Internet Realisation Terms Of Service (22 augustus 2014)
This agreement is between Internet Realisation (The Provider of the internet services, We), and the client taking up our services (The Client).
In this document we use the term 'the account' to mean any services or products we supp cp_content_item_detailpage ly to The Client, including but not limited to hosting accounts, shell accounts, domain registration, domain hosting, email, telnet access, ftp access, domain forwarding, web design and production. We use the term 'account description' to mean the specification of a web hosting account, shell account or other which we have sold to The Client. The specification of the account will have been shown to the client either on our website, in printed materials, or in verbal or written communication.
By logging into your account, logging into your control panel or placing an order with us, you agree to be bound by the provisions laid out in this agreement.
1 ACCEPTABLE USE
1.1 Our web hosting accounts are intended for the purpose of publishing on the internet for the purposes of business, or personal use. All commercial, not for profit and personal usages of the account are permitted providing they do not break the law and are not prohibited by any of the provisions laid out in this agreement.
1.2 Although our web hosting accounts include telnet access, it is intended that this telnet or SSH access is used only for the purposes of managing your website. It is not allowed to use the telnet access as a development platform, compiling large programs, as a testing platform for software. IRC bots or daemons are not allowed. Leaving processes running in the background while you are not logged on is not allowed, and remaining logged on for extended periods of time while not working in telnet is not allowed. Light usage of crontab is allowed subject to the following conditions: 1. Processes launched from crontab will not execute for a period of time longer than 2 minutes 2. Heavily cpu or RAM intensive programs are not allowed 3. The process does not initiate a TCP/IP connection of any sort to a remote host 4. On average, no more than one cron job per day is permitted (this excludes any cron jobs which are setup by The Host, such as a preinstalled stats script). Note that this provision does not apply to Shell Accounts.
1.3 Our Shell Accounts unlike our web hosting accounts, do not have any of the conditions in provision 1.2, but the following terms apply:
The number of background processes is strictly limited to the number specified in the account description, which is shown to you when you order it.
Background processes may not be heavily cpu or memory intensive.
The bandwidth used by any processes is subject to the bandwidth limit as specifed in your account description.
Any non background process which is memory or resource intensive, may not run for a period of time longer than five minutes not exceeding a total daily maximum of 6 hours.
We allow for normal web hosting accounts to be upgraded to a Shell Account subject to a fee which is shown in our price list. For such an upgraded account, provision 1.2 will no longer apply, and provision 1.3 will come into force on that account. Provision 1.3 does not apply on any web hosting account that doesn't have Shell Account status.
1.4 The size of
the data stored in the provided EMail boxes and MySQL database is subject to the
diskspace quota as specified in your account description.
1.5 The following activites are prohibited on our servers: Publishing or storing Pirated software, publishing or storing pirated music, publishing or storing copyrighted material where to do so would be in breach of copyright laws, publishing or storing any form of pornography, publishing or storing any material which violates any UK laws by doing so.
1.6 Spamming, or sending bulk unsolicited messages from our server is prohibited.
1.7 Attempting to gain the privileges of another user is prohibited. Trying to gain access to any resource on our servers which you are not entitled to access is prohibited. Any attempt at hacking our servers will result in account termination.
1.8 Upon termination of The Clients' account, all data in The Clients account will be deleted. It is The Clients responsibility to make sure he has a copy of his or her data.
2 ACCOUNT TERMINATION
2.1 Violation of any of the provisions by The Client is grounds for account termination.
2.2 We reserve the right to terminate any account that is used to publish extreme political or social views, at our disgression.
2.3 We reserve the right to terminate any account that is used to publish material that we consider to be of a defamatory or menacing character.
2.3 If any person makes a complaint about material published using The Clients account, and we agree that the material is of an extremely objectionable nature, we reserve the right to terminate that account.
2.4 The Client may at any time provide notice that he wishes to terminate the account. However, the account will not be considered terminated until the end of the contracted period, which may be 3 months,1 or more years. The contracted period is stated clearly at the time of the order.
2.5 No refunds will be paid upon termination of the account, whether the termination is due to cancellation by The Client, or due to violation of any of the provisions in this agreement.
3 PAYMENT & BILLING
3.1 Payment for services is to be forfilled before processing of your order. Placing an order without payment for services or products does not guarantee that those services or products will be supplied to The Client. If the payment is not provided to The Provider the order for The Client will not be processed.
3.2 Legal ownership and title to any services or products supplied to The Client does not pass to The client until The Client has paid for the services or products in full.
3.3 If an invoice remains unpaid for more than 30 days, we reserve the right to suspend The Clients' account, and/or to temporarily withhold the product or service that remains unpaid.
