Icehosts terms and conditions

Financial
Unless otherwise stated, payment for our products and services is required in advance of service or product activation. Once an order has been received, either by phone, fax, email or via our online order page, all fees become due. Once a domain has been registered on your behalf it is not possible for us to remove or delete the domain, so we therefore cannot offer refunds for unwanted domains. You will be informed when renewal fees become due and expected to pay the amount stated within 28 days of notification. If full payment is not received within this period your service or services may be suspended or cancelled at our sole discretion.

If you decide to sell or transfer ownership of a domain, please note there may be a charge levied by our providing registrars for changing the owner's name/address details, you will be liable for this charge plus a nominal administration fee.

We reserve the right to apply a debt recovery charge not exceeding £100 and the amount outstanding plus 1% interest per months delay for late or non-payment of an account. We also reserve the right to take legal action to recover any debts.

Registration
Although, having received your order, we will attempt to register your domain name as soon as possible, it is possible for domain names to appear to be available when placing an order but in reality to have already been registered by someone else. The reason for this is because there is a time delay in the whois database being updated after registration occurs and it is possible a third party could register the requested domain during this period prior to us being able to register it on your behalf. We suggest that you should check that you have the domain(s) (via whois link(s) on our website) and checking service availability before publicising the name in any way. We will not be held responsible for additional costs incurred in connection with this or any other registration action not directly under our control.

Please note that when registering a domain name for your website and or email service, you must have the right to use the particular name you requested and by the act of applying to registering it you are confirming that you do have that right.

As part of the domain and service registration process, as the registrant you are required to provide specific information and to update this information to ensure it is kept current, complete and accurate.

The required registrant information includes:
(i) In the case of an individual we require your full name, postal address, voice telephone number, fax number (if applicable) and current e-mail address.
(ii) In the case of an organization, corporation, association, partnership or group we require the name and details (as per (i) above) of an authorized person for contact purposes.

You, as the registrant, acknowledge that providing inaccurate registration information or failing to update this information promptly will constitute a material breach of this agreement and will be a basis for immediate cancellation of your service and domain name.

You acknowledge that we will make publicly available some of the information that you provide during the registration process as required by ICANN. You acknowledge that ICANN may impose guidelines, limits and/or requirements that relate to the information that we may or must make available to the public or to private entities. Other than these restrictions we will not disclose your information to third parties unless it is required to maintain or register your domain name; we are not responsible for how these third parties maintain or disseminate the information you supply to us.

Servers

Transmission, storage, or presentation of any information, data or material in violation of any Federal, Provincial or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless AMS from any claims resulting from the use of the service which damages the subscriber and any other party.

Also prohibited are sites that promote any illegal activity or present content that may be damaging our servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links: Pirated software hacker programs or archives, warez sites, any Site that consumes more then 10% of system resources for a long period of time.

Also prohibited are web sites who's sole purpose is for data storage or file sharing purposes ( Dump Sites ). FTP accounts setup for file sharing or backup purposes without data related to the hosted website is also prohibited.

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill £1.00 GBP for each gig of traffic exceeded.

Spamming, or sending of unsolicited e-mail, from any of our servers or using an e-mail address or domain that is maintained on our server machine as reference is Strictly prohibited. Icehosts.co.uk will be the sole arbiter as to what constitutes a violation of this provision.

We do not install or allow any programs required to run through root access on the servers. Most scripts can be run through the users own account and does not require root access. If at any time you are trying to install programs that require root access to any machine then you will need to upgrade to a vps or dedicated server.

We currently do not allow IRC or IRC BOTS to be operated on our servers. We block all ports for IRC through our machines.

Any attempt to undermine or cause harm to a server or customer of icehosts.co.uk is strictly prohibited. Leeching causes overloading and rapidly damages hard drives and negatively affects other clients on the server. Sites that are dedicated to file distribution ( eg. file sharing programs ) are also not permitted. Any web site found to contain any of the these violations will be flagged and content will be removed from servers without notice.

Any site who is found to intentionally overload system resources ( Eg. Filling up Hard drive space or maximizing CPU Usage ) without a real purpose other then to overload system resources will also be terminated and deleted without notice. Furthermore, due to the nature of shared environments any account to be consuming more then 10% of resources for a prolonged period of time may be deactivated without notice to prevent interuption of service to other users. Such accounts may require fully dedicated services and cannot continue on a shared environment. Icehosts will handle such incidents on a case by case basis.

Due to overload on the servers we have changed the backup policy. Any site that is over 1GB of data we will not backup. This has been done in the past however compressing the files, copy and extract took too much CPU resources thus crashed the server and caused problems for everyone. Anything under 1GB will be backed up as usual every 3 - 5 days. We also suggest that you backup your site as often as you see fit just in case there is some sort of corruption in our backup servers and we cannot retrieve the information properly. Icehosts.co.uk will not be responsible for any loss data.

