CDJHosting Web Hosting Agreement
Terms & Conditions and Terms of Service (last amended 29th march 2010)
This agreement is between CDJHosting hereinafter referred to as "Host", and the on-line individual or entity who is applying for Internet-related Services, hereinafter referred to as "Client". Client agrees to an on-line, paperless subscription service, which will be automatically charged on a recurring basis until the service is explicitly cancelled by either Client or Host. Client acknowledges that all information provided by Client is true and correct to the best of Client's knowledge. Client agrees that the act of submitting an online application form constitutes acceptance of all terms and conditions associated with the services applied for and that the act of online submission shall be in lieu of written signature.
General
Authorisation.
Client will use Host's services in a manner consistent with all applicable local, state, and federal regulations and laws. Client agrees to pay and authorizes Host to charge all fees due using the payment information provided by Client at the time of application. Client agrees to keep All information held on Hosts server Correct and Current.
Disclaimer
Host will not be responsible for any damages suffered by Client. Host'S service is provided on an "as is, as available" basis. Host gives no warranty, expressed or implied, for the Host's services, including without limitation, any warranty of merchantability or warranty of 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. Any damages incurred by Client due to disruption of service by Host or its Hosts shall be expressly limited to the fees paid by Client to Host for services and shall under no circumstances include reimbursement for losses of income or other consequential damages claimed by Client.
Indemnification
Client agrees that it shall defend, indemnify, save and hold Host harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's 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. Client agrees to defend, indemnify and hold Host harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with a Host server; (2) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.
Host expects that its Clients will fully comply with all applicable laws. A clients failure to comply with those laws will violate this policy. Finally, Host wishes to emphasize that in accepting services, Clients 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, among other things, 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 attorneys' fees.
Client Responsibilities
Effective use of Host's services presumes a certain degree of knowledge and skill on the part of the Client. For example, it is presumed that Client possesses at least a rudimentary knowledge of Internet-related processes and software applications such as e-mail, FTP, Telnet, and web-browsing. Creating and publishing a web site on Host's servers will require some knowledge of either HTML programming or the use of HTML editors, such as Microsoft FrontPage. Certain advanced applications may require a certain level of competence with CGI/Perl programming applications. In lieu of already-established knowledge and skill levels, patience, a desire and ability to learn, and perhaps a little courage will be required. Host will not be held responsible for Client's inability to use Host's services due to Client's lack of the requisite knowledge and skills.
Domain Name Registration
Domain name registration is a separate and independent service from hosting.
Client accepts sole responsibility for monitoring and maintaining the status of Client's domain name registrations, as well as payment of all applicable domain name registration and renewal fees. Host does not monitor the registration status of domain names hosted on Host's servers. Host's services are independent of account usage and domain name records, and remain in effect (and billable) regardless of the status of Client's domain name record.
Host will provide reasonable assistance to Client in the area of domain name registration and modification. Reasonable assistance may include submission of registration or modification requests to appropriate domain name registration agencies and/or supplying Client with the necessary information to effect registration or modification of Client domain. Host will not, under any circumstances, make changes to any part of a domain name record except nameserver and technical contact information relating to the pointing of Client domain name to Host's servers.
Free Domain Name Registration
Host will offer a free domain name on selected hosting package terms. Free domain names remain the property of Host until Client has maintained an active account for 180 days. After 180 Days Client can formally request the transfer of the respective free domain name into Clients own domain account within our registrars company. Transfer of Domain name and/or namesevers shall not be changeable before 180 days. Closing of client account before 180 days shall relinquish any entitlement to ownership of the free domain in question and Host will decide at its descretion whether Host will maintain the free domain. Client is not requires to use a free domain name from Host and can opt out of doing so by choosing to use another already domain name Client had previously registered or a domain name they will Register from another provider during the account ordering process. Free domain registration is solely available for new hosting terms and cannot be ordered after Host accepts Clients order for hosting. Free domain names are not available to upgrades/downgrades or an existing package.
Possessory Lien
Host maintains a possessory lien on Client's domain name and files from the date that any associated fees are unpaid and due, including late fees or other charges, and for expenses reasonably incurred in collection of those fees. In the event of the exercise of this lien, release of Client's domain name and/or files shall be at the sole discretion of Host.
