Terms Of Service

Revision date: 13/04/2010

All services provided by Laws Hosting ("Laws Hosting") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United Kindom city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Laws Hosting from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to Laws Hosting' servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

pirated software
hacker programs or archives
Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A £25.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, Laws Hosting WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

1. Interpretation
In these special conditions, the terms defined in the general conditions shall have the same meanings and the following terms shall have the following meanings unless the context otherwise requires:

Content: the text, information, image, audio or video material and other data placed on the server by or on behalf of the customer, including data which the customer permits third parties to place on the server.

Hosting Services: the hosting of the website on a communal server with other customers of Laws Hosting, who collectively share the resources and space available on this server.

Website: the customer's website(s) to be hosted on the server (including all data on such website(s) which is necessary for the publication and exchange of information via the Internet).

2. Laws Hosting's liability

2.1 Laws Hosting shall have no liability to the customers under the contract in the event of:

(a) termination of the hosting services under condition 5.4;

(b) any act, omission, fault or negligence of a third party not connected to the Laws Hosting, and in particular any unauthorised access to the website or the content;

(c) any act of piracy, viruses, worms, trojan horses or other harmful codes that affect or may affect the server, the website and/or the provision of the hosting services;

(d) any actual or suspected security breaches in connection with the hosting services;

(e) any loss following the uploading of the website to another server or IT system;

(f) any modification (or attempted modification) any software by the customer or a third party not authorised by the Supplier;

(g) any loss caused by the operation or non-operation, use or non-use of the website or its content;

(h) downtime caused by routine or emergency maintenance, repair or upgrade to the hosting services provided that, if such maintenance, repair or upgrade requires the hosting services to be restricted or suspended, Laws Hosting shall use reasonable endeavours to notify the customer by email as soon as reasonably practicable in advance of the likely duration of such restriction or suspension and shall endeavour to resume the hosting services as soon as reasonably practicable;

(i) any interruption, partial or total failure of the hosting services due to any variation of the bandwidth or any failure of the supplier’s ISP.

2.2 If Laws Hosting detects that the security or integrity of the website has been compromised, Laws Hosting shall inform the customer by email that the content must be re-installed, and Laws Hosting shall be entitled to protect the integrity of the server by disconnecting the website from the Internet until the website has been reinstated. The customer shall be responsible for reinstalling the website content. Laws Hosting’s sole responsibility shall be to reconnect the website to the internet once it has been reinstated.

2.3 For security reasons, the operation of Internet Relay Chat services from the website (including without limitation bots, proxy, bouncer, etc.) is refused in Laws Hosting’s absolute discretion.

5. Customer's obligations

5.1 The customer shall be solely responsible for:

(a) any loss or damage to the customer's website, and shall put in place appropriate insurance cover to cover the risk of any such loss or damage. The customer may not claim any reimbursement, replacement, or compensation from Laws Hosting in any circumstances;

(b) uploading the website content onto the server and checking that it functions satisfactorily. Laws Hosting shall not be responsible for any failure of the customer to upload the website content correctly, and shall not be responsible for providing support in relation to the control and operation of the website content;

(c) the website content, for the conception or development of the website, and for the customer’s equipment, systems or software necessary for the management of the website. Laws Hosting shall have no obligation to validate or vet the website content for usability, legality, content or correctness and shall not, in any event, be liable towards the customer or any third party for any loss arising from or in connection with the website content;

(d) complying with all applicable laws and regulations concerning the website content, including (without limitation) for ensuring that the website contains all information concerning the customer, its products and the conduct of its
business which are required.

(e) making regular back ups of the website content on any website from time to time, along side Laws Hosting's own backups.

5.2 The customer shall use its best endeavours to ensure that all website content does not contain any viruses and/or other harmful code.

5.3 If the customer wishes to use CGI/PHP/MYSQL scripts and/or other executable programs on the website, the customer undertakes to make reasonable use of such scripts and/or programs.

5.4 If, in Laws Hosting's opinion, the use of such scripts and/or executable programs is unreasonable or excessive and/or affects or may affect the server or the provision of the hosting services generally, Laws Hosting shall send a warning email to the customer. The customer shall acknowledge receipt of such email by return and shall inform Laws Hosting of the reason for such use. Laws Hosting reserves the right to suspend the hosting services without further notice if the customer does not provide an explanation which is satisfactory to Laws Hosting within 12 hours of receipt.