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Icehosts.co.uk shall not be responsible for any claimed damages, including incidental or consequential damages, which may arise from Icehosts.co.uk servers going off-line or being unavailable for any reason whatsoever. Furthermore, Icehosts.co.uk shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from any corruption or deletion of any web site from one of our servers. All damages shall be limited to the immediate termination of service.

Violations of these acceptable user Policies should be referred to Icehosts.co.uk. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Icehosts.co.uk cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Thus, certain equipment, routing, software, and programming used by Icehosts.co.uk are not directly owned and written by Icehosts.co.uk. Moreover, Icehosts.co.uk holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Icehosts.co.uk sees fit.

Service
You are responsible for any data material stored on our servers, our third party provider servers or accessed via our service. We shall not be held responsible for any loss, however caused, of this data material.

As part of the registration process you are required to keep us informed of your up to date contact details by email. You acknowledge that we may use these addresses to contact you by post or email from time to time, however these addresses will not be supplied to any other companies, unless required in order to register or maintain a domain name or respond to a complaint in breach of this agreement.

In respect to access to any of our services you agree to keep your security details (including any username/s and password/s) secret and not to disclose this information to any third party. You will notify us and arrange to change any password you believe has been compromised.

All email services we provide are specifically intended to allow you to provide a professional branded presence on the web, they are explicitly not to be used to provide a general purpose email service like hotmail or bulk mail marketing. In respect to use of the email services you must not promote the products or services we supply, or your own sites hosted on or forwarded to by our servers, using methods such as bulk emailing or multiple news group postings, or posting to newsgroups whose guidelines specifically excludes any form of advertising. You may not use the webspace provided to disseminate large files, such as mpeg, mp3, wav, samples etc.

You are required to adhere to these terms and conditions or any Acceptable Use Policies (AUP) as and when these are published by us, we are also subject to change these terms and conditions at our sole discretion, and by continuing use of our service, you agree to these updated or modified terms and conditions. If you breach these terms or those of our AUP we reserve the right to terminate your account with us at our sole discretion without notice or refund.

You must not use our servers to send Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE)

Please note that although we may specify a service as "unlimited" in the specifications or features for our products or services, this means that we do not explicitly impose any limit; however, there may be practical limits on the usage of these.

We are not responsible for any use you make of our services. In addition you agree to indemnify us against any of the effects of your use or misuse of our services, or claims resulting from that use or misuse.

We shall take reasonable measures to endeavour to maintain our services, but you will not be eligible for any compensation because of any loss or unavailability of any service we provide. We reserve the right to modify any service at any time.

We shall not be held responsible for any loss, however caused, resulting from any suspension or unavailability of any product or service.

You may cancel your service at any time, but you must give us at least 14 days notice in writing of your intention to cancel. No fees for unused months of a service provided by us are refundable.

We reserve the right to suspend or terminate any account or service at any time at our sole discretion.

Special terms
You may not use our internet services to promote, distribute or advertise:
Pornography or other obscene material.
Human killing (SNUFF)
Animal cruelty
Racist or other offensive, menacing or illegal material.
Firearms and other weapons or instructions for construction of such weapons.
Material which breaches a third parties intellectual property rights (IPR) including © copyright or other trade secrets.
SPAM email, including bulk email software and lists of email addresses, except where all of the addressees have given their express permission.
Other illegal activities and activities deemed to be in breach of the Data Protection Act.

We reserve the right to request evidence of permission to publish © copyright, any other material or to send email(s) and, if a suitable response is not promptly forthcoming, we may terminate your service at our sole discretion.

You may not use our internet services to abuse, gain unauthorised access or deny service to other Internet users. This includes, but is not limited to, ICMP (multiple ping, setting false route/s etc) attacks on routers or servers, mailbombing, targeted SPAM and sending abusive email.

It is our policy not to register, host or advertise domain names which in themselves could be deemed offensive to others.

Third party terms
In addition to our terms and conditions as set out above:

You agree to adhere to any third party Acceptable Use Policies (AUP) which are relevant to your solution, product, domain or service provided via or by us.

You also agree to be bound by the terms and conditions of the registries used to secure your domain name, specifically but not exclusively:

For .uk domains, please refer to Nominet UK terms and conditions.
For .com/net/org/biz/info domains, please refer to INWW terms and conditions.
For .xx.com/.xx.net CentralNic second level domains, please refer to CentralNic terms and conditions.
You further agree that any dispute arising from your domain registration will be bound by the appropriate dispute resolution policy, specifically:

For .uk domains, please refer to Nominet Dispute Resolution Service
For .com/net/org/biz/info domains, click here: ICANN Uniform Domain-Name Dispute-Resolution Policy.
In addition, you agree to indemnify us for all costs resulting from any such dispute.