Acceptable Use Policy (AUP) and Terms of Service (TOS)

Net Island UK trading as Net Island UK Hosting Services issues this document. The company shall be known throughout this document as Net Island UK Hosting Services.


Net Island UK Hosting Services agrees to provide the client web hosting for a monthly/annual fee. Net Island UK Hosting Services will never require clients to advertise for Net Island UK Hosting Services on their website in any way, shape or form, unless agreed upon in advance, such as a non-profit organisation receiving complimentary hosting. Clients are allowed to use the service for business/commercial or personal websites or content.


Content:
All services provided by Net Island UK Hosting Services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Net Island UK Hosting Services from any claims resulting from the use of the service which damages the subscriber or any other party.


Adult Content:
Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Net Island UK Hosting Services will be the sole arbiter as to what constitutes a violation of this provision.


Examples of non-acceptable content or links:
- Pirated software
- Hacking programs or archives
- Warez Sites
- Porn
- Spam and Spamming Software


Background-running Programs:
We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. We provide a hosting service not a shell service. You are not allowed to compile and run software on our hosting servers.


Scripting and Banned Scripts:
You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below.

Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Net Island UK Hosting Services reserves the right to disable the account pending client cooperation and resolution.

Scripts we do not allow include:

- Chat servers/scripts of any kind are strictly prohibited.

- Formmail is not allowed on our servers.

You can use formmail scripts but they must be upto date and not running with the filename "formmail". Any files named "formmail" will be deleted without notice.


Distribution and/or Transmission of Obscene or Indecent Speech or Materials:
Violation of indecency and obscenity laws can result in criminal penalties.


Intellectual Property Rights:
Material accessible to you through Net Island UK Hosting Services's Services may be subject to protection under United Kingdom (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Net Island UK Hosting Services Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Net Island UK Hosting Services Network. If you use a domain name in connection with the Net Island UK Hosting Services Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Online Business Card
This offer is available to new customers only. The hosting offer includes up to 1GB of monthly visitor hits, the equivalent of almost 2 million page impressions, depending on your site content. The Domain Registration is for 2 years, at the end of that period you will need to re-register to hold on to your domain name, in accordance with Nominet UK's standard terms and conditions. We will be happy to advise or even renew this for you when the time arises, subject to applicable charges. If you would prefer a .com domain name, we will be happy to oblige. There may be an extra cost for this type of registration. Please ask us about this. We will endeavour to complete your Online Business Card in 7 days from ordering, however we reserve the right to amend this time limit, although we will inform you of any delays when ordering. We promise to beat any other UK designer, so please mention a similar, or apparently better offer, at time of ordering.



Network Security:
Customers may not use the Net Island UK Hosting Services Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Net Island UK Hosting Services will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.


Defamation:
Defamatory speech distributed over the Internet can result in civil liability for the defamer.


Refusal of Service:
Net Island UK Hosting Services reserves the right at its sole discretion to refuse or cancel service. Violation of any of Net Island UK Hosting Services's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer.


Spam Or Unsolicited E-Mail:
You must not use the Net Island UK Hosting Services Network, Net Island UK Hosting Services equipment or any Net Island UK Hosting Services email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Net Island UK Hosting Services Network, Net Island UK Hosting Services equipment or any Net Island UK Hosting Services email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, Net Island UK Hosting Services reserves the right to disable your domain without warning. In addition, Net Island UK Hosting Services may impose a £100 penalty for each spam policy violation. Net Island UK Hosting Services solely reserves the right to refuse or cancel service to known spammers. Lastly, Net Island UK Hosting Services reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.


Abuse:
Any attempts to undermine, slander, libel, threaten, or cause harm to a Net Island UK Hosting Services server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.


Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Net Island UK Hosting Services (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Net Island UK Hosting Services, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Net Island UK Hosting Services against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Net Island UK Hosting Services server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Net Island UK Hosting Services to the amount paid for service.