5.5 For the purpose of Conditions 5.3 and 5.4 above, Laws Hosting will take into account the following criteria in deciding whether the use is unreasonable or excessive:

(a) number of web requests per day (html, php, cgi, jpg, gif and others);

(b) use of the central processing unit;

(c) use of the RAM;

(d) access by a server sql by 10 simultaneous connections (request/session) only (Laws Hosting recommends to have short connections and to close them after use);

(e) for any other reasons which in Laws Hosting's sole discretion may damage the IT systems.

5.6 Unless the customer’s use of the scripts or programs by the customer is grossly excessive or has caused or is likely to cause damage to the website of one of Laws Hosting’s other customers, Laws Hosting shall endeavour to give reasonable notice to the customer of such suspension by email.

5.7 The customer acknowledges that unreasonable or excessive use of any CGI/PHP/MYSQL scripts or other executable programs is incompatible with the nature of hosting services;

5.8 The customer shall not send any SPAM and acknowledges Laws Hosting may install on the server software to prevent the use of SPAM by its customers. Any failure to comply with this obligation entitles Laws Hosting to suspend the hosting services either temporarily or permanently depending on the seriousness of the breach.

5.9. If the customer runs a mailing list, and the email addresses are being bounced back, it is the customer's responsibility to remove these email addresses in a timely manner. Failure to do so will result in closing the customers account within 48 hours.

6. Term and Termination

6.2 Laws Hosting shall be entitled to terminate the hosting services for its own convenience at any time and without incurring any liability by giving 30 days written notice to the customer.

6.3 Laws Hosting shall be entitled to suspend the hosting services without incurring any liability if the customer commits a breach of condition 5 of these conditions.

6.4 Laws Hosting shall be entitled to erase the website content and any material uploaded on the server 5 days after the invoice date or forthwith upon the termination of the contract for any other reason whatsoever without incurring any liability towards the customer.

7. General Conditions

Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill £1.00 for each megabyte of traffic exceeded within the 24 hours. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of Laws Hosting is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund. This includes bandwidth, and if we believe someone is abusing the system, impacting the ability for other customer’s websites to function to our high speed standards, we have the right to suspend your website(s) and account. You must also make sure that any scripts you host are safe and kept up to date from known exploits, and we will repair any break-in's if we feel it is a need. We do have a vast amount of security for known php scripts exploits. Please note, we have the right to suspend any account that fails to comply to our Terms of Services..

Server Resources
Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level. Any account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Spamming
Sending unsolicited bulk and/or commercial messages over the Internet ("spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Laws Hosting's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a Laws Hosting server, and selling or distributing software (on a Web site residing on a Laws Hosting server) that facilitates spamming. Violators will be assessed a minimum fine of £150 and will face immediate suspension. Laws Hosting reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion. All sub-networks, distributive hosting sites and the servers of Laws Hosting must adhere to the above policies, with the exception of system resources in respect to the servers.

Billing
The following Terms of Use constitute Laws Hosting's Billing Policy and apply to ALL Laws Hosting customers:

Payments

(1) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Laws Hosting by no later than the specified payment due date. Laws Hosting shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis, or yearly if you opted for this option. All credit cards are billed automatically on a monthly basis if you have an account with PayPal and a subscription. If you have no Paypal account, you will need to pay by card via PayPal - no account is needed. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another account number within 48 hours. If we do not receive a response within 48 hours, the account, and all accounts under that account plan, will be suspended.

All charges are shown in GBP. Payments are to be made in GBP. Laws Hosting accepts the following types of payment:

• Credit & Debit Cards (VISA, MasterCard, American Express, via PayPal)
• Bank Transfer
• PayPal

All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. You are responsible for directly updating, or notifying Laws Hosting, of any changes to your client account.

Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date.

Accounts that are ten (10) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.

Service Fees
Certain services carry a setup fee charged by Laws Hosting to the client, which must be paid by the client in order to have use of said services. If the client terminates this agreement, the client shall be responsible for any and all outstanding fees owed to Laws Hosting and agrees to pay any and all fees incurred by the client. Because the services are provided on a monthly and yearly basis, the client will be responsible for service fees incurred each month or year, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Domain Registration and Fees
All domain, registration, transfers and renewals fees are stated on our domain page. All domain registrations and renewal lengths are 1 year, unless stated. All domain names are registered through PublicDomainRegistry which is our Reseller Registrar. If you wish to transfer your current domain to us, you'll first need to obtain your domain's "Transfer Auth Code" (also known as: "Transfer Secret" or "EPP Auth Code") from your current registrar. UK domains may not be transferable, but please contact us for more details.

