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Terms & Conditions
Ergonet Ltd. of Glastonbury
Agreeing to Ergonet Ltd's Acceptable Use Policy and Terms of Service is mandatory for hosting, signing up or using our services. Please make sure you read everything below. The following rules apply also to sites you host with Ergonet. When you purchase our hosting services through our online payment system, you are asked if you agree with both the ToS and AUP encapsulated here, in what is known as the 'Terms and Conditions'. If you did not tick the box confirming your agreement with and adherence to our 'Terms and Conditions' then you will not be able to purchase our hosting services.
Terms of Service can be found further down in the article
Acceptable Usage Policy
Introduction
During the term of its agreement with Ergonet, the Customer must ensure that the use of any resource offered to the Customer or owned or controlled by Ergonet ('the Service') conforms with Ergonet's current Acceptable Use Policy ('AUP'). Ergonet may modify the AUP and TOS as deemed appropriate without prior notice; such modified AUP is effective upon posting on Ergonet's website. We may make attempts to inform you of such modifications though these remain at our discretion.
Responsibility
You are responsible for making sure your sites and all sites that you host are in accordance with all rules on this page. Misuse by you may result in actions taken on your account, including removal from the host without a refund.
Inappropriate Use
The Service must not be used to publish, post, distribute or otherwise disseminate unlawful material or information including, but not limited to: threatening, harassing, defamatory, obscene or fraudulent information and materials, or proprietary, copyrighted or otherwise intellectually protected information and materials for which the customer does not have authorisation or authority to possess or distribute. The Service must not be used to request unlawful services or materials. The Service must not be used for activitiesthat Ergonetdeems to impact negatively on its customers or on its ability to deliver services to its customers. Such activities may include, but are not limited to the following:
Obscene Speech or Materials
The distribution of child pornography or any obscene, abusive, defamatory or threatening speech or material. You may not host any site containing adult-oriented content, including nudity of any kind. Portal sites linking directly to adult-oriented content are also not acceptable.
Intellectual Property Infringement
Any activity infringing on the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets and patents.
Spamming
Sending unsolicited commercial bulk email ('UCE' or 'SPAM'), news postings or chain letters, transmitting of advertising, or otherwise making available any software, program, product or service that is designed to facilitate sending UCE; use of web pages that allow spamming (known as 'ghost sites') that directly or indirectly refer to domains or IP addresses hosted by Ergonet. Ergonet reserves the right to determine in its sole discretion what constitutes UCE, based on the information available. Sending any email to purchased lists or lists obtained by any other method (such as harvesting) is not acceptable. Customers may send email only to recipients who have joined mailing lists directly from their site. We may also require clients to join anti-spam or junk monitoring programs such as those provided by Microsoft to help maintain best practise when sending out bulk email that may be identified as spam by Microsoft's mail servers.
Maintaining an Open Email Relay
Allowing email to be sent through the Customer's system by a third party (ie. neither to nor from Customer or Customer's accounts).
Fraud
Using a false identity; using pyramid/ponzi scheme; storage or transmission of any intentionally incorrect data or packet or using fraudulent personal or billing information.
Virus, Worm, or Trojan horse program distribution
The deliberate transmission of computer viruses, worms or trojan software.
Denial of Service
Using any technique to intentionally degrade or disable the delivery of any legitimate data.
Glutting of servers
Over-sized storage of any files that would be unreasonably large (ie. making a zipfile filled with text files just to pad the size).Your web space is not to be used for data backup -it is to be used only for hosting real websites.
Unauthorised Access
Attempting to gain unauthorised entry to any site or network, or any network or host scanning, probing, monitoring or other information-gathering associated with such activity; using the Service to guess passwords.
Applications
Customer may not run any program or script on the server that runs constantly or 'listens' on ports unless provided in the control panel. This includes applications associated with chat services.
