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Press2web Terms of Service: Press2web Terms of ServiceTHIS AGREEMENT is between Press2web. (“PRESS2WEB”) and you ("Client"). A. WHEREAS, PRESS2WEB provides website hosting; B. WHEREAS, Client desires Press2web to provide website hosting; Press2web (referred hereinafter as 'Press2web', 'our', 'we' and 'us') is a web hosting and internet solutions company. All accounts on our web servers, including single-domain and multi-domain reseller accounts are subject to the Terms of Service described in this document. This includes your clients (resold accounts), if you resell our services to your clients. Our Terms of Service define what is acceptable regarding the usage of our servers. These policies protect our clients who utilise our online services. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to the Terms of Service below. 1. User Conduct Our services may only be used for lawful purposes -- any use of these services which violates any laws which may apply to Press2web, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. This means that while using the service, you may not: Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libellous, offensive, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offensive, give rise to civil liability, or otherwise violate any law and restrict or inhibit any other user from using and enjoying the Internet. 2. Resource Usage and Illegal content Users may not initiate the following on our servers: Run any type of interactive real-time chat applications that require server resources. Remotely hosted services are fully allowed. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. Run any software that interfaces with an IRC (Internet Relay Chat) network. Examples of Unacceptable content or links:
Also prohibited are sites that promote any illegal activity or present content that may be damaging to PRESS2WEB servers or any other server on the internet. Links to such materials are also prohibited. Content must not consume more than 8Mb of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time. We reserve the right to suspend any service without warning or compensation in the event of non-compliance with these limits. PRESS2WEB reserves the right to the final decision on what constitutes abuse. 3. Zero Tolerance Spam Policy Press2web takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network; this includes reseller and resold accounts. Very simply this means that Clients of Press2web may not use or permit others to use our network to transact in UCE. Clients of Press2web may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service. Violation of PRESS2WEB SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Press2web will initiate an immediate investigation (within 48 hours of notification). During the investigation, Press2web may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Press2web may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Press2web reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Press2web will notify law enforcement officials if the violation is believed to be a criminal offence. First violations of this policy will result in an "Administrative Fee" of GBP£500 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of GBP£1000 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed GBP£200 per hour that Press2web personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account. 4. Indemnification Press2web shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Press2web servers going off-line or being unavailable for any reason whatsoever. Further, Press2web shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Press2web servers. 5. Refusal or discontinuation of service We reserve the right to refuse, cancel or suspend service without notice, at our sole discretion. Our decision will be final. Press2web may deny you access to all or part of the service without notice if you engage in any conduct or activities that Press2web in its sole discretion believes violates any of the terms of service in this agreement. You agree that Press2web has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. 6. No warranties Press2web makes no warranties or representations, except the money back guarantee policy as advertised, of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Press2web or its agents or employees shall create a warranty. Press2web provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Press2web be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to ac cess the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Press2web service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service. You understand that by placing information on Press2web servers that such information becomes available to all Internet users and that Press2web has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Press2web servers and the Internet. Your use of the service is at your sole risk. Press2web is not responsible for files and data residing on your account. You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by Press2web, including restrictions on services available with each service type, restrictions on certain features, and all other policies. 7. Account-Holder Identification Information You agree that you as the person legally responsible for all use of this account are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in his or her own name. You agree to supply Press2web with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use. 8. Violation of the Terms of Service As an account holder and/or reseller, you are responsible for your client's accounts. If one of your clients is in violation of the terms of service, we reserve the right to suspend or terminate the account at our sole discretion, depending on the severity of the violation and will inform you at the email address provided to us at the signup. If you or any of your customers violate these terms within the first 30 days of service you do not qualify for the Money Back Guarantee. 9. Domain Registration Terms and Conditions Domain name registration services where carried out by Press2web. We cannot be held responsible for any infringements against registered trademarks and further to this, the registrant of any such Domain name infringement will indemnify Press2web against any responsibility for such infringements of trademark. By registering a domain name using our service the registrant agrees with all of our Terms of Service. Domain name registration fees are Non-refundable in any circumstances, once we have processed a Domain name, it is irreversible. Domain names will be automatically renewed unless cancellation is requested 7 days prior to the domain name expiration. In addition to these terms of registration, all domain name registrants are bound by the policies, terms and conditions implemented by ICANN and the .uk Domain registry (Nominet). These policies, terms and conditions can be found here:- http://www.icann.org and http://www.nominet.org.uk 10. Payment of Fees You agree to supply appropriate payment for the services received from Press2web, in advance of the time period during which such services are provided. You agree that until and unless you notify Press2web of your desire to cancel any or all services received, those services will be billed on a recurring basis. 