Full Terms and Conditions
Please read the following terms carefully.
All orders placed with Powersoft Hosting are accepted
on the basis that the customer has read, understood and
agrees to be bound by the following terms and conditions.
For further clarification on any point, please contact Customer Services.
Any contract made or relationship entered into with Powersoft Hosting does not affect the consumers' statutory rights.
General Terms of Use
You may not, without Powersoft Hosting's written permission, "mirror" any material contained on this site on any other server. The copyright in all material published on this site is owned by Powersoft Hosting or by the original creator of the material. Unless otherwise stated, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form by any means. Permission is hereby granted to display the materials on this site for information purposes only, provided that you do not modify the materials and that you retain all copyright and other proprietary notices.
Terms for all products and services
You agree to defend, indemnify and hold harmless Powersoft Hosting and its employees for any loss, damages or costs, including reasonable solicitors fees, resulting from any third party claim, action or demand related to your domain or the use thereof.
These are the definitions that apply to this agreement:
| "Acceptable Use Policy" | | means the Host's policy of regulation of the manner of use of the hosting Services. |
| "Agreement" | | means the agreement to host the Web Sites as defined by these terms. |
| "host" | | means the provision of space in an electronic medium to enable access to the Web Sites by all the World. |
| "the Host" | | means Powersoft Hosting (a division of Powersoft Solutions), PO Box 176, Uckfield, East Sussex, TN22 1WE. |
| "Price" | | means the price payable by the customer for the services provided, as published on the Powersoft Hosting website at www.powersofthosting.co.uk, which are subject to change from time to time. |
| "Schedule" | | means a schedule to this agreement. |
| "Servers" | | means the Host's servers and includes the Host's entire software and hardware installation and all plant and machinery that serves it. |
| "Services" | | means all of the services supplied under the terms of this agreement. |
| "Web sites" | | means all of the web sites of the Customer that the Customer places with the Host under the terms of this agreement. |
These are the agreed terms:
1 Summary of agreement
For the Price and subject to the terms of this agreement and to the Customer's compliance with the Acceptable Use Policy the Host hereby agrees to provide the Services requested by the customer at the time of order and confirmed by email upon acceptance of the order by the Host.
2 Price and payment
2.1 The Price shall include:
2.1.1 The total sum payable for the Services requested by the customer at the time of order and as published on the
company's website at www.powersofthosting.co.uk and
2.1.2 any other money due to the Host under this agreement.
2.2 The Price shall be paid by regular instalments and as follows and in advance according to the hosting plan selected.
2.3 The current options are:
2.3.1 Regular hosting plans with 30 day free trial - Monthly, Quarterly, Annually, in advance of service.
2.3.2 'Ultimate' plans - First payment at point of sale, 12 months in advance of service. Thereafter, Monthly, Quarterly,
Annually, in advance of service.
2.3.3 'Planbuilder' plans - First payment at point of sale, 12 months in advance of service. Thereafter, Annually, in
advance of service.
2.3.4 All other related services/resources - First payment at point of sale. Thereafter, annually, in advance of service.
2.4 The Host will make an invoice available to the customer electronically for viewing and printing within the customer login area.
2.5 The Host reserves the right to charge the Customer interest in respect of the late payment of any sums due under this agreement (both before and after judgment) at the rate of 5 per cent above the base rate from time to time of the Bank of England from the due date until receipt of payment.
2.6 At present, Powersoft Hosting do not charge VAT on services provided.
2.7 For payments made by cheque, any unpaid cheques returned by the bank will incur a fee of £25.00.
2.8 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to the customer.
3 Late payment surcharge
3.1 If either payment confirmation from Worldpay or, payment directly from the customer is not received by the Host by the specified payment date, the Host may suspend the Services.