3.4 If an invoice remains outstanding after 45 days, we reserve the right to terminate The Clients' account, and to withold the product or service that is unpaid. For outstanding amounts over 45 days we charge a 4% interest per month over the total amount (incl. VAT) with a minimum of 10 EURO.
3.5 If a cheque from The Client is refused by our bank, we reserve the right to charge The Client a administration fee of 10 EURO per cheque.
3.6 VAT is not included to any of our prices. For clients from the Netherlands the 19% VAT will either be added in the order process or by one of our salescontact in the corresponding dialog.
The Clients account will be billed either quarterly or annually, dependant upon
which billing frequency they selected when ordering the account. In the case of
some types of domain names, these will be billed bi-annually. The Client will
make payment to us by either cash, bank transfer or credit card. When making a
payment by bank transfer, the reference code we supply must be given as the transaction
reference code. When paying by credit card the reference code must be supplied
as a subject or comment field.
4.1 We are not liable for any losses or damages to any party caused by The Clients use of their account. The Client fully indemnifies The Host against any losses or damages caused to persons or property as a result of The Clients or any third parties use of the account.
4.2 The Client is solely responsible for their account, and The Client is solely responsible for any use of The Clients account by a third party. Any losses or damages caused by third party uses of The Clients' account are the responsibility of The Client.
4.3 We are not liable for any legal breach, publication or storage of illegal material or illegal activity which occurs by The Clients use of the account.
4.4 While we take measures and precautions to keep our servers and systems secure from hackers, we do not guarantee that a hacking incident will not occur on our servers and systems, and we are not liable for any data loss, or disruption to service caused by a hacking incident.
4.5 Although we endeavor to maintain the highest possible uptimes of our servers and systems, we do not guarantee 100% uptime. Our target is to maintain better than 95% average uptime, although we do not guarantee to achieve this, or offer compensation or refund if our uptime for any period of time falls below this. Remember that maintenance activites required the server to be rebooted causing the uptime to fall. However, if in any calender month the average uptime of The Clients websites, email, or ftp falls below 90%, we will refund that months hosting fees (domain registration, setup or domain forwarding fees not included in the hostingplan will not be refunded).
4.6 We may at times provide or recommend third party resources to The Client for their use. We are not responsible in any way for such resources, we offer them only for the purposes of assisting The Client, and will not be liable for any loss or damage caused by the use of such resources.
4.7 We do not guarantee
that any recent data The Client stores or publishes on our servers and systems will be
backed up. The Client is expected to keep recent backups of his own data. In the event
that The Clients' data becomes erased or damaged on our servers for any reason,
we do not guarantee that we can restore the data. We expect the client to be able
to restore such data.We maintain a default monthly backup schedule.
4.8. Provider shall not be liable for any loss or damage, of or by software or labour when it was agreed upon that the development of the product takes place on third-party servers.
4.9. After commissioning of the software and / or systems and / or services provided by the Provider the Client shall bear the responsibility for these.
4.10. If the Client deliberately causes harm to the software, servers or products from third-parties or any other resource related to the Provider then the Client will be liable for sustained damages.
4.11. Provider shall not be liable for any loss or damage caused by force majeure or delay in the delivery of the software, or in the implementation of agreed services.
5.1 If The Clients' bandwidth use exceeds his account quota as stated in the account description, The Client will be liable to pay for bandwidth usage above his quota at the rate of 1.60 EURO per 100 MegaBytes block (1MB is 1024 KiloBytes). Payment of this fee would be due within 30 days from the date we notify the client either by order system or sales dialog.
5.2 In the event that the fees incurred as a result of The Clients' account exceeding its bandwidth quota, amount to more than double the allowed quota, we reserve the right to suspend The Clients' account until payment of the fees is reived.
5.3 If The Client fails to pay the fees incurred as a result of The Clients' account exceeding its' bandwidth quota after 30 days, we reserve the right to terminate The Clients' account.
5.4 If The Clients' diskspace use exceeds his account quota as stated in the account description, The Client will be liable to pay for diskspace usage above his quota at the rate of 0,45 EURO per 1 MegaBytes per month. Payment of this fee would be due within 30 days from the date we notice the client. However we may at our disgression allow The Client to pay the amount in his next months bill, but by doing so we do not waive any of our rights under this agreement.
5.5 In the event that the fees incurred as a result of The Clients' account exceeding its' diskspace quota, amount to more than double the allowed quota we reserve the right to suspend The Clients' account until payment of the fees is received.
5.6 If The Client fails to pay the fees incurred as a result of The Clients' account exceeding its' bandwidth quota after 30 days, we reserve the right to terminate The Clients' account.
