Hosting Terms and Conditions

All users of the hosting services provided by tuneyourweb, agree to comply with these Terms and Conditions (hereafter referred to as T&C). The spirit of the T&C is to ensure customers are using tuneyourweb's services with due regard to the rights of other Internet users and in conformity with the requirements of the T&C of tuneyourweb's hosting network provider.

Server Resources

Hosting is provided for personal, small or medium-sized businesses. Any web site found to be using a high amount of server resources which affects other hosted sites will be given the option to pay additional charges. This does not include a large amount of visitors to your website, after all, thats what we all want. Any Web Hosting account deemed to be adversely affecting server performance or network integrity, such as badly written CGI scripts or not closing database connections may be suspended without prior notice while the issue is corrected.

Chat Rooms and IRC

tuneyourweb does not allow customers to install their own chat rooms, IRC or IRC bots as they require significant system resources.

Background Running Jobs and Cron Jobs

tuneyourweb will allow programs to run in the background if needed. These programs will be considered on an individual basis. However, you can easily setup scheduled tasks in your control panel.

Ownership of Website

The legal owner of your web site will be the individual or organisation whose name is listed as the tuneyourweb customer.

Website Content - What's not allowed

Waraz content, torrents, MP3's of copyrighted music, Movie downloads or Pornographic content. nor any illegal content nor content that maybe found harmful towards other people. Your hosting account may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorisation; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

Email Services

As a part of our hosting, we offer all clients a mail server. The max emails that can be sent out in any single hour is 300 from a domain.  For windows hosting customers, all emails from deleted items will be deleted after 15 days, Sent Items after 30 days, inbox after 60 days and spam folder after 7 days.  However these default settings can be changed. The maximum number of mailbox's that can be created on a single domain name is 150. Each email sent must have 50 or less recipients. The total email storage allowance per domain name across all email addresses is 1GB.  This can be increased to 2Gb if proven more space is needed on a per domain name basis. All outgoing email must be sent using SMTP authentication.

Mass Mailing and Spamming

No spamming or unsolicited bulk and/or commercial messages (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service. This includes using a different mail server and referencing your web site in it's contents. You are also not allowed to sell products that facilitates spamming. Violators may have their hosting account immediately suspended. 

Domain names and web sites reported to us that are found to be sending masses of spam emails will be given a flat fine of £30.00 to cover administration time to physically remove the emails from our spool.  Any email spam user that causes IP black listings will be given a fine of £100.00.  Any user that causes complaints from other companies, for example spamcop, aol, yahoo etc will be given a fine of £50.00 to cover administration fee's to advise the companies the reasons why the spam was sent.

System and Network Abuse

Violations of system or network security are prohibited and may result in criminal and civil liability by our parent hosting provider. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Viruses and Other Destructive Activities

Use of tuneyourweb's hosting for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to use the hosting service (or any connected network, system, service or equipment) or conduct their business over the Internet.

Virus's Uploaded to Websites

If your website contains a virus or a virus has been uploaded by the website owner or if the website is hacked in anyway, our system will automatically attempt to clean the virus, if this does not happen our system will then attempt to delete the virus.  If the virus can not be deleted and several viruses are uploaded your domain name will be suspended from our hosting until the issue is fixed.  You may then need to pay an administration fee of £10.00 to have the domain name re-enabled depending on the circumstances.

Adult Content

Some adult content is allowed, we allow nudity and bad langauge etc, however pornographic images, videos and pornographic websites are not allowed.

Child Pornography

The use of tuneyourweb hosting space to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. tuneyourweb is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Customer Responsibility

Customers are required to use the tuneyourweb hosting account responsibly and with respect to other customers using the service. We reserve the right to suspend and/or cancel service with any customer who uses the tuneyourweb network in such a way that adversely affects other customers.

While we may monitor electronically to determine that its facilities are operating satisfactorily, as a general practice, we do not monitor our customers' communications or activities to determine whether they are in compliance with the T&C. However, when tuneyourweb becomes aware of any violation of this agreement, we will take action to stop or correct such violation, including, but not limited to, temporarily suspending the hosting account. Failure to cooperate with such corrective or preventive measures is a violation of this policy.

Actions taken by Tune Your Web

The failure by a customer to meet or follow any of the T&C is grounds for account deactivation. We will be the sole arbiter as to what constitutes a violation of the T&C. We reserve the right to remove any account without prior notice and to refuse service to anyone at any time. When we become aware of an alleged violation of our T&C, we will initiate an investigation.

