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TERMS OF SERVICE

1. Introduction

It is the responsibility of all customers of the TidyHosts network and services to ensure that they comply with the latest edition of the Terms of Service at any given time.

This Terms of Service may be revised, without notice, at any time, at the sole discretion of TidyHosts Completion of the relevant application form, or connection to the service for the first time, is deemed to be an agreement to our Terms of Service.

In the event of a breach of this policy, TidyHosts reserve the right to terminate all or part of any service with immediate effect, without recompense, and delete any files held on our servers.

 

2. Account provisioning

TidyHosts will provision new accounts after full payment is received. To combat fraud the payments will be reviewed before the account is created. It is the customers responsibility to provide valid contact details when ordering new services, a welcome email will be sent to the email address when the order has been processed. The customer must ensure that junk filters exclude the domain TidyHosts.

 

3. Content

Customers must use the services provided for lawful, authorised purposes only. Transmission, storage, or presentation of any information, data or material in violation of any British law is prohibited. The list of banned content includes, but is not limited to :-

(a) Illegal Material – This includes illegally exploited copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.

(b) Warez – This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.

(c) HYIP – We do not allow any HYIP sites, or sites that link to or have content related to HYIP sites.

(d) Defamatory content – any website content that makes a false claim, expressively stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image. Any customer found to be using the services for any of the purposes contained in a-d may have their account terminated without notice. The Customer agrees to fully and effectively indemnify TidyHosts against all losses, costs, actions, proceedings, claims, damages, expenses, (including legal expenses) or liabilities, howsoever suffered or incurred directly by TidyHosts in consequence of the Customers breach or non-observance of this Clause 3. The Customer shall defend and pay all costs, damages, awards, fees (including legal expenses) and judgments awarded against TidyHosts arising from breach or breaches of this Clause 3. TidyHosts may in its absolute discretion defend such claims and may compromise such claims with the consent of the Customer, such consent not to be unreasonably withheld. The Customer shall provide TidyHosts with the assistance necessary to defend such claims, at the Customer’s sole expense.

 

4. Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)

You agree and understand that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your Account for immediate deactivation with no refund. TidyHosts would be the sole arbiter as to what constitutes a violation of this Clause.

We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserve the right to make any such modifications in an emergency 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 to the discretion of TidyHosts. All rights reserved

 

5. Adult Content

It is the responsibility of all customers of the TidyHosts network and services to ensure that they comply with the latest edition of the Terms of Service at any given time.

This Terms of Service may be revised, without notice, at any time, at the sole discretion of TidyHosts Completion of the relevant application form, or connection to the service for the first time, is deemed to be an agreement to our Terms of Service.

In the event of a breach of this policy, TidyHosts reserve the right to terminate all or part of any service with immediate effect, without recompense, and delete any files held on our servers.

 

6. Resource use

Users may not initiate the following:

Use 10% or more of system resources for longer then 120 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP etc.

Run stand-alone, unattended server-side processes at any point in time on the shared hosting servers. This includes any and all daemons, such as IRCD, this exludes VPS or dedicated server packages.

Run any software that interfaces with an IRC (Internet Relay Chat) network. (as above)

Attempt to modify any services that will provide increased capacity for the customer. This includes all types of media broadcasting, game servers, web hosting and any other service that is supplied from TidyHosts.

Under no circumstances will the customer attempt to broadcast above the allocated bit rate purchased, this includes but not limited to all streaming servers.

All streaming accounts are allocated FTP space of 100MB. No account shall be allowed to go over there allocated quota.

Any user found to be in breach of these conditions may be terminated without prior notice.

All streaming accounts are allocated FTP space of 100MB. No account shall be allowed to go over there allocated quota.

Any user found to be in breach of these conditions may be terminated without prior notice.

 

7. Payments

You agree that until and unless you notify TidyHosts of your desire to cancel any or all services received, those services will be billed on a recurring basis and should be paid within the 15 days of notification. If you wish to cancel a service please contact billing@TidyHosts.com. Refunds will not be granted unless agreed by TidyHosts under exceptional circumstances.

