Trading Terms and Conditions
Use of UK-Cheapest.co.uk Services constitutes acceptance and agreement to UK-Cheapest.co.uk's AUP (Acceptable Use Policty) as well as UK-Cheapest.co.uk's TOS (Terms of Service).
UK Cheapest Ltd ("The Company") agrees to furnish services to the Subscriber, subject to the following AUP (Acceptable Use Policy). UK-Cheapest.co.uk's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what UK-Cheapest.co.uk expects of them while using the service. All users of UK-Cheapest.co.uk's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. UK-Cheapest.co.uk may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your UK-Cheapest.co.uk account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
Acceptable Use Policy (AUP)
This document is intended to provide a basic understand of UK-Cheapest.co.uk's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of UK-Cheapest.co.uk's AUP:
1. Ensure reliable service to our customers
UK-Cheapest.co.uk intends to provide its customers access to everything the Internet has to offer. While UK-Cheapest.co.uk is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both UK-Cheapest.co.uk and the Internet and cannot be permitted under the guise of free speech. The resources of UK-Cheapest.co.uk and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of system utilisation and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
You may not use your dedicated rack or virtual site to publish material, which UK-Cheapest.co.uk determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
If a UK-Cheapest.co.uk account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behaviour and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at our HelpDesk.
Violations of this AUP
The following constitute violations of this AUP:
1. Illegal use: UK-Cheapest.co.uk's services may not be used for illegal purposes, or in support of illegal activities. UK-Cheapest.co.uk reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
2. Harm to minors: Use of UK-Cheapest.co.uk services to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
3. Threats: Use of the UK-Cheapest.co.uk services to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
4. Harassment: Use of the UK-Cheapest.co.uk services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
5. Fraudulent activity: Use of UK-Cheapest.co.uk services to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
6. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the UK-Cheapest.co.uk services to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending UK-Cheapest.co.uk account.
8. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending UK-Cheapest.co.uk account.
9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the UK-Cheapest.co.uk services is in violation of this AUP.
10. Usenet SPAMing: UK-Cheapest.co.uk has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
11. Unauthorised access: Use of the UK-Cheapest.co.uk services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of UK-Cheapest.co.uk's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending UK-Cheapest.co.uk account is subject to immediate termination.
12. Copyright or trademark infringement: Use of the UK-Cheapest.co.uk services to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorised copying of copyrighted material, the digitisation and distribution of photographs from magazine, books, or other copyrighted sources, and the unauthorised transmittal of copyrighted software.
13. Collection of personal data: Use of the UK-Cheapest.co.uk services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
14. Network disruptions and unfriendly activity: Use of the UK-Cheapest.co.uk services for any activity which affects the ability of other people or systems to use UK-Cheapest.co.uk Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorised entry and/or use of another company and/or individual's computer system will result in immediate account termination. UK-Cheapest.co.uk will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
15. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
16. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
17. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offence will result in the immediate termination of the offending account.
18. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using UK-Cheapest.co.uk services could result in suspension service.
19. Third Party Accountability: UK-Cheapest.co.uk subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
20. Violation Of UK-Cheapest.co.uk Virtual Accounts: It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
21. IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Accounts found to be connecting to or part of these networks will be immediately removed from our network without notice. The account will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your account to confirm that the content has been completely removed. Any account guilty of a second violation will result in immediate account termination.
Security - You are responsible for any misuse of your account
Even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorised access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorised access to another network or server.
1. Your password provides access to your account. It is your responsibility to keep your password secure.
2. Sharing your password and account access with unauthorised users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
3. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
4. You must adopt adequate security measures to prevent or minimise unauthorised use of your account.
5. You may not 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 you, logging into or making use of a server or account you are not expressly authorised to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
6. You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
7. Users who violate systems or network security may incur criminal or civil liability. UK-Cheapest.co.uk will cooperate fully with investigations of violations of systems or network security at other sites, including co-operating with law enforcement authorities in the investigation of suspected criminal violations.
UK-Cheapest.co.uk accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of UK-Cheapest.co.uk systems or networks. UK-Cheapest.co.uk reserves the right to terminate or limit such activities.
Reporting AUP Violations
UK-Cheapest.co.uk requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at our eSupport HelpDesk.
If available, please provide the following information:
1. The IP address used to commit the alleged violation
E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. UK-Cheapest.co.uk may take any one or more of the following actions in response to complaints:
1. Issue written or verbal warnings
Revisions to this AUP
UK-Cheapest.co.uk reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).
Terms of Service (TOS)
1. Disclosure to Law Enforcement: The AUP Specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition UK-Cheapest.co.uk shall have the right to terminate all service set forth in this Agreement.