11. Overdue Accounts Service will be suspended on accounts that reach 7 days past due. Services interrupted due to lack of payment may be subject to a GBP£20.00 reconnect fee for each hosting account. If we do not receive payment after a further 7 days, the account may be cancelled. Such termination will not relieve Client of responsibility for the payment of all accrued charges. We may use a 3rd party to recover any unpaid fees incurred during the period of service provided, plus reasonable interest and any collection fees. 12. Refund and Disputes All payments after the initial 30 days of service to Press2web are non-refundable. Domain Name Registration fees are non-refundable. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Press2web sole discretion is a valid charge under the provisions of this Terms of Service agreement, you agree to pay Press2web an "Administrative Fee" of GBP£50.00. 13. Refunds for Web Hosting Services No refunds other than those that qualify for our 30-day money back guarantee will be issued under any circumstances. 14. Money Back Guarantee Should you become dissatisfied with our services within the first 30 days of your account activation, Press2web will refund your hosting fee (Excluding any Domain registration fee, which is non-refundable). Accounts cancelled/terminated by Press2web for violating our Terms of Service Policy do not qualify for the 30-day money back guarantee. Clients who have held accounts with us previously are not eligible for the 30 Day Money Back Guarantee under any circumstance. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, contact info@Press2web 15. Resellers A Reseller is someone who purchases Press2web services and resells them to their clients. Resellers must bill their own customers and provide support to their clients. Resellers are responsible for all of their clients and must ensure that their clients abide by our Terms of Service. As you are ultimately responsible for the actions of your clients over the Press2web network, it is advisable that you develop a similar, or stricter, Terms of Service policy for your clients. 16. Data Transfer and Disk Space Usage Client agrees that Data Transfer (bandwidth) and Disk Space Usage shall not exceed the number of megabytes (MB) per month for the Services ordered by you. The Press2web Hosting Management System automatically suspends accounts, which exceed the bandwidth limit. Bandwidth usage can be found in your Control Panel and should be monitored. Bandwidth is reset at the beginning of each service period. You may upgrade your plan at any time to prevent your website from exceeding its set bandwidth limit. Your initial 12 month hosting plan gives you 100 MB disk storage space and 1000 MB website traffic (bandwidth) for free. Purchase an additional 250 MB disk storage space and 2500 MB bandwidth for GBP£5.00 per month. 17. Compensation - Data storage - Backup - Service In the unlikely event of data or service loss, no compensation will be payable by Press2web or any persons connected with Press2web for any loss of service, data, earnings or other losses, due to any hardware failure or loss of service from our server. We carry out daily backups of server data, this data is then copied and transferred to another server or hard drive. This does not mean that we are responsible for the safe storage of our client's data; we carry out this service as a good working practice. If loss of data occurs due to an error of Press2web, Press2web will attempt to recover the data at no charge to the client. It is the clients' responsibility to maintain local copies of their website content. If data loss occurs due to negligence of client in securing their account or by an action of the client, Press2web may attempt to recover the data from the most recent archive for a GBP£100.00 fee. Faults should be reported to info@Press2web 18. Internet Protocol Numbers Press2web maintains control and any ownership of any and all Internet Protocol (IP) numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. 19. Technical Support Press2web provides technical support to our Clients. We limit our technical support to our area of expertise. The following are our guidelines when providing support: Press2web provides support related to your website hosting or functioning. We do not offer tech support for application specific issues such as CGI programming, Cold Fusion, ASP, .NET, PHP, MySQL, Microsoft SQL or any other programming/database application. Press2web does not provide technical support for YOUR Clients. 20. Cancellation of accounts If you no longer need Press2web services, then you agree to take the proper actions to cancel your account. All requests for cancelling accounts must be emailed to info@Press2web with at least 30 days notice. You must include your username and password in your cancellation email (this ensures no one but you can cancel your account). No refunds will be issued. 21. Agreement Acknowledgement This agreement supersedes any written, electronic, or oral communication you may have had with Press2web or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Failure to follow any term or condition listed above will provide Press2web grounds for the immediate account deactivation of the offending account holders site, further, without refund of any payment made to Press2web. We will also report abuse of any kind to the relative authority and seek legal action if required. These Terms of Service are subject to change, it is the responsibility of the Account holder or registrant of our services to read and accept these conditions, before using any of our services. By obtaining our services, the client is stating that they agree with all of our Terms of Service and understands them fully. This Terms of Service page of our website shall be legally binding and applies to all clients at all times - the most recent published information here applies to all clients - existing and new. 22. Refusal of Service We reserve the right to refuse, cancel, or suspend service at our sole discretion. 23. Privacy No information provided by you to us is sold to any outside 3rd party for any reason.
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