Public Forums
Inappropriate postings to newsgroups, chat rooms, electronic bulletin boards and any other public forum on, or using, the Service.
Customer Responsibilities
Bulk Email
Customers sending bulk email must provide recipients with an easy and effective mechanism for removing themselvesfrom any bulk email list. Customers must include the source of the addressee's address in each bulk email message. Please also see above 'SPAMMING'.
CPU Usage
Sites may not use extreme unwarranted CPU usage. This includes usage of 'heavy' scripts or Flash/shockwave files. By 'heavy' we mean over-sized without due cause, to the point where most users would be unable to view them in a reasonable amount of time. No single site may consume 30% of CPU usage for a sustained period of time.
Service Resale
Customers may not resell the Service or any portion of the Service under any circumstances unless first agreed with the host, Ergonet. Failure to do so can result in instant account termination.
Password Protection
Customers are responsible for protecting passwords and for any authorised or unauthorised use of them.
Music Files
The Customer may not have sound/video files in any format (MP3, ASX, ASF, RA, RAM , QTV) without permission of the copyright-holder, to avoid theillegal transfer of copywritten material.
Content Protection
The Customer agrees to provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material that the Customer publishes via any Ergonet Service.
Content Ownership
Customers are responsible for all content or information residing on, or obtained by, or transmitted via, the Service, regardless of whether such use is by the Customer.
File repository/Dump Sites
The Customer may not use disk space as a file repository or dump site. This includes but is not limited to warez, serialz, sound files, applications andzipfiles. This includes using the space in order to store content used on other sites (remote linking). Examples of this would be using the web space to store images for auction descriptions, flash or any other files used on another site but stored on our server.
Free Email/Hosting Sites
We do not permit the free giving of POP3 email accounts or the issuing of free hosting. This includes near-free accounts(such as onepenny per year or other peppercorn prices).
Facilitating AUP Violation
Customer activity that facilitates the violation of this AUP by any party constitutes a violation of this AUP by the Customer.
AUP Enforcement
Violation of the AUP may subject the Customer to international, national, EU, US federal and/or state civil and/or criminal liability. Ergonet reserves the right to suspend and/or terminate Customer's access to the Service at any time for violating this AUP, in its sole discretion and without prior notice. Ergonet also reserves the right to suspend, filter or block and/or terminate the Customer's access if the Customer's account is being used to exploit or attack the Service or the networks of others. If the Customer's account has been compromised and attempts to reach the Customer and/or to have the Customer repair a breach of security fail, Ergonet reserves the right to suspend or terminate the Customer's service. If the Customer's access is suspended or terminated, Ergonet, in its sole discretion, may refuse to accept all new e-mail sent to the terminated e-mail address and to delete the Customer's data stored on theService. Ergonet reserves the right to fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.
Violation of Rules
Breaking any of these aforementioned rules may result in immediate account suspension without refund, as well as in criminal prosecution where deemed necessary.
LIMITATION OF LIABILITY
Ergonet Ltdshall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from servers going offline or being unavailable for any reason. Further Ergonet shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any website or data from one of Ergonet's servers. All damages shall be limited to the immediate termination of service. Ergonet shall be the sole arbiter of what is and is not deemed a violation of these acceptable use policies. Ergonet reserves the right to terminate an account at any time and for any reason, if itcauses harm to any customer's website(s). Ergonet reserves the right to delete all content and files upon termination. Ergonet reserves the right to withhold any pre-paid funds for any site removed because of violation of these policies. Ergonet reserves the right to refuse, cancel or suspend the Service at our sole discretion. Ergonet reserves the right to change these policies without prior notice or warning. Non-enforcement of any part of these policies does not constitute consent.
Terms Of Service
1. Definitions
1.1 'Customer' or 'Client' refers to customers of Ergonet Limited.
1.2 'Registrant' means the Customer applying or having applied to Ergonet Limited to register a domain or domains on behalf of the Customer.