3.2 In any case when payment is not made by the due date additional sums will become due by the Customer to the Host as follows:
- if payment has not been made by midday on the 3rd day following the due date, the additional payment is £5
- if payment remains overdue after midday on the 3rd day following the due date, the additional payment is £15
3.3 if payment has not been made within 3 months of the due date, the Host may terminate this agreement and permanently delete any content on its servers in respect of this agreement without notice.
3.4 No refund will be given for accounts terminated by the Host or by the customer as a result of the above policy on late payment.
3.5 Customers where payment either fails via Worldpay or by returned cheque will forfeit the option of paying in monthly or quarterly frequencies, unless the account is brought up to date within 72 hours from our first payment failure notification.
4 Bandwidth and Disk Usage:
4.1 The Customer agrees that bandwidth and disk usage shall not exceed the data usage per month for the hosting plan purchased.
4.2 If the Customer's usage exceeds the amount specified in their chosen hosting plan then the Host may in his discretion:
4.2.1 increase the Price to the minimum price currently charged by the Host for the Customer's actual usage, or
4.2.2 if in the opinion of the Host the Customer's usage puts at risk the continued service provision to other customers,
the Host may terminate service to the Customer.
4.3 The Host shall give the Customer 7 days' notice of any such decision.
4.4 No refunds can be given for accounts terminated on this basis.
4.5 Current prices for unauthorised excess use on regular hosting plans only are as follows:
4.5.1 Data Transfer : £10.00 per GB (gigabyte) or part thereof.
4.5.2 Diskspace : £1.00 per 10 MB (megabyte) or part thereof.
4.5.3 In all cases a minimum charge of £5.00 will apply.
4.6 Current prices for unauthorised excess use on reseller hosting plans only are as follows:
4.6.1 Data Transfer : £15.00 per GB (gigabyte) or part thereof.
4.6.2 In all cases a minimum charge of £15.00 will apply.
5 Domain Name Registration
5.1 The Host makes no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your own risk.
5.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant Registry; you shall ensure that you are aware of those terms and conditions and that you comply with them.
5.2.1. By registering a .uk domain name, you enter into a contract of registration with Nominet UK on the terms
and conditions published at http://www.nominet.org.uk.
5.3 You shall have no right to bring any claim against us in respect of any refusal to register a domain name by the relevant registration authority.
5.4 Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the Registry to register your desired name.
5.5 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant Registry but will not be obliged to take part in any such dispute.
5.6 We shall not release any domain to another provider unless full payment for that domain has been received by us.
5.7 The Host does not currently levy any charge for transferring domain names onto its servers or, for transferring them away to another host.
5.8 The Host will not be responsible for spelling mistakes entered by customers when signing up for a domain name. The domain name will be ordered as entered by the customer and if the customer subsequently considers it to be wrong, it can only be changed by the customer purchasing the correct domain name from the Host. There can be no refunds given as a result of customer spelling errors.
6 Planbuilder Plans
6.1 Planbuilder plans are bound not only by our full Terms and Conditions but also, by the specific conditions noted here within Section 6.
6.2 Payment for Planbuilder plans is made immediately via Worldpay. There are no free trials available on Planbuilder plans.
6.3 There are no refunds offered at any time or for any reason in respect of Planbuilder plans.
6.4 It is the responsibility of the customer to monitor their own account in terms of resource usage and, if they consider that they will need additional resources added to their account, they should send a request for an upgrade to customerservices@powersofthosting.co.uk
6.4.1 Planbuilder upgrades are charged at the same rate as when the customer originally signed up for their account.
6.5 Accounts that exceed the designated quotas of diskspace and/or data transfer will be subject to surcharge as follows:
6.5.1 - Diskspace : £5.00 per 10MB or part thereof
- Data Transfer : £15.00 per 1GB (divisible down to 200MB units)
6.6 Due to the low value of Planbuilder transactions, support levels offered thereon are minimal. The customer should ensure that they are confident with their choice of hosting plan and by placing the appropriate order, acknowledge that although Powersoft Hosting will endeavour to respond promptly to all support requests, support times for Planbuilder accounts may be outside those of our regular hosting plans.
