1. Terms of Service
Hostcymru Limited reserves the right to suspend or cancel a customer's access to any or all services provided by Hostcymru Limited at any time without notice or reason. Hostcymru Limited also reserves the right to cancel or suspend a customer's account if they breach any of these terms of service.
2. Account-Holder Identification Information
You agree that you, as the person legally responsible for all usage of a Hostcymru Limited hosting and/or email account, are of at least 18 years of age, and are UK resident. You agree to supply Hostcymru Limited with a current and truthful name, postal address, email address and telephone number for our records, and you have a continued obligation to keep this information current. Please note we will not accept P.O. Box numbers. You also agree that you are an authorised user of any credit card that you supply to us or our payment partner(s), and you understand and agree that we have an obligation to fully co-operate with the appropriate authorities to investigate any possible fraudulent credit card use. You agree that you are wholly liable for any charges that may arise from legal recourse, taken by ourselves or our partner(s) in connection with proven fraudulent credit card use. Hostcymru Limited reserves the right to refuse service to anyone without notice or reason.
3. Sharing of Hosting Account
Sharing of a hosting account between one or more companies is not permitted. You are the individual solely responsible for all usage of the hosting account, and are liable for all actions, legal or technical that may result from unauthorised access. You understand this includes but is not limited to breach of the hosting account due to negligence on your part.
4. Account Setup
Hostcymru Limited will set up your account only after we have received payment, and we and/or our payment partner(s) shall be entitled to screen the order(s) in accordance with anti-fraud procedures. It is your responsibility to provide us with an email address during the order process that is not @ the domain(s) you are signing up under. If we require a personal credit reference report or bank reference, we will obtain your prior consent.
5. No Warranties
Hostcymru Limited makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Hostcymru Limited or its agents or employees shall create or imply any other warranty. Hostcymru Limited provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Hostcymru Limited be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
6. Resource Usage
Users may not initiate the following:
a) Run any process that requires more than 8Mb of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time.
b) Run any type of interactive real-time chat applications that require server resources, although remotely-hosted services are allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRC.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
7. Account Use
Hostcymru Limited does not allow any of the following content to be hosted:
a) Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any UK, Federal, State or Local regulation.
b) Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Hostcymru Limited.
c) Warez - Includes, but not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
d) Other Material - Any material we feel to be abusive, or which we feel effects or could effect the operation of the service and/or which we feel could effect other internet users. The designation of "abusive" is left entirely to the discretion of Hostcymru Limited. All rights reserved.
8. Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice, without prejudice to any accrued rights we may have against you. Hostcymru Limited reserves the right to require changes or to disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Hostcymru Limited also reserves the right to make any such modifications at our sole discretion. Hostcymru Limited reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost is left entirely to the discretion of Hostcymru Limited. All rights reserved.
9. Payment Information
You agree to supply appropriate payment for the services received from Hostcymru Limited, in advance of the time period during which such services are provided. You agree that until and unless you notify Hostcymru Limited of your desire to cancel any or all services received, those services will be billed on a monthly recurring basis or annual recurring basis, as selected in the ordering process. Hostcymru Limited reserves the right to change the monthly payment amount and annual payment amount and any other charges at any time, but we notify you if we do.
10. Backups and Data Loss
Your use of the service is at your sole risk. Hostcymru Limited is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on Hostcymru Limited provided server space.
11. Cancellation and Refunds
Hostcymru Limited reserves the right to cancel the account at any time. Customers may cancel their account at any time. Hostcymru Limited does not provide refunds under any circumstances.
12. Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting and/or email 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.
13. Indemnification
You agree that it You shall defend, indemnify, save and hold Hostcymru Limited harmless from and against any and all demands, liabilities, losses, costs and claims, including legal fees asserted against Hostcymru Limited, 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 You, Your agents, employees or assigns. You agree to defend, indemnify and hold harmless Hostcymru Limited against liabilities arising out of (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Hostcymru Limited; (2) any material supplied by You infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold by You from Hostcymru Limited provided server space.
14. Disclaimer
Hostcymru Limited will not be responsible for any damages your business may suffer including but not limited to any loss of profit. Hostcymru Limited makes no warranties of any kind, expressed or implied for services we provide. Hostcymru Limited 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 Hostcymru Limited and its employees.
15. Changes to Terms of Service and Terms and Conditions
Hostcymru Limited reserves the right to revise its policies, as well as these terms of service, and terms and conditions, at any time, but we will notify you if we do.
16. Domain Name Registration
Hostcymru Limited is an Enom Inc Technology Partner, and uses Enom Inc for domain name registration services. Hostcymru Limited exclusively manages all processes relating to domain names on your behalf. All Hostcymru Limited clients are bound by the Enom Inc Registration Agreement. Full details of the Enom Inc Registration Agreement can be accessed at: http://www.enom.com/help/agreement.asp
By providing payment to Hostcymru Limited with respect to hosting and/or email services, you signify that you have read and agree with the Terms of Service outlined.