Glossary: Terms used herein but not limited to such.
Us/We: Jamie Gorst, trading as Capital Hosting.
Server: Hosting account provided by us.
Website: Software residing on our servers (howsoever provided).
Hosting: The service provided by us to serve websites publicly.
Account: Your Hosting package provided by us.
All services provided by us may only be used for lawful purposes.
The customer agrees to indemnify and hold us harmless from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorised copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please Contact Us with the information required.
We reserve the right to refuse service to anyone. Any material that, in our judgement, is obscene or threatening is prohibited and will be removed from our servers with or without notice.
3. ZERO-TOLERANCE SPAM POLICY
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any user who sends out spam may have their account terminated without notice.
We reserve the right to require changes or disable as necessary any website, account, database, or other component that does not comply with this policy. We also reserve the right to make any such modifications at our sole discretion
We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean-up fee. This cost of the clean-up fee is left entirely at our discretion.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organisation or entity listed in www.spamhaus.org may be hosted on our servers. Any account which results in our IP address or server(s) being blacklisted may be immediately suspended and/or terminated.
4. CANCELLATIONS & REFUNDS
We reserve the right to cancel the account at any time.
Customers can choose to close their account at any time.
The provision of our service is deemed to have commenced either when a site has been installed on our servers, when any bespoke design has been implemented or when a domain name has been registered on the customer's behalf (where applicable).
The minimum term of contract is one month.
Once the provision of service has commenced, refunds will only be processed in the cases of unreasonable service non-performance directly and verifiably attributable to us and will be pro-rata, based upon services already received less any associated domain registration costs and an administration fee of £25.00
5. RESOURCE USAGE
Users may not initiate any of the following:
a) Use 25% or more of system resources for longer than 20 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require server resources.
c) Run stand-alone, unattended server-side processes at any point in time on the server.
d) Run any software that interfaces with an IRC network.
e) Run any bit torrent application, tracker, or client.
f) Participate in any file-sharing/peer-to-peer activities.
g) Run any gaming servers.
h) Run cron entries with intervals of less than 60 minutes.
We reserve the right to suspend/terminate any account in the event of failure to comply with the above.
6. PRICE & RESOURCE CHANGES
We reserve the right to change prices listed on our site, and the right to alter the amount of resources given to plans at any time.
Customers agree that they shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against us, 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 us, its agents, employees or assigns. You agree to defend, indemnify and hold harmless any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from our server(s).
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.
9. HOSTING ACCOUNTS
Basic (Free) hosting accounts are allocated a monthly bandwidth allowance of 1GB and disk space of 200MB (These amounts should easily be sufficient to accommodate medium usage stores). Should an account exceed the allocated amount, we reserve the right to suspend the account or terminate the account at our discretion until the account is upgraded to a higher level of package. Support for websites installed by us on the free hosting account is limited to a maximum period of two months post installation
Standard (paid) hosting accounts are allocated a higher bandwidth, disk space and level of support applicable to the package purchased which includes support for the installed website for the duration of the active account.
We reserve the right to suspend or remove accounts/websites from our server if they fail to remain active or become dormant. We consider an account to be unused/dormant if either the website hosted fails to receive a valid order for goods/services offered or the site administrator has not accessed the site admin panel/dashboard for one month.
10. BACKUPS & DATA LOSS
Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain backup of files and data where applicable.
We may disclose any subscriber information to law enforcement agencies or the Office of Fair trading (UK) without further consent or notification to the subscriber upon lawful request from such. We will co-operate fully with all law enforcement agencies.
In accordance with the UK OFT rules on Distance Sales, all site administrators (whether UK based or not) are required to display a valid and full geographical postal address from which the business or individual using our services conducts their trade. This should not be a "virtual office" or PO Box address.
Site administrators are responsible for maintaining security of their access and login details. We reserve the right to disable any account where security has been compromised.
13. DOMAIN NAME RENEWAL
The annual renewal fee for domain name registration services is not included with the Basic (free) hosting package. Domains may transferred (where applicable) to an alternative registrar (details on request)
Template & theme designs purchased from us are for one use on the one website/domain for which they were purchased and are not granted resale rights. Nor are they for multiple use and/or installation on more than one website/domain. Any such abuse of this copyright shall lead to forfeiture of all usage rights (including but not limited to the site/domain for which they were originally purchased).
15. CHANGES TO THESE TERMS & CONDITIONS
We reserve the right to revise this policy at any time without prior notice.