Notifications
Host relies on e-mail as the primary means of notifying Clients of important system news, problems with Clients' accounts or usage of those accounts, billing problems, etc. Any notifications will be e-mailed to Client domain's primary e-mail address and/or to the contact e-mail address provided by Client upon application for services. Client agrees to monitor these e-mail addresses on a regular basis and to respond promptly, if required, to any notifications. Client agrees to notify Host of any changes to Client's physical or e-mail address, telephone numbers, etc.
Policy Changes
These policies may change with or without notice. Client agrees to comply with these policies in their current and future state. Client agrees to periodically review published policies to ensure understanding of and compliance with current policies.
Refusal Of Service
Host reserves the right to refuse or cancel service at Host's sole discretion, with or without reason, with or without warning.
Acceptance of Terms
Client expressly understands, acknowledges, and agrees that in submitting an application and paying for any and all services to be rendered by Host, Client shall abide by all Terms and Conditions stated herein.
Jurisdiction
Client agrees to submit to the jurisdiction of the applicable municipal, county, state or federal court of Host's physical residence for any litigation, mediation, or arbitration which may arise from any dispute concerning any of the provisions herein. Controlling law shall be that of the State of Host's residence. The prevailing party in any litigation hereunder shall be entitled to recover its reasonable attorney's fees and court costs.
Acceptable Use Policies
User-Supplied Content.
All services may be used for lawful purposes only. Through Host's Service, Client may have access to chat areas, bulletin boards, web pages, email, or other services that enable Client to send or post materials ("content") and make that content available to others. Client must not submit, publish, or display on the Network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, Client may not submit, publish, or display any content that violates any US Federal, State, or Local law. Client is solely responsible for the content made accessible through the Network. Client may not use the Service to assist any other person or entity to violate any Federal, State, or Local laws, ordinances, or regulations.
Host is not obligated to monitor the network to examine available content. Client hereby acknowledges that if Host is made aware of content that is determined to be, in Host's sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, Host has the right, but not the obligation, to edit, remove or deny access to such content. Host may disclose any content or records concerning Client's account as required to satisfy any law, regulation, governmental request or court order.
Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Host's servers or any other server on the Internet. Links to such materials are also prohibited. In addition, any site selling or promoting bulk e-mail service is not allowed.
Examples Of Prohibited Services
The following content and activities may not be displayed or promoted by Client nor associated in any way with Client's account or Host's services. Host shall be the sole arbiter as to what constitutes violation of this provision.
Copyright Infringement
It is Host's policy to respond to notices of alleged infringement that comply with the UK Copyright Laws and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access to comply with the UK Copyright Laws, we will make a good-faith attempt to contact the owner or administrator of each affected site so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act.
Use of copyright material known or otherwise on Host service is prohibited with the exception where Client has provided written evidence that client has permission to use the material
The use of the website coding named as wapdesire is strictly prohibited and no permission of usage will be permitted. Host explicitly denies all rights to usage if the forenamed website coding on any of hosts services
Network Security
Client may not use Host's Network in 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 Client, logging into a server or account the Client is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Client 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.
Cgi/Perl Applications
Some accounts come with CGI/Perl enabled. Client is free to use any CGI script desired; however Host reserves the right to disable any CGI script that adversely affects normal server performance or network integrity. CGI-script sharing with domains not hosted by Host is not allowed
Cron Access
Some accounts come with Cron enabled, Client is free to use this feature, Host does restrict this usage to a maximum of TWO Cron jobs per day per domain to be run between the hours of 1AM and 8AM GMT, Exceeding this is considered abuse and may result in the feature being disabled at Host's discretion In severe cases as decided at Host's discretion Host reserves the right to terminate the offending Client account(s) without notice.
Background Running Applications
Background daemons are prohibited. Should you be in ANY doubt about a program that you intend to run contact Host BEFORE installing.
Server Resources
Any web site that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.
Internet Relay Chat (IRC).
IRC, IRC Bots, BNC, or MUDs may not be operated on Host's servers.