During the investigation, we may restrict a access in order to prevent further potentially activity. Depending on the severity of the violation, we may, at our sole discretion, restrict, suspend, or terminate a web hosting account. If such violation is a criminal offence, we will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the T&C if it is illegal, irresponsible, or constitutes disruptive use of the Internet. We do not issue credits or refunds for outages incurred through service disablement resulting from T&C violations. Violators of the policy are responsible, without limitations, for the cost of labour to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by tuneyourweb.

Indemnification

tuneyourweb customers agree to protect, defend, hold harmless, and indemnify tuneyourweb, any third party entity related to tuneyourweb (including, without limitation, third party vendors), and tuneyourweb's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as tuneyourweb, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of tuneyourweb's services.

Disclaimer

The tuneyourweb service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. tuneyourweb expressly disclaims any representation or warranty that the tuneyourweb service will be error-free, secure or uninterrupted. No oral advice or written information given by tuneyourweb, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. tuneyourweb and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Termination for Bankruptcy or Insolvency

If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, tuneyourweb may immediately terminate provision of tuneyourweb's hosting services to the customer without prior notice or penalty.

Modifications

tuneyourweb may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with tuneyourweb's services. Certain changes to tuneyourweb's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and tuneyourweb is not liable, for any and all such personalized applications and content, except as expressly agreed to by tuneyourweb.

Backup of Data

tuneyourweb provide 100% backups of all services including websites, databases & email. These backups are for disaster recovery and not for general restore requests. We recommend you make your own backups.  If you require a restore from our vault this can be done for a small charge.

Third-Party Products

Any mention of non-tuneyourweb products by tuneyourweb, its employees, or any third party entity related to tuneyourweb is for information purposes only and does not constitute an endorsement or recommendation by tuneyourweb. tuneyourweb disclaims any and all liabilities for any representation or warranty made by the vendors of such non-tuneyourweb products or services.

Intellectual Property

Customers will not, without tuneyourweb's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on tuneyourweb's web site, and customers will not use any of tuneyourweb's trademarks, service marks, copyrighted materials, or other intellectual property without tuneyourweb's express written consent. Customers will not, in any way, misrepresent their relationship with tuneyourweb, attempt to pass themselves off as tuneyourweb, or claim that customers are tuneyourweb.

Assignment

Customers may not assign or delegate their rights or obligations under the AUP or other agreement for tuneyourweb's services, either in whole or in part, without the prior consent of tuneyourweb.

Server Timezone

tuneyourweb servers time zone is set to UK GMT.

Governing Law and Severability

The AUP, and any other agreement for tuneyourweb services, will be governed by and construed in accordance with the laws of the United Kingdom without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and tuneyourweb will take place in UK, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the AUP or other tuneyourweb agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the AUP or the agreement will continue in full force and effect.

Waiver and Amendment

Any waiver, modification, or amendment of any provision of the AUP or other agreement for tuneyourweb services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of tuneyourweb.

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between tuneyourweb and its customers. Each of tuneyourweb and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

[III] Billing Policy

The following Terms of Use constitute tuneyourweb's Billing Policy and apply to ALL tuneyourweb customers:

Payments

All charges are shown in GBP. We accept Paypal, Bank Credit, O2 Money Card or Cheque. All payments are due on the Account Statement Date. The Account Statement Date is the annual anniversary of the date the account was activated.

Customers agree to make payment of their balance due within thirty (30) days of the Account Statement Date. Accounts that are over forty three (43) days overdue will be classed as cancelled and your service and website will be removed from our system and your invoice cancelled. Cheque payments carry a £2.50 surcharge.

Billing Cycles (Terms)

The Billing Cycle begins either on the plan creation date, or your Go-Live date for tuneyourweb design customers. Due to the not-for-profit hosting system used by tuneyourweb, prices may slightly vary year to year and can go slightly up or down. For this reason, the billing cycle is 1 year only. If you wish to pay for multiple years in advance, you will be charged the standard rate plus an additional £2.50 for each additional year. The additional years will be added as a "credit" to your account and will automatically be used to pay your annual renewals for the time you have paid for. There are no refunds for hosting services whether paid for annually or in advance.

Account Renewals

In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.

Statements

tuneyourweb does not mail paper invoices or statements. Statements can be viewed and printed using our online billing system. If you require a paper receipt, please let us know.

Billing/Price Changes

tuneyourweb's hosting prices are variable and calculated on an annual basis. Pricing for the following year are calculated on 1st December and are fixed for the whole of the following year. As our hosting is not-for-profit, this depends on how many customers we have and will be affected by leavers and new customers.

Cancellation Refunds

No refunds are given if you cancel your account before your current hosting is due for renewal and credits stored against accounts will be lost.