1.
Where the context admits:
"We" includes RightGoodHosting, PunkyHosting.com,
Web Care Takers, RightGoodHosting.com, RightGoodHosting.net or
any party acting on RightGoodHosting's implicit instructions.
"You" includes the person purchasing the services or
any party acting on the customer's instructions.
"Server" means the computer server equipment operated
by us in connection with the provision of the Services.
"Web Site" means the area on the Server allocated by
us to you for use by you as a site on the Internet.
In consideration of the mutual covenants herein, the parties agree
to the following, which shall apply during the term of this agreement.
By using our services you agree to be bound by our terms and conditions
below:
2. Web Site Hosting And Email
2.1 We make no representation and give no warranty as to the accuracy
or quality of information received by any person via the Server
and we shall have no liability for any loss or damage to any data
stored on the Server.
2.2 You shall effect and maintain adequate insurance cover in respect
of any loss or damage to data stored on the Server.
2.3 You represent, undertake and warrant to us that you will use
the Web Site allocated to you only for lawful purposes. In particular,
you represent, warrant and undertake to us that.
2.3.1 you will not use the Server in any manner which infringes
any law or regulation or which infringes the rights of any third
party, nor will you authorize or permit any other person to do so.
2.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious,
defamatory, obscene, pornographic, blasphemous, profane or otherwise
objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission
of, a criminal offense or which infringes any patent, trade mark,
design right, copyright or any other intellectual property right
or similar rights of any person which may subsist under the laws
of any jurisdiction.
2.3.3 you will not send bulk email whether opt-in or otherwise from
our network. Nor will you promote a site hosted on our network using
bulk email.
2.3.4 you will not employ programs which consume excessive system
resources, including but not limited to processor cycles and memory.
2.4 We reserve the right to remove any material which we deem inappropriate
from your web site without notice. We do not host Warez, Adult or
illegal MP3 content (i.e. you may only upload MP3's if you own the
copyright).
2.5 You shall keep secure any identification, password and other
confidential information relating to your account and shall notify
us immediately of any known or suspected unauthorized use of your
account or breach of security, including loss, theft or unauthorized
disclosure of your password or other security information.
2.6 You shall observe the procedures which we may from time to time
prescribe and shall make no use of the Server which is detrimental
to our other customers.
2.7 You shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and in a secure
manner.
2.8 In the case of an individual User, you warrant that you are
at least 18 years of age and if the User is a company, you warrant
that the Services will not be used by anyone under the age of 18
years.
2.9 Any access to other networks connected to RightGoodHosting must
comply with the rules appropriate for those other networks.
2.10 While we will use every reasonable endeavor to ensure the integrity
and security of the Server, we do not guarantee that the Server
will be free from unauthorized users or hackers and we shall be
under no liability for non-receipt or misrouting of email or for
any other failure of email.
2.11 Users that abuse the network, such as mass unsolicited email
(spam), illegal content, fraud, payment invasion, will have their
name, website address, details of the abuse and ip number posted
on our "name and shame" forum to aid other hosts and our
resellers in refusing you future accounts. Under all circumstances
we will inform your ISP of your actions and if necessary legal and
police departments. We will not tolerate any abuse of our network
and abuse will be punished to the fullest extent allowable under
law.
2.12 In relation to clause 2.11, we have the right to charge a $150
/ £100 fine for each abuse case and the abuser will be liable
for any costs incurred by ourselves, our customers or any other
company / business linked to us.
2.13 If you abuse the network or we receive a complaint about your
account we will investigate this and we have the right to suspend
the account if your actions could have a negative effect on our
business or any other business connected to us. In extreme cases
we may terminate your account and end our business relationship
with you immediately. In such circumstances a refund will not be
paid. Attempts to recover any monies paid in abuse situations will
result in legal proceedings against you to the fullest extent allowable
under law.
2.14 The above clauses, namely 2.11, 2.12 and 2.13 are here to protect
our honest and legitimate customers from the negative effects caused
by abuse of our network. We take abuse extremely seriously and we
will always punish abusers to the fullest extent in EVERY case without
exception.
3.Web Site Hosting Service Availability
3.1 We shall use our reasonable endeavors to make available to
you at all times the Server and the Services but we shall not,
in any event, be liable for interruptions of Service or down-time
of the Server.
3.2 We shall have the right to suspend the Services at any time
and for any reason, generally without notice, but if such suspension
lasts or is to last for more than 7 days you will be notified
of the reason.
3.3 The Services provided to you hereunder and your account with
us cannot be transferred or used by anyone other than you. No
more than one log-in session under any one account may be used
at any time by you. If you have multiple accounts, you are limited
to one login session per system account at any time; user programs
may be run only during log-in sessions. If your account is found
to have been transferred to another party, or shows other activity
in breach of this subclause, we shall have the right to cancel
the account and terminate the Services and/or this Agreement immediately.
3.4 Uptime guarantees do not include downtime required to upgrade
/ service hardware or problems caused by your equipment or 3rd
parties, for example but not limited to, your ISP (internet service
provider).