UNSOLICITED E-MAIL (SPAM)
Host's servers may not be the source, intermediary, or destination address involved in the transmission of unsolicited bulk e-mail (UBE), unsolicited commercial e-mail (UCE), spam, off-topic newsgroup posts, flames, or mail bombs. Client's domain may not be referenced or traceable in any way as a result of 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 Host's network or equipment. Host reserves the right to refuse and/or cancel service to known spammers. Host reserves the sole right to determine what constitutes violation of this provision.
SPAM is any unsolicited e-mail, post, or facsimile in the newsgroup, e-mail, fax, or other electronic medium. Any unsolicited commercial email (no matter how relevant or important it may be) is spam; any unsolicited bulk email (commercial or not) is also spam. Mass and unsolicited are not concurrent conditions for spam. One and/or the other is sufficient. In the medium of newsgroups, spam is considered to be any off-topic posting and/or any identical posting to multiple newsgroups. 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 e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
Any spam complaints received about Client domains are addressed seriously. After investigation, if it is deemed by Host that spamming practices have indeed been utilized on Host's servers, Host reserves the right to terminate a domain account immediately with no refund and to assess a £250 penalty per spam incident. Client expressly accepts Host's right to assess this penalty and agrees to its assessment and payment.
SERVER ABUSE.
Any attempts to undermine or cause harm to any server is strictly prohibited. This includes, but is not limited to attempting to gain access to password files other than your own, attempting to gain unauthorized access to other accounts on your server, or anything that causes server malfunction. Failure to comply is subject to immediate account deactivation without refund.
Please note that while CGI/PERL scripts and/or mSQL/mySQL code can unintentionally cause server malfunction, Host will make the final determination if the code was maliciously programmed. If the code was programmed incorrectly but not out of apparently malicious intent, Host will disable the program, but not cancel Client's account.
TRAFFIC OVERAGES.
Host will make every reasonable effort to notify Client of projected traffic overages prior to any action being taken to disable Client's account. However, Host reserves the right to disable Client's account without prior warning due to traffic in excess of the account allocation. In some cases, "unusual" traffic patterns will cause an automatic disablement of Client's account without warning.
Bandwidth usage is calculated daily around midnight. A monthly projection is calculated at that time based upon month-to-date actual usage. If the projection exceeds the account allocation, an e-mail warning is sent to the Client. If actual bandwidth usage exceeds the allocation, the account is automatically disabled; the Client is notified via e-mail of the disablement, and is given the option of purchasing additional bandwidth to re-enable the account. Client is not automatically charged for excess bandwidth usage without agreeing to the charges in advance. However, payment for excess bandwidth usage will be required before the account can be re-enabled.
TECHNICAL SUPPORT.
While Host will make every reasonable effort to help Clients with all of their questions, there are some times when Host must either refer Client to the manual, or confess an inability to help. It is impossible for Host to support all of the countless 3rd party programs and configurations that are available to web developers and users today.
In general, technical support is limited to server-side issues such as: Password changes, server failure, general account feature usage questions, e-mail issues, Frontpage server extension issues, web-based control panel questions, etc.
Technical support is not provided for domain name registration issues (unless domain name registration is provided by Host), CGI scripts - pre installed or 3rd party, web page development or programming, ISP problems, 3rd party software -- including FrontPage and other HTML Editors, mySQL database, Miva Merchant or Miva Order (support for these applications are provided by Miva Corporation directly), etc.
Reselling Web Space
Client may subdivide and give away or resell for profit web space and other services on Client's account to other users. Client's Clients must adhere to these policies and guidelines, too. Any infraction from Client domain, regardless of the source, shall be treated as a violation by the Client. If an infraction is serious enough (server tampering, spam, etc.), Client account can and will be cancelled without refund, without warning.
Monitoring Resold Server Space It is up to the Client as a reseller to monitor resold web space or provide facility for Cpanel access to Client Clients. Host cannot apply server space restrictions to any directory on Client Clients service.
Client Clients will not contact Host for ANY support, Client Clients First and only point of support is With Client.
CANCELLATION POLICY
Client bears all responsibility for ensuring effective cancellation of Client account. This responsibility includes providing effective and authenticated notification to Host of Client's desire to cancel an account. This responsibility shall not be waived or modified by Host or Client in any way at any time subsequent to the submission by Client of an application for Host account. Host will act immediately to implement Client's cancellation notice, providing the terms of this cancellation policy have been followed.