2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. All accounts and services provided by UK-Cheapest.co.uk are subject to the current tax rate as imposed by UK Customs and Excise which is currently 17.5%. You agree to supply appropriate payment for the services received from UK-Cheapest.co.uk in advance of the time period during which such services are provided. You agree that until and unless you notify UK-Cheapest.co.uk of your desire to cancel any or all services received, those services will be billed on a recurring basis. The above applies to all accounts and services provided by UK-Cheapest.co.uk.
4. Payments and Fees: Credit cards that are declined for any reason are subject to a £1.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for non-payment is subject to a £200 reconnect charge. Accounts not paid by due date are subject to a £7.95 late fee. Accounts that are not collectable by UK-Cheapest.co.uk may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than £50 nor more than £150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
5. Refund and Disputes: All payments to UK-Cheapest.co.uk are non-refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in UK-Cheapest.co.uk's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay UK-Cheapest.co.uk an "Administrative Fee" of not less than £50 and not more than £150.
6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
7. Account Cancellation: Requests for cancelling hosting and site builder accounts must be made within 30 days. Domain registration are not subject to the refund policy.
8. Acknowledgements: Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
9. Backup Responsibility: UK-Cheapest.co.uk regularly makes backup copies of information stored on its servers for disaster recovery purposes. Nevertheless, availability of backups is not guaranteed and we will not be responsible for loss of customer data. Customers are advised to make regular backups of the information they store on our servers. Our Control Panel provides tools that facilitate full data backup and restoration.
10. Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to UK-Cheapest.co.uk will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by UK-Cheapest.co.uk on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
11. Support Boundaries: UK-Cheapest.co.uk provides 24 x 7 email technical support to our subscribers (except for few holidays and short company meetings when we close our centre.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: UK-Cheapest.co.uk provides support related to your server or virtual site physical functioning. UK-Cheapest.co.uk does not offer tech support for application specific issues such as CGI programming, html, application usage or any other such issue. UK-Cheapest.co.uk does not provide technical support for YOUR customers.
12. Domain Name Registration: As a domain name registrar, the company is, upon accepting your application to register or renew a domain name, your sponsor for that application. No domain name registrations shall be deemed effective unless and until we deliver the domain name registration or renewal application you provide us to the appropriate registry administrator, as applicable, and that registry administrator accepts your application and activates your domain name registration or renewal. You will be entitled to a refund only if your registration or renewal is unsuccessful.
13. Domain Name Renewals: You will ensure that you provide accurate contact details for your domain name registration, and that you keep these up to date. Your email address is particularly important as this is where we will send domain renewal information. If you fail to keep your contact details up to date, you may not receive domain name renewal notices and your domain name may not be renewed. UK-Cheapest.co.uk will accept no responsibity for your failure to provide and maintain accurate and up to date contact details, or for any losses incurred as a result of the release or non-renewal of any domain names. UK-Cheapest.co.uk will send domain renewal notices by email to the email address given as the domain owner / registrant with full instructions for payment of renewal fees. You are advised to renew your domain names as early as possible. Failure to renew your domain name in sufficient time will result in the release of your domain name. UK-Cheapest.co.uk can accept no responsibility for the non-receipt of renewal notices nor for any losses incurred as a result of the release or non-renewal of your domain names.You acknowledge and agree that the company does not guarantee that you will be able to register or renew a desired domain name, even if our systems indicate that domain name is available or you are able to complete an order with respect to such name. You also understand that the company cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS or other registry databases. You also acknowledge and agree that the company is not responsible for any inaccuracies or errors in the domain name registration or renewal process. You are solely responsible for making sure that your registration or renewal has been properly processed. You further acknowledge and agree that the company may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that the company is not liable or responsible in any way for any errors, omissions or any other actions by any third party including any registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name.
Backups - Your Data, Your Responsibility
Unless you purchase a data backup product as an additional cost option, We will make no backups of the data stored on the Server beyond that which is advertised. In the event that You purchase a data backup product We will endeavour to make backups of the data stored on the Server and make them available to You in accordance with the specification of the data backup product. We do not warrant that any data will be backed up correctly, nor that any successful restoration of data will be possible.
Regardless of whether You purchase a data backup product, We shall have no liability for any loss or damage to any data stored on the Server or backup mediums. We recommend that You make a backup of all data on the Server regardless of whether You have purchased a data backup product. We will not be held liable if a backup is not available to You.
Your Data: You are responsible for backing up Your Data. We do not warrant or otherwise guarantee that we will back up Your Data or that data which has been backed up can be retrieved, and will not be responsible for any archiving or backup of Your Data. We are not responsible and will not be held liable if any of Your Data is lost, whether during a service interruption or otherwise.
Resource Usage Limitations
Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
Your account may receive automatic suspension if you:
1. Use 25% or more of system resources for longer than 90 seconds. Activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
9. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server's CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
All resources are limited: About INODES.
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit.
When the service will be available
We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.