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Terms Of Use
| 1.
Interpretation |
1.1 Definitions
Unless otherwise stated, the following definitions apply to this
document:
- "we", "us", and "our" are references to TechMasters;
- "you", "your" and "customer" are references to the person paying for
services from TechMasters having entered into this agreement;
- "services" are web hosting, domain registration, reseller rights,
outsourced support, email and other services or facility provided by us
to you;
- "server" is the computer equipment operated by us in connection to the
services provided;
- "order" means a request made by the customer to us for services to be
supplied subject to these conditions;
- "charges" are the charges payable by the customer for the provision of
services details of which can be found on http://www.techmasters.co.uk
and may vary from time to time.1.2
Include
The words "include" and "including" are to be construed without
limitation.
1.3 Headings
The headings in this document are for convenience only and shall not
affect the interpretation of these conditions.
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| 2. Ordering process |
2.1 Order acceptance
We have not accepted a customer application and order until account
setup and you receive the 'welcome' email including all details specific
to your account. Until this time, we reserve the right to refuse, cancel
or reject any order made by the customer. In such cases, a full refund
will be made using the same method as payment was originally made.
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| 3. Misuse |
3.1 Spam / Unsolicited Mass
E-mail
The sending of Unsolicited Commercial Email (SPAM) through our servers
promoting any website or through third party servers promoting a website
hosted by us can result in the suspension or termination of the
customers web hosting account without refund. Mailing lists may be
operated as long as individuals choose to subscribe to receive mailings
via clear 'opt in' methods and a strict removal procedure is published
in all mailings. 'Safelists' and other advertising related mailing lists
may not be operated. Any complaints received are taken seriously and
will be investigated.3.2 Chat Rooms
Only the chat room scripts provided for the customer in their control
panel are allowed on our server. Any other scripts found will be
disabled and the account suspended in serious or repeat cases. An
exception to this term is provide for scripts which are FULLY applet
based whereby the applet is downloaded and run from the clients system.
3.3 Account Use
Under no circumstances must our servers be used for the hosting or
communication of, reference to or linking to any of the following:
3.3.1 nudity, pornography, anything of a sexual, lewd,
or obscene nature;
3.3.2 violations of any copyright or any other right of
any third party;
3.3.3 threatening, abusive, harassing, defamatory
statements;
3.3.4 promotion of illegal activities (hacking,
cracking, etc);
3.3.5 information or software containing or about any
kind of virus;
3.3.6 hate speech or hate propaganda;
3.3.7 the collection of personal information for
illegal purposes;
3.3.8 content deemed by us at our sole discretion to be
harmful to us;
3.4 Banned scripts
We do not allow the use of the following scripts on our servers:
- UltimateBBS
- IkonBoard
- All versions of YABB forum
- Proxy scripts
- IRC scripts
- Anonymizer
- Chat rooms not included as standard in the cPanel (see s3.2)
- phpShell and similar command execution scripts
- Matt's FormMail (You
may also use the cPanel formmail script but this has been renamed to
prevent abuse)
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| 4. Billing |
4.1 Payment schedules
The customer agrees to supply appropriate payment for the services
received from us in advance of the time period during which such
services are provided unless the services provided are part of a free
trial offer.4.2 Suspension
We reserve the right to suspend any account after 24 hours if due
payment has not been received. Any added time for payment will be at our
sole discretion.
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| 5. Resource Use |
5.1 CPU & Memory
All accounts are monitored for their use of server resources. If any
account is using a high amount of server resources we will contact the
customer to discuss the issue with them. In serious cases where an
account is using a considerably large amount of system resources
(memory, CPU etc.) the account may be suspended or script disabled
without notice to maintain the smooth running of the server.
5.2 Data transfer and webspace allocations
Customers can request a package upgrade or temporary resource increase
at the costs available to view on our website at http://www.techmasters.co.uk.
It is the sole responsibility of the customer to contact us in advance
of requiring extra resources to prevent account suspension. In some
cases, accounts are automatically suspended when their resource limits
have been reached and manual unsuspension is required by us.
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| 6. Customer
Responsibility |
6.1 Contact Information
The customer is responsible for keeping their contact details up to
date. We cannot be held responsible for communication mixup's as a
direct result of the customers failure to update their details.
6.2 Sensitive data
Customers are responsible for keeping their usernames, passwords and
other sensitive data safe. If a breach is suspected, the customer is
required to request a change of login details by contacting support
staff.
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| 7. Contact procedure |
7.1
If a breach of these terms and conditions is found we will, at our sole
discretion, determine whether it is a serious or minor breach. If a
serious breach of these terms is found we reserve the right to suspend
the account(s) of the customer in question or disable any part of the
account before contacting them. We will however make an attempt to
contact the customer prior to suspension in the event of a minor breach
using the email address we have on record for your account. If no reply
is received within 3 days we will escalate the status of the breach to a
serious breach and may suspend the account(s).
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| 8. Limitation of
Liability & General Terms |
| 8.1
We are not responsible for any claimed damages, which may result from
our servers going offline, or being unavailable for any reason. This
includes damages which may result from the corruption or deletion of
data. The customer agrees to indemnify and hold us and our employees
harmless from any claims, damages, including but not limited to
consequential damages resulting from the use of the service which
damages the customer or any other party.
8.2 We will cooperate
fully with investigations of violation of systems or network security at
other sites and will cooperate with law enforcement authorities in the
investigation of possible criminal violations. Customers who violate
these terms may incur in criminal or civil liability.
8.3 For clients
with multiple accounts, we reserve the right to suspend all accounts
should the main account owner violate these terms and conditions in a
manner deemed by us to be extremely serious.
8.4 We will be
the sole arbiter as to what constitutes a violation of these terms and
conditions. The failure by a customer to meet or follow any of the above
terms and conditions is grounds for account suspension or deactivation.
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| 9. Modification |
| 9.1
We reserves the right to add, delete, or modify these Terms and
Conditions, our hosting packages, prices and website at any time with
notice provided via WWW and/or email(s). All customers are encouraged to
check this document at least once a month to ensure they are aware of
any changes. |
Any questions concerning the above stated
terms and conditions should be
e-mailed to us before ordering.
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