1.3 'Web site' means a web site and all associated files, not limited to source code, scripts and database information.
1.4 'Days' shall be taken to include business days (Monday to Friday), weekends (Saturday and Sunday) and all public holidays, including bank holidays.
2. Agreements
2.1 The Customer agrees to make payment for each service period in advance of the period.
2.2 The Customer agrees to be bound by these Terms of Service and Acceptable Use Policy at all times.
2.3 Non-payment for services will result in automated service suspension.
2.3.1 Customers are sent an invoice for their monthly hosting 14 days in advance of the period start, via e-mail. Up to 4 reminders will be sent until 7 days after the applicable hosting period, after which the hosting account will be automatically suspended until invoice payment is made.
2.3.2 Payments may be made via our 'Client Support Area' using a credit or debit card. Payments online are processed through PayPal, though you do not need a PayPal account to use this service.
2.3.3 Customers may also pay by cheque (payable to 'Ergonet Limited') or bank transfer (Lloyds Bank - Sort code: 20-99-40 Account: 10837946 - please use the invoice number as a payment reference). Please be sure to inform Ergonet that you have paid via these alternative methods. (E-mail: support@ergonet.org).
2.4 Ergonet Limited reserves the right to terminate or suspend service, at its discretion, to any Customer that it deems to be in violation of these Terms of service and/or Acceptable Use Policy.
2.5 Suspension and Cancellation
2.6 Ergonet Limited reserves the right to suspend or terminate service at any time for violation of these Terms of Service or Acceptable Use Policy or any other reason at its sole discretion.
2.7 Ergonet Limited will take reasonable care in notifying the Customer of service suspension or cancellation and reasoning for this.
2.8 Ergonet Limited reserves the right to suspend or terminate service without prior notice.
2.9 The Customer agrees to provide 30 days written notice of service cancellation.
2.10 The Customer accepts that all invoices must be paid and any debts to Ergonet Limited cleared before an account can be closed and the contract terminated.
3. Reseller Policy
3.1 Resellers and dedicated server clients are responsible for the contact of their customers and in ensuring that their clients conform to the Acceptable Use Policy and Terms of Service.
3.2 Resellers and dedicated server owners are responsible for ensuring that their customers are aware of these Terms of Service and the Acceptable Use Policy.
3.3 A reseller or dedicated server owner's customer is defined as anyone who has been granted access to the server.
4. Indemnification
4.1 The Customer agrees that it shall defend, indemnify, save and hold Ergonet Limited harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Ergonet Limited, its agents, its Customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed, including hosting and all associated services (including email). The hosting Customer agrees to defend, indemnify and hold harmless Ergonet Limited against liabilities arising out of:
4.1.1 Any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party.
4.1.2 Copyright infringement.
4.1.3 Any defective products sold to Customer from Ergonet Limited's servers.
4.1.4 Any loss of service as regards hosting, hosting services, email services or website service provision, including loss of online data availability.
5. Billing Data
5.1 It is the Customer's responsibility to keep all data related to the billing of services up to date and accurate. If the Customer submits incomplete billing data the Customer will be asked to complete it. Failure to comply will result in account suspension until completed. Failure to provide accurate and correct billing data will result in immediate account termination, and may result in civil or criminal liabilities.
6. Domain Names
6.1 Ergonet Limited will consider all requests for domain name registration and accept or reject them in accordance with guidelines set by the relevant naming authorities. *.uk domain registrations must abide by http://www.nic.uk/terms.html. Global domain registrations (.com/.net/.org/.info/.biz) must abide by INWW terms.
6.2 Upon acceptance of registration requests, Ergonet Limited will submit names for registration and make full registration upon receipt of payment.
6.3 Once a domain name has been registered, no refunds will be made by Ergonet Limited.
6.4 Ergonet Limited reserve the right to halt the registration or transfer/release of a domain name if outstanding monies are owed to them by the Registrant, for any reason.