6.7 The customer's attention is drawn to the technical support data regarding Planbuilder plans in Schedule 2 of this agreement.
7 99.9% Uptime Guarantee
Powersoft Hosting endeavours to provide the most reliable network infrastructure possible to its Customers. To Customers with accounts that are up to date with payments, we guarantee that our network is available 99.9% of the time in a given month, excluding scheduled maintenance. The network is defined as core network infrastructure excluding the hardware, services and software running on the server. Network downtime is measured from the moment the Customer notifies Powersoft Hosting of a network failure to the time the Network responds to an external "ping" request. Notification of network failure must occur at the time of the outage and not after the fact. If network downtime exceeds 0.01% (approx. 45 minutes) in a given month, the Customer will be refunded 5% of their monthly hosting fee and an additional 5% for each additional 2 hours of downtime up to 50% of the Customer's monthly hosting fee. Refunds shall not be provided to the Customer if network downtime is the result of: a) scheduled maintenance b) circumstances beyond the reasonable control of the Host, including, but not limited to: dDoS or other network attacks, upstream or 3rd party network outages, war, fire, flood, sabotage, strike, acts of government and c) breaking this Agreement or the Host's Acceptable Use Policy.
8 Duration and termination
This agreement shall continue until terminated:
8.1 by effluxion of time 12 months from the creation and/or subsequent renewal of the requested hosting account by the customer (13 months for free trial accounts) or
8.2 by either party giving written notice to the other or
8.3 immediately by the Host if the Customer fails to pay any sum due within 30 days of the due date or
8.4 immediately by either party if the other commits any material breach of any term of this agreement and which in the case of a breach capable of being remedied is not remedied within 10 days or other such notified timescale of a written request to remedy it or
8.5 immediately by either party if a trustee receiver, administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of the other party or for the making of an administration or bankruptcy order (otherwise than for the purpose of an amalgamation or reconstruction).
8.6 Any termination of this agreement by this paragraph shall be without prejudice to any other rights or remedies to which a party may be entitled.
8.7 The Host reserves the right to suspend the Services and/or terminate this agreement at any time and for any reason. In the event of this, the customer will be entitled to a pro-rata refund of any monies paid in advance of Services received, based upon the number of complete months left until renewal date.
9 Refunds
9.1 There can be no partial month refunds. The Customer will be entitled to a pro-rata refund of any fees paid for all complete months left to run on any paid-up hosting plan:
9.1.1 in accordance with clause 8.7 above; or
9.1.2 within 30 days of the commencement of any hosting plan (except Planbuilder plans); or
9.1.3 for Ultimate plans, within 30 days of the commencement of the plan, less the sum of £25.00 apportioned by the
Host to the cost of registering the domain name
9.2 The customer will not be entitled to a refund:
9.2.1 if he chooses to terminate the hosting account during the paid-for term for any reason; or
9.2.2 if he changes his mind for whatever reason subsequent to the initial purchase; or
9.2.3 if the account is terminated in accordance with clauses 8.3, 8.4, 8.5, 13.3, 13.4, 13.5; or
9.2.4 if the Host terminates this agreement because the customer has failed to comply with the Acceptable Use Policy.
9.2.5 for any extra services purchased subsequent to the original hosting plan.
9.2.6 for any Planbuilder plan.
10 Confidentiality
10.1 The parties are aware that in the course of the transacting business they will each have access to and be entrusted with information in respect of the business and operation of the other and their dealings, transactions and affairs, all of which information is or may be confidential.
10.2 The parties hereby undertake for themselves and every employee or sub-contractor whose services they may use both during and after completion of any web hosting agreement that they will not divulge to any person whatever or otherwise make use of (and shall use their best endeavours to prevent the publication or disclosure of) any trade secret or confidential information.