Money back guarantee & refund policy
We do not generally refund cancelled contracts. For example, if your contract is yearly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit. You have the right to request cancellation within 15 days of the contract.

Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of £20.00 prior to reactivation.

Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation. If you pay by a PayPal subscription, and if you cancel it, our system will notify us, and, therefore, will deactivate and delete your account and website within 5 working days.

Limitation of Liability
Laws Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Laws Hosting's servers going off-line or being unavailable for any reason whatsoever. Furthermore, Laws Hosting 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 Laws Hosting's servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to sales@laws-hosting.co.uk. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
Laws Hosting cannot be held fully liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Laws Hosting are resold. Thus, certain equipment, routing, software and programming used by Laws Hosting are not directly owned or written by Laws Hosting. Moreover, Laws Hosting holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Laws Hosting sees fit.

Account Activation
By activating your account with Laws Hosting, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee
Laws Hosting guarantees 99.5% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be credited the following month.

Amendment of Services
Laws Hosting reserves the right to alter our services, packages, package extras, domain extensions, and their prices at our discretion and without notification. Existing accounts will be amended accordingly if the customer wants to. Laws Hosting reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification.

Privacy
Revision de: 06/11/2009

Laws Hosting has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.

Information Automatically Logged

We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.

Order Forms

Our site uses an order form for customers to request services. We collect sensitive information which is used only for our purpose, not third party receives any type of information from us.

Contact information from the order forms is used to get in touch with the customer when necessary.

Billing information that is collected is used to bill the user for services, which are only seen by PayPal for card payments.

Unique identifiers are collected from Web site visitors to verify the user's identity.

Demographic and profile data is also collected at our site.

We use this data to tailor our visitor's experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.

Security

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control.

Third Parties

Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.

Contacting the Web Site

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: sales@laws-hosting.co.uk

Acceptable Use Policy
Revision date: 06/11/2009

As a provider of web site hosting and other Internet-related services, Laws Hosting offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Laws Hosting respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Laws Hosting reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Laws Hosting has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Laws Hosting's services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Laws Hosting cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Laws Hosting cannot monitor or censor the Internet, and will not attempt to do so, Laws Hosting cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that Laws Hosting does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Laws Hosting's network and may reach a large number of people, including both subscribers and non-subscribers of Laws Hosting, subscribers' postings to the Internet may affect other subscribers and may affect Laws Hosting's goodwill, business, reputation or operations. For these reasons, subscribers violate Laws Hosting policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, Laws Hosting does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

Adult-Oriented Content:
Laws Hosting does not allow adult content and will suspend/terminate any offending account.

Large File Policy:
Laws Hosting is not for file hosting and distribution - as such, customers may not host any files larger than 100MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail sales@laws-hosting.co.uk.

Obscene Speech or Materials:
Using Laws Hosting's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Laws Hosting is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:
Using Laws Hosting's network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorisation, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United Kingdom

Usenet Groups:
Laws Hosting reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:
Engaging in activities, whether lawful or unlawful, that Laws Hosting determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Laws Hosting will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Laws Hosting's policy or applicable law. However, when Laws Hosting becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Laws Hosting.

Laws Hosting is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Laws Hosting's facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Laws Hosting does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Laws Hosting reserves the right to directly take action against a customer of its subscribers. Also, Laws Hosting may take action against the Laws Hosting's subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Laws Hosting anticipates that subscribers who offer Internet services will cooperate with Laws Hosting in any corrective or preventive action that Laws Hosting deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Laws Hosting policy.

Laws Hosting will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Laws Hosting may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Laws Hosting may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Laws Hosting assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Laws Hosting may disclose subscriber information or information transmitted over its network where necessary to protect Laws Hosting and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Laws Hosting will never sell information to other services or outside companies.

Laws Hosting expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Laws Hosting policy. Finally, Laws Hosting wishes to emphasise that, in signing the Service Agreement, subscribers indemnify Laws Hosting for any violation of the Service Agreement, law or Laws Hosting policy resulting in loss to Laws Hosting or the bringing of any claim against Laws Hosting by any third party. This means that, if Laws Hosting is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Laws Hosting, plus costs and reasonable attorney's fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Laws Hosting and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to sales@laws-hosting.co.uk.