4. Payments
4.0 All payment will be handled by Web Care Takers on behalf of
RightGoodHosting through PayPal, you can read the PayPal user
agreement HERE
4.1 All charges payable by you for the Services shall be in accordance
with the scale of charges and rates published from time to time
by us on our web site and shall be due and payable in advance
of our service provision. We reserve the right to change pricing
at any time although all pricing is guaranteed for the period
of pre payment.
4.2 Payment is due each month or year until closure notice is
given. If you choose to pay by credit or debit card you authorize
RightGoodHosting's credit card / debit card processing (Paypal
or WorldPay) to debit your account renewal fees from your card.
4.3 All payments must be in either $US (US dollars), £UK
(UK pounds) or Euro.
4.4 Without prejudice to our other rights and remedies under this
Agreement, if any sum payable is not paid on or before the due
date, we shall be entitled forthwith to suspend the provision
of Services to you.
4.6 Orders submitted using free email accounts may be subject
to a telephone call to confirm the order prior to the account
being set up.
4.7 From time to time security checks are performed and new customers
may be telephoned prior to any service commencing.
4.8 If unpaid monies are owned to us for one or more services
we reserve the right to suspend / terminate all services you hold
within the RightGoodHosting network and it's sister websites.
4.9 If monies are owned to us are not received in full within
30 days of our final request it will be considered as fraud and
our fraud policy, as detailed on our website, will be used to
collect such monies without exception.
5. Web Site Hosting Termination
5.1 If you fail to pay any sums due to us as they fall due, we
may suspend the Services and/or terminate this Agreement forthwith
without notice to you.
5.2 If you break any of these terms and conditions we may suspend
the Services and/or terminate this Agreement forthwith without
notice to you.
5.3 If you are a company and you go into insolvent liquidation
or suffer the appointment of an administrator or administrative
receiver or enter into a voluntary arrangement with your creditors,
we shall be entitled to suspend the Services and/or terminate
this Agreement forthwith without notice to you.
5.4 Refunds will be given at the discretion of the Company Management
including refunding of upfront yearly fees
5.5 We reserve the right to suspend the Services and/or terminate
this Agreement / your account at any time with no notice or reason.
5.6 You may cancel the Services at any time. Canceling payments
to us on monthly paid plans will result in the immediate suspension
of the service(s). For annually paid plans the account will be
suspended at the end of the 12 month period. Partial refunds will
only be given on annual plans.
5.7 On termination of this Agreement or suspension of the Services
we shall be entitled immediately to block your Web Site and to
remove all data located on it.
5.8 When an account termination request is received it will only
be actioned if it contains enough proof that we know it came from
the authorized account holder. Such information required is: account
number, username, password.
5.9 When an account termination request is received and complies
with 11.7 it will be terminated immediately. We do not accept
termination requests that request closure at a future date.
5.10 Accounts closed in error by the customer will not be reopened
unless we receive new payment equivalent to one months service
which must then be cancelled by the customer at the correct time
of closure.
6. Law
6.1 This Agreement shall be governed by and construed in accordance
with English law and you hereby submit to the non-exclusive jurisdiction
of the English courts.
7. Headings
7.1 Headings are included in this Agreement for convenience only
and shall not affect the construction or interpretation of this
Agreement.
8. This agreement
8.1. By performing any transactions on this web site you agree
to these terms and conditions and also agree to make any person(s)
who use our services aware of our terms and conditions.
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Futher Policies
Privacy Policy
We are committed to protecting your privacy. We will only use the
information that we collect about you lawfully (in accordance with
the Data Protection Act 1998).
We collect information about you
for 2 reasons: firstly, to process your order and second, to provide
you with the best possible service.
We will not pass your email address
to other trusted traders unless you agree.
The type of information we will collect about you includes:
- Your Name
- Your Address
- Your Email Address
- Your Internet IP Address
The information we hold will be
accurate and up to date. You can check the information that we
hold about you by emailing us. If you find any inaccuracies we
will delete or correct it promptly. The personal information which
we hold will be held securely in accordance with our internal
security policy and the law.
If we intend to transfer your information
outside the EEA (European Economic Area) we will always obtain
your consent first.
If you have any questions or comments
about privacy, get in touch using out contact page HERE
You will not be assigned the full amount of your disk
space when you sign up (unless you request this). But your quota
of disk space will be raised as and when you need it up to (and
sometimes beyond) your quota limit. This allows us to be very
flexible which we believe works in your favour. We will NOT punish
you for going slightly over your quota, this flexibility is bourne
of the aforementioned quota system.
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SPAM Policy
The sending of unsolicited email, aka spam / spamming from our
network is not tolerated. A fine of $150 / £100 will be
charged to your account if it is found that you have "spammed".
If this is not paid our credit card fraud policy will be used
to recover this fine. Every spam complaint will be investigated
by our abuse team and any unjustified complaint(s) will not be
held against you.
BACKUPS
YOU are responsible for backing up your website, this includes emails and MySql databases.
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