10.3 Both the Host and the Customer hereby undertake to the other to make all relevant employees agents and sub-contractors aware of the confidentiality of information and the provisions of this paragraph and to take all such steps as shall from time to time be necessary to ensure compliance by its employees agents and sub-contractors with these provisions.
11 Third party software rights
11.1 The Customer undertakes to obtain all necessary licences to operate the Web Site and to indemnify the Host against all costs claims and expenses arising from any failure to do so.
11.2 The Host undertakes to obtain all necessary licences required to provide the Services and to indemnify the Customer against all costs claims and expenses arising from any failure to do so.
12 Resellers
12.1 If you are or become a reseller of our Services you will continue to be bound by this Agreement. You will be responsible for ensuring that your customers are bound by your own terms and conditions that adequately reflect and give effect to this Agreement.
12.2 You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any contract binding on us.
12.3 No default by your customers shall in any way affect, modify or limit your obligations under this Agreement.
12.4 We authorise you to sell our services under your own brand for the direct use of your clients only. You may not permit your clients to resell the services you provide.
12.5 A maximum of one reseller account may be held by any one customer at any one time.
12.6 You may cancel your account at any time by giving notice via email. There is no minimum notice period however, NO refunds will be given for any paid-for hosting period left to run at the time notice is given.
12.6.1 If you change your mind within 7 days of signing up for a reseller account, you may obtain a full refund of any monies paid.
12.7 Unauthorised excess bandwidth is charged at £15.00 per GB (gigabyte) or part thereof.
12.8 As a reseller, you are expected to have knowledge of the technical issues you will come across in assisting your clients. Powersoft Hosting will not assist where it is considered that the matter being questionned should be basic knowledge for a person or persons taking up business as a web hosting reseller.
12.9 If a reseller account becomes suspended because of misuse of resources, excess resource use, non payment or any other reason, Powersoft Hosting will not be responsible for any data loss to either the reseller or his client or, to compensate the reseller for loss of client business or goodwill as a result of such suspension.
13 Acceptable Use Policy ("AUP")
13.1 The Customer agrees to comply with the AUP set out in Schedule 1 as modified from time to time and notified to the Customer.
13.2 The Host agrees that the AUP shall not be altered in such a way as to change any fundamental provision of this agreement nor to impose on the Customer an unreasonable or unduly expensive obligation.
13.3 If in the absolute discretion of the Host the Host believes the Customer has violated the Host's AUP, the Host shall notify the Customer of this by email. The Host may suspend service to the Customer pending further investigation.
13.4 If within 6 months of any violation, the Customer commits a second violation whether in a similar or different way then the Host will terminate part or all of the Services without notice.
13.5 In any case the Host may suspend all the Services without notice if the Host reasonably believes the circumstances justify this to protect themselves or others or to comply with any law. In making the decision to suspend the Host is not obliged to consider the cost or damage to the Customer that may be caused by suspension of the Services to the Customer.
13.6 Money will not be refunded to the Customer in respect of any period during which Services are suspended.
14 System and Network Security
14.1 The Customer agrees that he will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the systems of the Host.
14.2 The Customer understands that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
14.3 Examples of violations are:
14.3.1 accessing data unlawfully or without consent;
14.3.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication
measures;
14.3.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of
overloading, "flooding", "mail bombing" or "crashing";
14.3.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
14.3.5 taking any action in order to obtain services to which the Customer is not entitled.
15 The Customer indemnifies Host
The Customer agrees to indemnify the Host against all costs claims and expense arising directly or indirectly from:
15.1 the Customer's failure to comply with the law of any country;
15.2 the posting by the Customer of any content on the Customer's web site;
15.3 a breach of the intellectual property rights of any person;
15.4 the posting by any third party with or without the Customer's knowledge of any material on the Customer's web site;
15.5 any action taken or omitted by any third party in relation to the Customer's web site;
15.6 any use of the Customer's web site for a purpose forbidden by this agreement;
15.7 the actions of the Customer or any person authorised by him at the premises of the Host;
15.8 provided that the Host:
15.8.1 gives notice to the Customer of any infringement immediately he becomes aware of it;
15.8.2 gives the Customer the sole conduct of the defence to any claim and does not at any time admit liability or
otherwise settle or compromise or attempt to settle or compromise the claim except upon the express instructions
of the Customer; and
15.8.3 act in accordance with the reasonable instructions of the Customer and give to the Customer whatever assistance
he reasonably requires in respect of the conduct of his defence.
