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1.CONTENT
All services provided by us may
only be used for lawful purposes.
The customer agrees to
indemnify and hold harmless eStoreBuilder.co.uk from any claims
resulting from the use of our services.
Use of our services to infringe
upon any
copyright or trademark is prohibited. This includes but is not limited
to unauthorised copying of music, books, photographs, or any other
copyrighted work. The offer of sale of any counterfeit merchandise of a
trademark holder will result in the immediate termination of your
account. If you believe that your copyright or trademark is being
infringed upon, please Contact Us with the information
required.
Examples of unacceptable
material include:
IRC Bots, Proxy Scripts /
Anonymisers,
Pirated Software / Warez, '.img' / image hosting only sites that do not
host an actual domain name, file sharing/storing sites, download sites,
mp3/video/dvd, Escrow, High-Yield Interest Programs(HYIP) or related
sites, Investment sites (FOREX, egold exchange), AutoSurf sites, Bank
Debentures, Bank Debenture Trading Programs, Prime Banks Programs,
lottery sites, muds / rpgs, hate sites, hacker focused
sites/archives/programs, or sites promoting illegal activities.
eStoreBuilder.co.uk reserves
the right to
refuse service to anyone. Any material that, in our judgement, is
obscene or threatening is prohibited and will be removed from our
servers with or without notice.
If in doubt regarding the
acceptability of your site or service, please contact us at info@eStoreBuilder.co.uk
and we will be happy to assist you.
Potential harm
to minors is strictly forbidden, including but not limited to child
pornography or content perceived to be child pornography.
Any site found to host child pornography or linking to child
pornography will be suspended immediately without notice.
Violations will be reported to
the appropriate law enforcement agency.
It is your responsibility to
ensure that
scripts/programs installed under your account are secure and
permissions of directories are set properly, regardless of installation
method.
2. ZERO-TOLERANCE
SPAM POLICY
We take a zero tolerance stance
against
sending of unsolicited e-mail, bulk emailing, and spam. 'Safe lists'
and 'double opting' will be treated as spam. Any user who sends out
spam will have their account terminated without notice.
We reserve the right to require
changes or
disable as necessary any web site, account, database, or other
component that does not comply with this policy. We also reserve the
right to make any such modifications in an emergency at our sole
discretion.
We reserve the right to charge
the holder of
the account used to send any unsolicited e-mail a clean-up fee. This
cost of the clean-up fee is left entirely to the discretion of
eStoreBuilder.co.uk. All rights reserved.
Sites
advertised via SPAM (Spamvertised) may not be hosted on our servers.
This provision includes, but is not limited to SPAM sent via fax,
email, instant messaging, or usenet/newsgroups. No organisation or
entity listed in www.spamhaus.org may be
hosted on our servers. Any account which results in our IP space being
blacklisted will be immediately suspended and/or terminated.
3. BACKUPS
& DATA LOSS
Your use of the service is at
your sole
risk. We are not responsible for files and data residing on your
account. You agree to take full responsibility for files and data
transferred and to maintain all appropriate backup of files and data
stored on our servers.
4. CANCELLATIONS
& REFUNDS
eStoreBuilder reserves the right to cancel the account at any time.
Customers can choose to close their account at any time.
The provision of our service is deemed to have commenced either when a
site has been installed on our servers, when any bespoke design has been implemented or when a domain name has been
registered on the customer's behalf (where applicable).
The minimum term of contract is one month.
Once the provision of service has commenced, refunds will only be
processed in the cases of unreasonable service non-performance directly
and verifyably attributable to eStoreBuilder.co.uk and will be
pro-rata, based upon services already received less any associated
domain registration costs and an administration fee of £30.
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5. RESOURCE USAGE
Users may not initiate any of
the following:
a) Use 25% or more of system
resources for
longer than 90 seconds. There are numerous activities that could cause
such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive
real-time
chat applications that require server resources. Remotely-hosted
services are fully allowed.
c) Run stand-alone, unattended
server-side
processes at any point in time on the server. This includes any and all
daemons, such as IRCD.
d) Run any software that
interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent
application, tracker, or client.
f) Participate in any
file-sharing/peer-to-peer activities
g) Run any gaming servers such
as Counter-Strike, Half-life, Battlefield 1942, Call of Duty, America's
Army, Defcon etc
h) Run cron entries with
intervals of less than 30 minutes
eStoreBuilder.co.uk reserves
the right to suspend the Customer's account in the event of failure to
comply with the above.
6. BANDWIDTH USAGE
Accounts are allocated a
monthly bandwidth
allowance. This allowance varies depending on the hosting package
purchased. Should an account pass the allocated amount eStoreBuilder
reserves the right to suspend the account until the start of the next
allocation, suspend the account until more bandwidth is purchased at an
additional fee, suspend the account until it is upgraded to a higher
level of package, terminate the account and/or charge an additional fee
for the overages. Unused transfer in one month cannot be carried over
to the next month.
7. PRICE CHANGES
The amount you pay for hosting
will never
increase from the date of purchase. We reserve the right to change
prices listed on our site, and the right to increase the amount of
resources given to plans at any time.
8. INDEMNIFICATION
Customers agree that they shall
defend,
indemnify, save and hold eStoreBuilder.co.uk harmless from any and all
demands, liabilities, losses, costs and claims, including reasonable
legal fees asserted against eStoreBuilder.co.uk 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 eStoreBuilder.co.uk, its agents, employees or assigns. You
agree to defend, indemnify and hold harmless any liabilities arising
out of; (1) any injury to person or property caused by any products
sold or otherwise distributed in connection with us; (2) any material
supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party; (3) copyright infringement and (4)
any defective products sold to customers from eStoreBuilder.co.uk`s
server.
9. DISCLAIMER
eStoreBuilder.co.uk will not be
responsible
for any damages your business may suffer. We make no warranties of any
kind, expressed or implied for services we provide. We disclaim any
warranty or merchantability or fitness for a particular purpose. This
includes loss of data resulting from delays, no deliveries, wrong
delivery, and any and all service interruptions caused by us and our
employees.
10. DISCLOSURE TO
LAW ENFORCEMENT
eStoreBuilder.co.uk may
disclose any
subscriber information to law enforcement agencies without further
consent or notification to the subscriber upon lawful request from such
agencies. We will co-operate fully with all law enforcement agencies.
11. CHANGES TO
THESE TERMS & CONDITIONS
eStoreBuilder.co.uk reserves
the right to revise its policies at any time without prior notice.
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