Terms and Conditions - Hosting
ACCOUNT SETUP, BILLING, TERMINATION:
Your account will be charged on the date that the hosting account is setup, the first invoice will pro-rated for the balance of the first month of your selected term.
Hosting accounts are billed one month in advance, accounts are prepared in the first week of every month for the following month. If payment is not received by the due date the account may be taken offline pending resolution.
Clients wishing to cancel their hosting account must give a minimum of 15 days notice by email to email@example.com, if you do not give us ample notice then you will be liable for an additional month.
Overdue accounts will result in immediate suspension of service, the hosting account will be suspended pending resolution. If the account is not paid wthin 7 days the hosting account will be permanently shutdown and removed from the Server.
We may terminate this agreement if you breach these terms and conditions and you fail to correct the breach within Fourteen (14) days following notice from us specifying the breach.
WEBY Systems shall be the sole and final arbitrator in what is considered a breach of the terms.
Files and Folders (includes databases and email)
You are the owner of all files uploaded and/or created under your account and as such are responsible for the content of all files and folders.
You warrant that all files stored under your account shall not be in violation of any law or regulation that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction.
Note any files stored under the public_html folder in your account will be accessable to all vistitors to your website. If you wish to restrict access to certain users you will need to password protect the folder or take other steps to ensure the privacy of those files.
WEBY Systems does not claim any ownership rights or access rights for distribution to any third parties to any files, folders or any materials that have been uploaded or created under your account. We do reserve the right to scan any and all such files to ensure that the files do not contain any viruses or malicious scripts that may be used for unauthorised access to our or any other server.
If we are advised by the automatic scans or by a third party that a file contained under your account is is infected by a virus or poses a risk we will take action and notify you of the situation to have it resolved. The level of the action taken will be commensurate with the risk (ie if only one file is affected then will will restrict access to that file, if the entire website is compromised then access to the site will be blocked).
All servers are hardened and secured prior to being put into service this includes the locking down ssh access administartor use only and installing and configuring a firewall. In addition the server is constantly monitored for unauthorised access and attempts to gain access.
Any attemps to breach server security or other accounts or files on the server by any means will be considered a breach of the terms and conditions.
You are responsible for the security of your account and all usernames and passwords used to access your account.
Formmail scripts prior to Matt Wright's Formmail script version 1.92 (or clones of such scripts) or later are banned as security holes in the script can result in them being used as spamming tools, any Formmail script must have the name changed to something other than Formmail or its derivatives or it will be rejected by the servers.
The following scripts and programs are banned from our servers due to resource manipulation / server misuse:
- Flat file CGI based forums / message boards such as UBB, iKonboard and UlimateBB
- IRC (Internet Relay Chat) scripts or bots
- Proxy Servers
- The Anonymizer
- Formmail scripts earlier than Matt Wright's v1.92 script
- Spamming / hacking / cracking scripts
- PHP Shell scripts
This list is by no means the complete list, if you are unsure if a script you wish to load is allowed please contact us for confirmation, WEBY Systems shall be the sole and final arbiter as to what constitutes a violation of this policy.
Any scripts that you use as part of your website must be maintained and keep up to date, any scripts that are found to be vulnerable or exploited will be deactivated and if necessary the hosting account will be suspended until such time as the script has been made safe.
You will be held responsible for all actions performed by your account whether it be done by you or by others.
It is your responsibility to ensure that you keep regular backups of your site and the information contained on the Server, in the event of Server problem we will attempt to reload the latest backup data from our routines this of course may not be current if you have made any changes since our last backup of the Server.
EXCESSIVE RESOURCE USAGE:
Resources are defined as bandwidth and/or processor utilisation. a website considered to be using "Excessive amounts of Resources" when it monopolises the resources available by using 10% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems, these include Scripts, FTP or HTTP downloads etc. A site that continually breaks through the average daily transfer rate (i.e.. Monthly Rate/30) will also be considered to be using excessive resources.
This policy is only implemented in extreme circumstances and is intended to prevent misuse of our Servers. We reserve the right to suspend or terminate any hosting account that we feel is jeopardising our network. WEBY Systems shall be the sole and final arbiter as to what constitutes a violation of this policy.
You are responsible for sending mail in accordance with any relevant legislation (including data protection legislation) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or misrouting or any other failure of email.
We operate a zero tolerance policy on spamming (the sending of mass unsolicited emails) any "Spam" originating from an email account hosted by WEBY Systems will not be permitted, any user who is in violation of this policy may have their hosting account terminated. WEBY Systems shall be the sole and final arbiter as to what constitutes a violation of this policy.
Email is limited to 500 emails sent per hour per Domain, if you need to send out emails using an email list that may breach this limit please contact us for a suitable application. If you breach this limit your account may be suspended and repeat offenders will have their account cancelled.
RESELLER/ MULTIDOMAIN ACCOUNTS:
Resold accounts will be bound by the same terms and conditions of standard accounts with the reseller accepting all responsibility in relation to the resold accounts, any resold account that breaches the terms as listed on this site will be suspended and the reseller notified. If the breach is not corrected then the account will be terminated. WEBY Systems shall be the sole and final arbitrator in what is considered a breach of the terms.
We specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to any data that is stored on the Server. You warrant that all information and images supplied to us to be placed on the site shall not be in violation of any law or regulation that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction.
You warrant that you will use your assigned Web Site for lawful purposes. In particular, you further warrant that and undertake to us that:
(i) You will not, nor will you authorise or permit any other person to, use the Server in violation of any law or regulation.
(ii) You will not knowingly or recklessly post, link to or transmit any material that is unlawful, threatening, abusive, harmful, malicious, defamatory, violent or teaching violence, obscene, pornographic, profane or objectionable in any way, or containing a virus or other hostile computer program.
(ii) You will not post any information that promotes any Illegal activity such as hacking and cracking (ie. No Warez Sites)
You warrant undertake and agree that the information that will be contained within your web site will comply with all applicable law, and codes of practice governing the use of web sites and related services, including and without limitation, those laws and/or codes of practice governing distance selling and data protection from time to time in force.
Whilst we shall use reasonable endeavours to ensure the integrity and security of the server, we do not guarantee the server will be free from unauthorised users or hackers.