15.9 The Customer shall reimburse the Host his reasonable costs incurred in complying with the above provisions and for the purpose of this paragraph the Customer agrees that the cost of our management and technical time is properly recoverable and can reasonably be valued at £75 per hour without further proof.
16 Customer contact details
The Customer undertakes to provide to the Host the Customer's current land address and email address as often as they are changed.
The Host will not be responsible for vital account email communications sent by the Host where such emails were undeliverable as a result of the Customer not updating the Host with the most recent email contact information.
17 Interruption to the Service
17.1 If it is necessary for the Host to interrupt the Services and the Host reasonably believes the prospective duration of down-time does not justify telling the Customer in advance, then he need not do so.
17.2 If notice of prospective down-time is given by the Host he shall in his discretion give whatever period of notice he believes is reasonable.
17.3 The Customer acknowledges that the Services may also be interrupted for reasons beyond the control of the Host.
17.4 The Customer agrees that the Host is not liable to him for any loss whether foreseeable or not, arising as a result of interruption to the Services.
18 Privacy policy exception
The Customer agrees that the Host may disclose the Customer's information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to the Customer.
19 Host's disclaimer
19.1 The Host does not represent that the Services are suitable for the Customer's use.
19.2 The Customer acknowledges that in entering into this agreement he has not relied on any representation or other information not contained in this agreement.
19.3 The Host accepts no responsibility for:
19.3.1 any firewall provision not specified in the Services;
19.3.2 any malfunction in any software;
19.3.3 any aspect whatsoever of the content or functionality of the Customer's web site;
19.3.4 any loss whether business or otherwise, as a consequence of any emails not reaching the recipient mailbox in any designated period of time.
20 Limitation of liability
20.1 The following provisions set out the Host's entire liability (including any liability for the acts and omissions of its employees) to the Customer in respect of:
20.1.1 any breach of its contractual obligations arising under this agreement; and
20.1.2 any representation statement or tortious act or omission including negligence arising under or in connection with
this agreement
and the Customer's attention is drawn to these provisions.
20.2 Any act or omission on the part of the Host falling within this paragraph shall be known as an 'Event of Default'.
20.3 The Host's entire liability in respect of any Event of Default shall be limited to damages of an amount equal to the total Price paid or payable by the Customer for the web hosting agreement for one year.
20.4 The Host shall not be liable to the Customer in respect of any Event of Default for loss of profits, goodwill or any type of special indirect or consequential loss (including loss or damage suffered by the Customer as a result of an action brought by a third party) even if such loss was reasonably foreseeable or the Host had been advised of the possibility of the Customer incurring the same.
20.5 If a number of Events of Default give rise to substantially the same loss then they shall be regarded as giving rise to only one claim under this agreement.
20.6 The Customer hereby agrees to give the Host not less than 72 hours in which to remedy any Event of Default hereunder.
20.7 Nothing in this paragraph shall confer any right or remedy upon the Customer to which he would not otherwise be legally entitled.
20.8 The Host shall not be liable to the Customer for loss arising from or in connection with any representations agreements statements or undertakings made prior to the date of the customer first signing up for a Powersoft Hosting web hosting account.
21 Monitoring
21.1 The Host is under no obligation to monitor or record the activity of any customer for any purpose, nor does the Host assume any responsibility through its AUP or otherwise to monitor or police Internet-related activities.
21.2 From time to time the Host will monitor customer accounts to ensure that the AUP is being complied with and to check resource usage.
