Hosting Terms and Conditions of Service. The following terms and conditions apply to all hosting accounts.
Throughout this document references to Base Two Data refer to hosting accounts sold by Base Two Data directly, on Base Two Data’s physical and virtual equipment.
1. Hosting accounts provided by Base Two Data may not be used to host material to which the user does not own the copyright to, or have prior permission from the owner of the copyright to distribute. This includes the distribution of MP3 files, software, and other pirate material.
1.1 In addition to this, the hosting account may not be used to host utilities to aid the violation of a copyright licence, such as software cracks and key generators.
1.2 Base Two Data reserve the right to question any user as to the copyright ownership of material displayed on a user’s hosting account, and reserve the right to suspend accounts if violation of copyright is suspected.
2. Hosting accounts provided by Base Two Data may be used to host adult material, provided the material complies with the copyright rules laid out in section 1.
2.1 Adult material that violates UK laws will not be tolerated. Any user hosting material found to be in violation of UK laws will immediately have their account terminated with no refund and their details will be passed on to the UK authorities.
3. Hosting accounts provided by Base Two Data are provided on shared machines, therefore a user found to be consuming excessive resources, or causing a denial of service to other users will be suspended pending an investigation into the cause of the problem.
3.1 Any user found to have deliberately caused a denial of service to other users will have their account terminated with no refund for the remainder of the hosting period.
3.2 Any user found to be launching attacks against other Base Two Data or remote servers from Base Two Data servers will have their account cancelled with no refund for the remaining hosting period.
4. Base Two Data shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Agreement, in contract, delict (including negligence), tort or otherwise arising out of or in connection with this Agreement.
4.1 Any opinions put forward in material hosted on a Base Two Data server are not representative of the views of the staff, or company as a whole.
4.2 By signing up for a Base Two Data hosting account the user automatically agree to pay for any legal fees or claims by a third party of loss or damage that result from an action originating from the material hosted on their account.
4.3 Base Two Data is not legally liable for losses and/or damage to a company that may be a result of downtime on the Base Two Data servers or network. In addition Base Two Data is not legally liable for any losses and/or damage to a company which may be a result of domain registration/renewal or transfer issues . While Base Two Data shall attempt to provide the most reliable service possible, no guarantees as to the uptime of a server are made as part of this contract.
5. Base Two Data reserve the right to invoice the user for any additional charges that they may incur because of the usage of their hosting account.
5.1 Base Two Data reserve the right to invoice users for additional bandwidth at a rate of £2 per gigabyte over the limit of their service plan. Users shall be informed if their site is exceeding acceptable traffic levels. Users should be aware that this traffic includes FTP usage.
6. Base Two Data hosting accounts shall not be used for the sending of unsolicited bulk messages (also known as spam) via any medium.
7. Base Two Data accounts may not be resold unless a prior agreement has been reached concerning resale.
8. If the user wishes to close their account within the first 30 days they may do so and receive a full refund (except domain name registry fees) after 30 days cancellation may occur but the user will not be entitled to a refund of any sort unless the account is not functioning as described at the time of sale.
8.3 All .uk domain registrations are subject to the Nominet terms and conditions – available at http://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration . Terms for other domain extensions are available on request.
8.4 Refunds will awarded will be for base package costs only, refunds are not available on account extras or add-ons.
8.5 All refunds are at the discretion of Base Two Data staff.
8.6 Customer information may be shared with carefully selected third parties as required. For example, for domain registrations / software vendors / security providers. Those third parties may hand your details over to law enforcement agencies or similar if it is deemed necessary.
8.7 Customer information may be used for marketing purposes however they can unsubscribe at any time from this.
8.8 As part of our security monitoring activities we log activity at an IP Address level, this helps us identify unusual activity that may require investigation as part of bug fixing, configuration management, incident investigation or suspected malicious activity. This information is required to help us fulfil our contractual obligations to you. Our Logs are securely maintained with limited, authorised access and are retained for up to six months after which they are permanently erased.
9. Base Two Data reserve the right to close accounts at any time without prior notice to the user.
10. Base Two Data reserve the right to make amendments to these Terms and Conditions without notification to the user.
11. Base Two Data and their staff reserve the right to deal with any circumstances that arise in a way that is deemed to be suitable at the time.
12. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. The parties agree that the English Courts have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
Hosting T&C v1.0.1