Privacy Policy - Web Star Creations

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

The Host is Web Star Creations. Clients are any subscriber to any web hosting service provided by Host.

All Clients subscribing to our web hosting must agree to comply with the terms and conditions set in this document.

Host agrees to provide the client web hosting for a monthly/annual fee. Host will never require clients to advertise for Host on their website in any way shape or form unless agreed upon 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 Host 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 Host 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. Host 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
  • Spamming Software

Background-running Programs

We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

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, Host 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 Host'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 Host 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 Host network. If you use a domain name in connection with the Host 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 Host 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. Host 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

Host reserves the right at its sole discretion to refuse or cancel service. Violation of any of Host'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 Host Network, Host equipment or any Host 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 Host Network, Host equipment or any Host 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, Host reserves the right to disable your domain without warning. In addition, Host may impose a 100 penalty for each spam policy violation. Host solely reserves the right to refuse or cancel service to known spammers. Lastly, Host 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 Host 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 Host (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Host, 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 Host against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Host 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 Host 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.

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

Disclaimer

Host will not be responsible for any damages your business may suffer. Host makes no warranties of any kind, expressed or implied for services we provide. Host 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 Host and its employees. Host makes no "uptime" guarantees.

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

Host 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 Host. 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 Host then Host will not be responsible for maintaining hosting for the resellers customers.

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

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

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

Host reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.