22 Force majeure
22.1 Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including strikes of its own employees.
22.2 Each of the parties agrees to give notice immediately to the other upon becoming aware of an event of force majeure such notice to contain details of the circumstances giving rise to it.
22.3 If a default due to force majeure shall continue for more than 6 weeks then the party not in default shall be entitled to terminate this agreement. Neither party shall have any liability to the other in respect of the termination of this agreement as a result of force majeure.
23 Successors to the agreement
23.1 The benefit and obligations of this agreement shall be binding on any successor in title.
23.2 Neither party shall be entitled to assign this agreement nor all or any of their rights and obligations hereunder without the prior written consent of the other.
23.3 The Customer shall not permit any part of the benefit of this agreement to be used by any other person except a person to whom the Web Sites have been sold or transferred.
24 Agreement is divisible
Each sub paragraph in this agreement is independent and severable from each other paragraph and enforceable accordingly. If any restriction is unenforceable for any reason but would be enforceable if part of the wording were deleted, it will apply with such deletions as may be necessary to make it valid and enforceable.
25 Notices
Any notice to be served on either of the parties by the other shall be sent by first class post or pre paid recorded delivery or by facsimile or email and shall be deemed to have been received by the addressee within 72 hours of posting or 24 hours if sent by facsimile to the correct number or, email to the last known address recorded on file.
26 Headings
The headings in this document are for reference only.
27 Dispute Resolution
In the event of a dispute arising out of or in connection with this Agreement and which has not been resolved following discussions and negotiations between a person or persons appointed or authorised by the Customer and the Host then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
28 Waiver
The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement.
29 Jurisdiction
This Agreement shall be interpreted according to the laws of England
30 Entire Agreement
This Agreement along with any documents or schedules referred to herein contain the entire Agreement between Host and Customer for the subject matter covered and supercede any previous terms or agreements between Host and Customer in relation to the same matters.
In placing an order with the Host or, continuing to use an existing hosting account, you are accepting to be bound by this Agreement and confirm that you have not relied on any representation other than those expressly stated in this Agreement and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
Schedule 1
Acceptable Use Policy
1 The following material may not be stored on the Host’s servers and if found, will be deleted immediately without notice:
1.1 Copyright works (unless the Customer can prove they own the copyright);
1.2 Commercial audio, video or music files;
1.3 any material which violates the law of any established jurisdiction;
1.4 unlicensed software, Freeware, Shareware or Trial software;
1.5 software or content which assists in or promotes: emulators, phreaking, hacking, password cracking, IP spoofing,
warez, IRC;
1.6 links to any of the material specified in this paragraph;
1.7 Pornographic or adult material of any kind;
1.8 any material promoting discrimination or animosity to any person on grounds of gender, race or colour.
1.9 any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous,
profane.
1.9.1any material containing a virus or other hostile program which constitutes or encourages the commission of a
criminal offence or, which infringes any patent, trade mark, design right, copyright or any other intellectual
property right or similar rights of any person which may subsist under the laws of any jurisdiction.
2 The Customer may not share, let or sub-license space on the Servers. (Except as an authorised reseller).
2.1 If this policy is found to be violated, a charge of up to £200.00 will be levied immediately and the account will be
suspended.
3 The Customer may not:
3.1 use or permit others to use the Host’s network to transmit “spam” or unsolicited commercial email (“UCE”)
3.2 publish or permit publication of, sites or information that are advertised by UCE from other networks. If the Customer
does so, the Host may terminate the Services.
3.3 use any temporary domain given by the host for a period of longer than 21 days.
3.4 use domain forwarding to point to their temporary URL.
4 The following activities are prohibited on shared server facilities. Prohibited activities are:
4.1 Sites with banners, graphics or cgi scripts running from their domain being used on other domains. (e.g., hot-linking,
image-sucking, load-spreading);
4.2 Sites with very large graphic archives or galleries;
4.3 Sites offering download archives or large media distribution (>3MB), such as .mp3, .zip, .tar, .sit, .ra, .avi, .mov, .asf and .GZ;
4.4 Sites running large or busy chat rooms;
4.5 Sites using more than 8% of system resources.
4.6 any material containing a virus or other hostile program.