5.7 If The Client purchases any extra products or services from us, after ordering an account from us, such extra products or services are considered part of the account, and this agreement fully applies to them. Such products and services will be charged for at the rates advertised to The Client by us.
6.1 Any personal information provided to us by The Client, will be used solely for the purposes of managing The Clients account, and for procuring any products or services ordered by The Client. We will not distribute The Clients personal information, land address or email address to any other company without The Clients' permission. We will take all reasonable measures to prevent The Clients data from being obtained from us by a third party.
6.2 We will not use The Clients' email address or land address in any bulk mailings, unless The Client has requested to receive these mailings. We make two exceptions to this, which are that we may send emails and/or letters to The Client in connection with the administration and billing of The Clients account, and secondly, that we may from time to time send out emails or letters to The Client in regard to system downtime, disruption to service, or any other matter which we feel is sufficiently urgent.
6.3 If a law enforcement authority requests that we provide them with any information pertaining to The Client, and has jurisdiction and warrant to do so, we will provide them with the information they request.
7.1 All domains are subject to the terms and conditions as given by the top registrar of that domain type, either it beeing a Global TLD or an Country Code TLD. Links to the domain registration agreements can be found on this webpage: http://www.dnrpanel.com/index.php?content=conditions
7.2 If a domain registration is cancelled by the domain registration authority responsible for administrating domains of that type, we will not pay any refund for such a cancelled domain, and we will not in those circumstances be able to assist in any way. We are not responsible in any way for the cancellation, it is a matter between The Client and the domain registration authority.
7.3 We will not transfer a domain to another isp, or change the nameservers or domain forwarding, or other domain registration information unless we have received full payment for the domain.
7.4 The domain will remain the property of The Host until it is paid for in full, at which time ownership of the domain passes to The Client.
7.5 Although we use the term 'ownership of the domain', the domain registration authorities alone own domains, everyone else is effectively leasing the domains from them.
7.6 Domains can be transferred to us, or transferred away from us at no charge, subject to provision 7.3, with the exception of several domains wich shall be stated during your order process.. We will make any requested changes to the registered details of domains, of the gTLD .com .net and.org, we are administrating for The Client at no charge, also subject to provision 7.3, with the exception of several domains wich shall be stated during your order process..
7.7 We may provide a domain control panel to The Client, this control panel is considered part of 'the account' and is subject to the provisions laid out in this agreement. By logging in to the control panel, The Client agrees to be bound by the provisions laid out in this agreement.
7.8 Thirty days before a domain is due for renewal, we will send The Client a renewal reminder and request for renewal payment by email. If The Client does not respond to this within two weeks, we will attempt to contact The Client by any other means such as telephone or letter. If we still are unable to contact The Client, or are unable to recover the renewal payment, we will allow registration of the domain to lapse, and the domain will become unregistered and available for registration to the general public.
7.9 We expect The Client to inform us of any change in email address, land address, name, company name, and any other information which is held as the registered details of a domain. If we do not hold the correct information due to The Clients' failure to supply it to us, we cannot be held responsible for being unable to send a renewal reminder to The Client, or for being unable to renew the domain.
8.1 We expect The Client to supply us with his correct contact information. This information includes real name, land address, email address.
8.2 The specifications of our products and services may vary from time to time. We will endeavor to keep our website up to date with product information and descriptions. If we supply a product or service to The Client which varies significantly from the advertised product or service, The Client is entitled to a refund.
8.3 Our prices may vary from time to time. The prices on our website will always be correct and up to date, any product or service ordered from our website will be charged at the price advertised on our website at the time of the order. Any product ordered by telephone or mail will be charged at the price listed on that months printed pricelist. The prices in our printed pricelists are valid for 30 days.
8.4 We may at any time vary the terms and conditions set out in this agreement. The amended terms and conditions would be effective on existing accounts 30 days from the date that we notify The Client of the amended terms. If The Client is dissatisfied with the amended terms and conditions, he has the option to terminate his account and this agreement. In that case, we would refund any fees already paid in respect of the remaining period of the contract.
9.1 We provide a warranty that any products or services we provide to The Client are as described on our website and promotional literature, that they will function in the manner described, and that they will continue to operate for the amount of time stated.
9.2 If any product or service subject we provide fails provision 9.1, The Client is entitled to a replacement, or if that is not possible or practicable, a full refund excepting failure and cancelation by the side of the domain registration authority (provision 7.2).
10 If any provision of this agreement is held to be invalid or unenforcable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
11 This agreement shall be governed by and construed in accordance with the laws of The Netherlands and the parties submit to the exclusive jurisdiction of the Dutch.