6.5 Ergonet Limited processes domain registration requests on a first come, first served basis. Until the Registrant receives confirmation of registration from Ergonet Limited, there is no guarantee that the domain name requested has been registered.
6.6 Ergonet Limited may cancel or halt domain name registrations at its discretion if it feels that completion of the registration will compromise Ergonet Limited's interests, or for other relevant reasons. In such an event, the Registrant will be notified by Ergonet Limited of its reasons.
6.7 Ergonet Limited does not accept any responsibility for the use of registered domain names, including where there may be conflict over rights to ownership. The Registrant agrees that it shall defend, indemnify, save and hold Ergonet Limited harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Ergonet Limited, its agents, its Customers, officers and employees, that may arise or result from a domain registration provided or performed or agreed to be performed on behalf of the Registrant.
6.8 The Registrant agrees that all details submitted in respect of a domain name registration are true and correct, and holdsErgonet Limited harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Ergonet Limited, its agents, its Customers, officers and employees, that may arise or result from such false or incorrect details so submitted.
6.9 In the event of a domain registration or other dispute, the Registrant must be able to demonstrate that the registration of a domain name and the way in which it is used (directly or indirectly) does not infringe the legal rights of any third party.
6.10 The Registrant indemnifies Ergonet Limited from any legal proceedings and costs that arise as a result of the registration of a domain name.
6.11 Data submitted by the Registrant pertaining to the registration of a domain name will not be made available to other organisations and members of the public, apart from that made public by the relevant naming authority.
6.12 Ergonet Limited reserves the right to make alterations to the terms and conditions of domain name registration at any time.
6.13 Transfers and renewals of domain names will be made under Ergonet Limited terms and conditions of domain name registration in force at the time of transfers or renewals.
6.14 These terms and conditions constitute the entire agreement between Ergonet Limited and the Registrant of the domain name. These terms and conditions depose all prior agreements whether verbal or written.
6.15 Should Ergonet Limited cease trading, domain renewals must be carried out through the relevant naming authority and all active services must be transferred to a new provider. Ergonet Limited warrants that it will provide reasonable access to the Customer for the purposes of web site data retrieval, for a reasonable period after cessation of trade, such period being notified to the Customer by e-mail at or about the time of cessation.
7. Cancellations
7.1 The client must provide 30 days notice for the cancellation of service. Failure to provide 30 days notice may result in an administrative fee.
7.2 No refunds will be given for un-used periods of service.
7.3 If no cancellation request is received then the contract is automatically renewed.
7.4 Any invoices that are more than 35 days overdue will be sent for debt collection.
7.5 If the Customer is having difficulty in providing payment for any services provided by Ergonet, they should contact us to agree upon continued provision of any service the Customer may still require.
8. Amendments and Updates
8.1 Ergonet Limited reserves the right to update and amend these Terms and Conditions at any time or its choosing and without notification. It is advised that you check these Terms and Conditions from time to time.
9. Statutory Rights
9.1 These Terms of Service do not affect your statutory rights as a consumer. Ergonet Limited is a company registered in England and Wales under the Companies Act.
10. Client Account Administration
10.1 Ergonet Limited will only act on behalf of the Client regarding any aspect of their account or services maintained by Ergonet Ltd. if the named account holder instructs the Company to do so.
10.2 No unauthorised third party will be allowed access to any client details, account details or any other information pertaining to the account holder or Client.
10.3 Third party contacts may be reuqested and added to a Client account at the request of the account holder.
10.4 Where an account owners identity cannot be adequately established or the Client no longer responds to communications pertaining to their account within a reasonable time period, then Ergonet Limited reserves the right to cancel, suspend or transfer ownership (in the case of Client death or incapacity) to the legally nominated representative of the Client's affairs.
10.5 Ergonet Limited wil always act in good faith to ensure that such circumstances are dealt with and resolved correctly and respectfully.
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