Free Domain Offer:
When this offer is advertised and you have a valid promo code:

The terms & conditions for our free domain name offer are plain and simple. We will register the domain name for 1 year (2 years for .uk domains) on your behalf. All we ask is that you stay hosting with us for a minimum of 12 months. If you decide to leave before 12 months and you want to take the domain with you we will only release it once you have paid our normal domain registration fee. If you stay for 12 months or longer and then decide to leave you are free to take the domain at no charge.


Refunds Policy:
You may cancel your account at any time before your monthly billing date, and you will not be billed for the next month.

If you are paying annually for web site hosting services, we will issue a pro-rata refund for months not used.

All domain registration fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term.

Setup fees (where applicable) are non-refundable under any circumstances.

We do not offer any kind of "money back" guarantee.


Late Payment:
Payment must be made towards your account on its assigned due date. Net Island UK will attempt to automatically rebill your chosen payment method each month.

If your account falls overdue or your chosen payment method is declined, your account may be suspended or terminated at the sole discretion of Net Island UK . Net Island UK may, at its sole discretion, charge a fee of £15.00GBP to reinstate a suspended account.

A service charge, equal to the charge incurred by Net Island UK from its bank, will be charged to your account for each cheque or payment that is returned to Net Island UK for insufficient funds.

When payment is declined from your chosen payment method we will send out an email notice and retry claiming payment the following day, this will generally occur 3 times over a 3-5 day period. After this period if we have not received due payment or had notification from you that the due payment is in hand, your account may be suspended or terminated at the sole discretion of Net Island UK .

It is very important you keep your email address on file with us current. When you change email address please email support@netislanduk.com to keep us informed of your working contact address.

Net Island UK appreciates your business. We know that sometimes small businesses can get into short term cashflow difficulties. We will do all we can should this become an issue for you. It is therefore important that you let us know if you run into problems paying us.

Failure to keep us updated with your current email address may mean important communications dont reach you, resulting in suspension or termination of your hosting account.


Additional Labour Rates:
Any additional work you may require from Net Island UK staff which does not fall within the usual support boundaries is charged at a rate of £30 GBP per hour, in 30 minute increments. All charges will be discussed before work commences on a per incident basis. Examples of work beyond the boundaries of normal support include: site scripting problems, script installation, website design and development.


Disclaimer:
Net Island UK endeavours at all times to provide a first class, solid and reliable service to you. Due to the very nature of our business, we may not be able to always provide all services at all times. Net Island UK Hosting Services will not be responsible for any damages your business may suffer. Net Island UK Hosting Services makes no warranties of any kind, expressed or implied for services we provide. Net Island UK Hosting Services disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Net Island UK Hosting Services and its employees. Net Island UK Hosting Services makes no "uptime" guarantees.

Net Island UK Hosting Services keeps backups of key server systems only and these backups are not available for customer use. Net Island UK Hosting Services can accept no responsibility for any loss of data or consequences arising from this. Net Island UK Hosting Services always advises clients to back up their site data regularly for their own protection.

Net Island UK Hosting Services furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of Net Island UK Hosting Services. A customer's failure to comply with those laws will violate this policy.

If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with Net Island UK Hosting Services then Net Island UK Hosting Services will not be responsible for maintaining hosting for the resellers customers.

All communications (emails, verbal or written) are between Net Island UK Hosting Services and the client. These communications are private and are therefore not to be shared with any other parties.

Finally, Net Island UK Hosting Services wishes to emphasise that in accepting services, customers indemnify Net Island UK Hosting Services for the violation of any law or Net Island UK Hosting Services policy, that results in loss to Net Island UK Hosting Services or the bringing of any claim against Net Island UK Hosting Services. This means that if Net Island UK Hosting Services is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Net Island UK Hosting Services, plus costs and reasonable legal fees.


Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.


Net Island UK Hosting Services reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.


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