All new orders via PayPal will automatically create an automated subscription, this authorises PayPal to send the renewalable monthly/annual fees to TidyHosts. You agree that if PayPal subscriptions are cancelled, this will automatically notify TidyHosts to terminate the services relating to this subscription unless otherwise agreed.

If paying by a cheque, please allow 5 working days for the cheque to clear and for us to open the Account. If paying via postal orders or cash we will endeavour to set up your account on the same day.

TidyHosts may temporarily deny service or terminate this Agreement upon the failure of the Subscriber to pay charges when due. Such termination or denial will not, in any way, relieve the Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and all collection fees, including legal expenses.

Under no circumstances will payments be allowed to be claimed back through a 3rd party such as PayPal without contacting TidyHosts first, this will count as a late payment and interest will be applied as well as any legal and collection fees that TidyHosts may incur. A late fee of £3 will be applied to all accounts and will accrue daily.

We reserve the right to change the monthly payment amount and any other charges at anytime.

Invoices are generated 15 days before the official due date. Payment must be made by the due date to avoid the suspension of your account. If no payment is received, your account will be suspended 2 days after the official due date. If no attempt is made within the next 2 days to pay due invoice(s), we reserve the right to permanently terminate your account and format all data held. In total 19 days from the official due date will pass before we permanently terminate your account.

 

8. Backups and data

TidyHosts will use reasonable efforts to protect and backup data for clients on a regular basis, however, TidyHosts does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, you are solely responsible for making back-up files in connection with your use of the Services.

TidyHosts may temporarily deny service or terminate this Agreement upon the failure of the Subscriber to pay charges when due. Such termination or denial will not, in any way, relieve the Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and all collection fees, including legal expenses.

Under no circumstances will payments be allowed to be claimed back through a 3rd party such as PayPal without contacting TidyHosts first, this will count as a late payment and interest will be applied as well as any legal and collection fees that TidyHosts may incur. A late fee of £3 will be applied to all accounts and will accrue daily.

We reserve the right to change the monthly payment amount and any other charges at anytime.

Invoices are generated 15 days before the official due date. Payment must be made by the due date to avoid the suspension of your account. If no payment is received, your account will be suspended 2 days after the official due date. If no attempt is made within the next 2 days to pay due invoice(s), we reserve the right to permanently terminate your account and format all data held. In total 19 days from the official due date will pass before we permanently terminate your account.

 

9. Cancelation and refunds

All payments to TidyHosts are non-refundable and include any applicable setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time that the dispute occurred. If you dispute a charge to your credit card issuer that, in TidyHosts sole discretion, is a valid charge under the provisions of this Agreement and/or AUP, you agree to pay TidyHosts an additional “Investigation Fee” of £80.

Any Cancellations must be reported to TidyHosts 7 days before the next recurring charge is due, and 30 days for annual payments including domains. Failure to do so does not entitle you to a refund for the next recurring charge taken. All payments due must be paid in full.

 

10. Bandwidth usage

Where stated, you are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages.

Unused transfer in one month cannot be carried over to the next month. Additional bandwidth is charged at £0.50 per Gb.

 

11. Termination

We reserve the right to refuse, terminate, or suspend your access to the Services for any reason at our sole discretion upon giving 14 days written notice to you.

We may suspend your Account immediately upon breach by you of any of the terms and conditions herein, including, without limitation, late or non-payment of monies due.

 

12. Indemnification

Customer agrees that it shall defend, indemnify, save and hold TidyHosts harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against TidyHosts, 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, its agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless TidyHosts against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with TidyHosts’ server; (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 customer from TidyHosts’ server.

 

13. Disclaimer

TidyHosts will not be responsible for any damages your business may suffer. TidyHosts makes no warranties of any kind, expressed or implied for services we provide. TidyHosts disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by TidyHosts and its employees.

TidyHosts reserves the right to revise its policies at any time.