Client must provide effective notice of cancellation at least 24 hours prior to the payment due date in order to avoid charges for future hosting periods. All service charges will cease immediately upon Host's receipt of notice of service cancellation. No refunds shall be provided for unused services of the current period after the first 7 days of the current period,
Accounts may be cancelled by completing the online cancellation request. Telephone and e-mail cancellation requests are not accepted. To protect Client against bogus or malicious account cancellation, cancellation requests must be authenticated Host will ask for 2 pieces of information that Host can reasonably assume Client should already know.
All cancellation requests are processed and confirmed via email by Host within 24 hours of receipt of the cancellation request. Client may request for cancellation to take effect at the end of the currently paid period OR immediately in any case no refund for the current period will be issued. Any complete months remaining in credit shall be refunded minus any fees that are due and covered under other terms in this agreement.. At the time of cancellation, all services related to the account will be terminated, and all files remaining on the account will be permanently deleted from Host's servers.
If Client does not receive confirmation of cancellation, cancellation can not be assumed to have been effected. It is Client's responsibility to ensure that a cancellation confirmation is forthcoming from Host. The purpose of requiring confirmation of cancellation is to protect both Client and Host from inaccurate claims of cancellation and notification.
If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations.
If Client is taking advantage of Host's free domain registration and renewal offer, and the account has not met the minimum commitment or other requirements provided under the terms and conditions of that offer, Client will be automatically charged all applicable domain registration fees at the time of cancellation.
Host does not monitor account usage or the status of domain name records on Host's servers. If Client transfers Client domain without notifying Host of a desire to cancel the account, or if Client allows domain registration to expire without renewal, Client will continue to be charged/billed, even if Host learns that Client domain has been transferred or expired. Host's services are independent of account usage and domain name records, and remain in effect regardless of the status of Client's domain name record. Domain names that have been suspended will be charged an administration fee of £25.00 in addition to the renewal fee for that domain. Client accepts that domain names that have expired the suspension period will be removed from client account and become available to register to anybody.
SECURITY
Host implements the latest technology for providing a secure and encrypted environment for information protection. There is no guarantee that the information on the Internet is absolutely secure and may never be destroyed. Client agrees to indemnify and hold Host harmless in case of information loss or loss of privacy.
Host is not responsible for any damages arising from Client's use of or by Client's inability to use the server, web hosting packages, or any other services for any reason.
Host is not liable for and does not guarantee the protection or privacy of electronic mail or information transferred through the Internet or any other public network.
BACKUPS AND RESTORAL
As a courtesy, Host maintains a backup service on most shared hosting accounts. Client can request a backup-restoral of files for a one-time charge of £10.00. Host makes a good faith effort to ensure that backups are complete and accurate; however there is no guarantee of data availability or integrity. Host is not responsible for Client's files. Client is solely responsible for their independent backup of data stored on Host's server and network. In some cases, backups may not be available for requested accounts or files in such cases the Client will be advised of this on requesting backup resotration. Clients are strongly advised to periodically and frequently backup data to their own local computer. Client will be informed as to what date the most recent back up was completed and will be required to Complete the relevent form and make payment before backup restoral can commence.
OWNERSHIP
Host maintains control and ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
Client shall keep the rights of ownership and use of Client's domain name registration and files even if Client changes Hosts, with the following exception: Host maintains a possessory lien on Client's domain name and files from the date that associated fees are unpaid and due, including late fees or other charges, and for expenses reasonably incurred in collection of those fees. In the event of the exercise of this lien, release of Client's domain name and/or files shall be at the sole discretion of Host.
In case of disputes regarding authority over domain names, Host will follow industry standard practice of giving ultimate authority to the domain name registrant.
Host maintains control and ownership of any copyright, proprietary and/or licensed software, scripts, programs, images, or other electronic data or media installed and/or provided by Host.
AUTOMATIC CREDIT CARD OR ACH PAYMENTS
Accounts that pay by credit card or electronic bank draft (ACH) are automatically billed 7 - 14 days prior to the beginning of each new hosting period. In the event that credit card payments are declined by the issuing financial institution, Host will make every reasonable effort to contact Client by e-mail to request another form of payment. If Host does not receive a response to this notice, Client's account will be considered past due and subject to account suspension and/or cancellation as described in the PAST DUE ACCOUNTS section below.