The Host will decide in his absolute discretion what constitutes a violation of this provision.
5 The Host may in his absolute discretion arrange for the automatic disconnection of vacant lines.
Disconnection is likely after the following periods:
FTP - 5 minutes
Telnet/SSH - 2 hours
6 E-mailings of more than 500 sends per hour are prohibited. Customers are asked to send all mass mailings between
12 midnight and 6.00 am GMT.
7 Customers are asked to report any abuse to: abuse@powersofthosting.co.uk
8 Backup of Data
Our servers are backed up on a daily basis and we make every effort to ensure the reliability of this process. However, this service is intended to supplement rather than replace your own backups and we can take no responsibility for any loss of data, howsoever it may be caused.
9 Excessive Use
Accounts that exceed the designated quotas of diskspace and/or data transfer will be subject to surcharge in accordance with the rates published on this website. Unauthorised excess use can seriously affect other users on our servers and there can be no exception to this rule. Charges for excess diskspace and data transfer use will be made retrospectively according to use and failure to pay on demand, any sums due will result in the suspension of hosting facilities. Current charges are:
Data Transfer : £10.00 per GB (gigabyte) or part thereof.
Diskspace : £1.00 per 10 MB (megabyte) or part thereof.
10 Misuse of resources
Including but not limited to, employing applications which consume excessive CPU time, memory or storage space. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources. To avoid disappointment, customers should use a PHP/ASP message forum. The use of web cam applications that maintain a constant FTP connection uploading an image at regular intervals is forbidden.
The Host would always urge customers to check before uploading if there is any doubt as to the type of content that is suitable.
The Host reserves the right to determine what constitutes acceptable use.
Schedule 2
Technical Support Policy
1 The Host will endeavour to make all reasonable efforts to assist the customer with any technical queries they may have. However, there will be occasions where the Host must refer the customer to a manual or help files and in some circumstances, admit that it will not be able to assist.
The customer accepts that it would be impossible for the Host to have in depth knowledge on every single 3rd party program, package and/or configuration that exists to help the consumer or webmaster today.
To assist the customer in knowing what areas they are likely to receive assistance in and what they will not, a non-exhaustive list of issues is shown below:
2. Issues that are supported:
2.1 Password changes
2.2 Server failure
2.3 General questions (where time permits)
2.4 E-mail issues
2.5 Frontpage extension queries
2.6 Web-based control panel queries
2.7 Domain name queries for existing or potential new customers
2.8 Inability to connect to server space
3. Issues that are not supported:
3.1 CGI Scripts, either preinstalled or 3rd party
3.2 Web page programming, development or construction
3.3 3rd party software, including Microsoft Frontpage and other HTML editors
3.4 ISP problems
4. Support Times
Current support times are as follows:
4.1 Monday to Friday - 06.00 - 21.00 GMT
4.2 Saturdays, Sundays and Bank Holidays - 09.00 - 21.00 GMT
4.3 Support differs from the above for the following accounts:
4.3.1 Planbuilder Accounts - Monday to Friday 06.00 - 21.00 GMT and for hardware issues only.
4.3.2 There is NO support for software issues for Planbuilder account holders.
4.3.3 Weekend, Bank Holiday and online virtual 'chat' support does not apply to Planbuilder account holders.
4.4 In setting out the support times above, the Host does not guarantee that the customer will receive a response within those times.
4.5 If the Host decides at his sole discretion to deal with a support enquiry outside of the times detailed above, the customer acknowledges that this does not indicate any responsibility on the part of the Host to do so again at any future point.
5 While we will use every reasonable endeavour to ensure the integrity and security of the server, we do not guarantee that the server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
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