pxdDesign trading as VisualHost issues this document. The company shall be known throughout this document as VisualHost.
VisualHost agrees to provide the client web hosting for a monthly/annual fee. VisualHost will never require clients to advertise for pxdHost on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Clients are allowed to use the service for business/commercial or personal websites or content.
Content:
All services provided by pxdHost 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 pxdHost 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. pxdHost 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, pxdHost 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 VisualHost’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 VisualHost 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 VisualHost Network. If you use a domain name in connection with the VisualHost 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.
Network Security:
Customers may not use the VisualHost 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 organization’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. VisualHost 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:
pxdHost reserves the right at its sole discretion to refuse or cancel service. Violation of any of pxdHost’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 VisualHost Network, VisualHost equipment or any VisualHost 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 VisualHost Network, VisualHost equipment or any VisualHost 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, VisualHost reserves the right to disable your domain without warning. In addition, VisualHost may impose a £100 penalty for each spam policy violation. VisualHost solely reserves the right to refuse or cancel service to known spammers. Lastly, VisualHost 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 pxdHost 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 VisualHost (or it’s employee’s/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against VisualHost, 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 VisualHost against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with a VisualHost 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 pxdHost to the amount paid for service.
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. VisualHost 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 VisualHost. VisualHost 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 VisualHost from its bank, will be charged to your account for each cheque or payment that is returned to VisualHost 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 pxdHost.
It is very important you keep your email address on file with us current. When you change email address please email sales@visualhost.co.uk to keep us informed of your working contact address.
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 pxdHost 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:
VisualHost will not be responsible for any damages your business may suffer. VisualHost makes no warranties of any kind, expressed or implied for services we provide. VisualHost 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 VisualHost and its employees. VisualHost makes no “uptime” guarantees.
VisualHost keeps backups of key server systems only and these backups are not available for customer use. pxdHost can accept no responsibility for any loss of data or consequences arising from this. VisualHost always advises clients to back up their site data regularly for their own protection.
VisualHost 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 VisualHost. 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 VisualHost then VisualHost will not be responsible for maintaining hosting for the resellers customers.
All communications (emails, verbal or written) are between pxdHost and the client. These communications are private and are therefore not to be shared with any other parties.
Finally, VisualHost wishes to emphasize that in accepting services, customers indemnify VisualHost for the violation of any law or VisualHost policy, that results in loss to pxdHost or the bringing of any claim against VisualHost. This means that if VisualHost is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against VisualHost, plus costs and reasonable legal fees.
Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.
VisualHost reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.