Notifications will be sent via e-mail to the primary e-mail account of the hosted account and/or to the account contact e-mail address as provided at the time of application. Client agrees to notify Host of any changes to Client's physical and e-mail addresses, telephone numbers, credit card numbers, and credit card expiration dates.
CREDIT CARD EXPIRATION
Client agrees to provide updated payment information upon the expiration of the credit card on file for the account. Host will notify Client by e-mail when a recurring charge is declined due to an expired credit card. If no response is received, Host will adjust the expiration date to some future period and attempt the charge again. If the charge continues to fail, the account will be subject to suspension and/or cancellation, as described in the PAST DUE ACCOUNTS section below.
MAIL-IN CHECK PAYMENTS
Mail-in cheque payments are discouraged; automatic, recurring credit payments are the preferred method of billing. Invoicing and cheque payment options may be granted to Client at Host's sole discretion. Additional fees may apply and/or available discounts may be revoked or reduced. Host also reserves the right to establish minimum invoice amounts and/or frequencies.
Invoices will be e-mailed to the primary contact e-mail address for the account. Client agrees to notify Host of any changes to Client's physical and e-mail addresses to ensure proper receipt of invoices and other correspondence.
Mail-in cheque payments are due 30 days prior to the start of the hosting period for which the invoice has been issued. Past due accounts will be subject to account suspension and/or cancellation, as described in the PAST DUE ACCOUNTS section below.
All cheques should be made payable to CDJ HOSTING, and mailed to:
CDJ Hosting
25a West Road
Lancaster
Lancashire
United Kingdom
LA1 5PE
Returned Cheques & Chargebacks
Client agrees to pay a £38 fee for EACH returned cheque or Chargeback. Hosting payments plus any returned cheque/Chargeback fee must be received by Host prior to expiration of the current hosting period to avoid account suspension or cancellation. Host will not accept cheque payments from any Client with two instances of returned cheques.
Overdue Accounts
Host will issue invoices at least 7 days before the date regular payment is due. If payment is not received by the due date, Host will send at least 1 notification via e-mail to Client's primary contact e-mail address. If Client does not respond to that notification, the following actions will be taken:
Host may choose at its own discretion to waive any or all late payments or administration fees if the Client contacts the host Prior to any fees being applied. At the time Fees are applied there will be no consideration of a waiver of these fees.
Intentional Client Revocation Of Payment
If Client mistakenly initiates a credit/debit card chargeback, cheque stop-payment, or any other form of payment revocation, Client agrees to pay a £75.00 processing fee in addition to the original payment.
The intentional issuance of credit/debit card chargeback, cheque stop-payments, or any other attempt by Client to revoke a payment or payments with the intention of circumventing any section of this agreement shall constitute criminal fraud. In such a case, Client shall be subject to criminal penalties as well as civil penalties equal to the greater of 1) three-times actual damages, or 2) £500.
In addition to the aforementioned monetary damages, Client agrees to pay Host's attorney's fees, court costs, and all other direct and incidental costs arising out of Host's efforts to enforce this clause.
Waiver / Modification of Agreement
Host reserves the right to waive the enforcement of this agreement should Host deem that the cost of enforcing this agreement is considerably more than the amount reasonably expected to receive.
Host reserves the right to modify this agreement at any time without notice, We will however try to inform you of any changes to this agreement 30 days before changes take place. Should you not agree to any new or modified terms to have the right to terminate your agreement before the changes take effect.
Refund Policy
We will refund any credit that is due to you upon account termination into a PayPal account or by recorded delivery in form of a cheque. Where host can provide sufficient evidence that client has not complied with the terms of this agreement client shall forfeit all refunds and all rights under this agreement, The host will have the final say as to how we pay any due refund.
Acceptance of this agreement
By requesting any service from host you are declaring that you have read, understand and accept this agreement entirely and agree to comply with all terms held within it from the time you request your account to the time that your account to the time that your account is terminated at your request with all due fees paid.
END AGREEMENT