allowed to compile and run software on our hosting servers.
Scripting and 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, STiplady.net reserves the right to immediately 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 upto date and not running with a filename including "formmail". Any files including the "formmail" in the name will be deleted without notice.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials
Violation of indecency and obscenity laws can result in criminal penalties.
Intellectual Property Rights
Material accessible to you through STiplady.net's services may be subject to protection under United Kingdom and European (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 STiplady.net 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 STiplady.net Network. If you use a domain name in connection with the STiplady.net 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 STiplady.net 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. STiplady.net will cooperate 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
STiplady.net reserves the right at its sole discretion to refuse or cancel service. Violation of any of STiplady.net's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy violations will not be released to the customer.
Spam Or Unsolicited E-Mail
You must not use the STiplady.net Network, STiplady.net equipment or any STiplady.net 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 STiplady.net Hosting Network, STiplady.net equipment or any STiplady.net 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, STiplady.net reserves the right to disable your domain without warning. In addition, STiplady.net may impose a 100€ penalty for each spam policy violation. STiplady.net solely reserves the right to refuse or cancel service to known spammers. Lastly, STiplady.net reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Abuse
Any attempts to undermine, slander, libel, threaten, or cause harm to a STiplady.net server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold STiplady.net (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against STiplady.net, 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 STiplady.net against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with STiplady.net 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 STiplady.net to the amount paid for service.
Refunds Policy
You may cancel your account at any time before your monthly billing date, and you will not be billed for the next month.
If you are paying annually for web site hosting services, we will issue a pro-rata refund for months not used.
All domain registration fees are non-refundable, 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.
Setup fees (where applicable) are non-refundable under any circumstances.
We do not offer any kind of "money back" guarantee.
Cancelling Your Account To cancel your account you must contact support via the helpdesk and confirm your username and password. We will confirm back the cancellation and you will not be billed again.
Changing a domains DNS to another provider or transferring a domain away from STiplady.net does not constitute a cancellation request. A cancellation request must be submitted to our helpdesk and we will then confirm the cancellation date back to you.
Late Payment
Payment must be made towards your account on its assigned due date. STiplady.net will attempt to automatically rebill your chosen payment method each month.
If your account falls overdue or your chosen payment method is declined, your account may be suspended or terminated at the sole discretion of STiplady.net. STiplady.net may, at its sole discretion, charge a fee of 15€ (£15) to reinstate a suspended account.
A service charge, equal to the charge incurred by STiplady.net from its bank, will be charged to your account for each payment that is returned to STiplady.net for insufficient funds.
When payment is declined from your chosen payment method we will send out an email notice and retry claiming payment the following day, this will generally occur 3 times over a 3-5 day period. After this period if we have not received due payment or had notification from you that the due payment is in hand, your account may be suspended or terminated at the sole discretion of STiplady.net.
It is very important you keep your email address on file with us current. When you change email address please use the contact form to keep us informed of your working contact address.
Failure to keep us updated with your current email address may mean important communications dont reach you, resulting in suspension or termination of your hosting account.
Domain Expiry & Redemption Fee's
Before a domain expires you will be reminded to renew your domain by email to the address we hold on file for you. On the date a domain expires it will be taken offline and you will have 30 days to contact us to renew the domain name at our regular renewal rates.
After 30 days have passed from the expiry date, the domain is in its "redemption period" and to renew the domain at this stage will cost $200 USD (approx 136€) - this is a cost charged by the registry and passed on to you by us. After another 30 to 90 days from expiry have passed, the domain is released to the public so anyone can re-register your domain and you will lose it.
Additional Labour Rates
Any additional work you may require from STiplady.net staff which does not fall within the usual support boundaries is charged at a rate of 60€ (£60) per hour, in 15 minute increments. All charges will be discussed before work commences on a per incident basis. Examples of work beyond the boundaries of normal support include: site scripting problems, script installation, website design and development.
Disclaimer
STiplady.net will not be responsible for any damages your business may suffer. STiplady.net makes no warranties of any kind, expressed or implied for services we provide. STiplady.net 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 STiplady.net and its employees. STiplady.net makes no "uptime" guarantees.
STiplady.net can accept no responsibility for any loss of data or consequences arising from this. STiplady.net always advises clients to back up their site data regularly for their own protection.
All communications (emails, verbal or written) are between STiplady.net and the client. These communications are private and are therefore not to be shared with any other parties.
This agreement is made between the customer (as specified in the customer details section when placing your order) and STiplady.net. If you are purchasing hosting on behalf of another party please ensure you specify the account owners details in the customer details section. STiplady.net will only be able to communicate with regards to the account with the registered customer and not a third-party.
Finally, STiplady.net wishes to emphasize that in accepting services, customers indemnify STiplady.net for the violation of any law or STiplady.net policy, that results in loss to STiplady.net or the bringing of any claim against STiplady.net. This means that if STiplady.net is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against STiplady.net, plus costs and reasonable legal fees.
Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.
STiplady.net reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.