Terms and Conditions

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Terms and Conditions

These terms and conditions form the basis of your contract with CJ Website Hosting so please read them carefully.

Contents

Who this affects

If you order services from CJ Website Hosting or any of its brands you are bound by these terms and conditions. If you are reselling our services then these terms and conditions also apply to your customers so you should make them aware of them.

How to agree to these terms and conditons by the customer

During the ordering process you were asked to read and agree to these terms and conditions. By submitting your order to CJ Website Hosting or its associated brands, you signify your agreement to them.

If you do not agree to these Terms

Then please don't submit an order.

Why we need terms and conditions

CJ Website Hosting provides services to many customers. We have a responsibility to protect our services from the adverse effects of other peoples activites. We also have a responsibility to ensure that our customers web sites and email services are available for them to use. This means that we need to limit customers activities to those which are compatible with running a reliable and safe service.

The following terms and conditions were designed to ensure these obligations are met.

Arbitration

CJ Website Hosting will be the sole arbiter as to what constitutes a violation of the provisions described in this document.

Delivery & Refunds

Delivery of your hosting is instant, using an automated account-setup process. We manually check accounts within 24 hours of creation and reserve the right to suspend those that fail to comply with our terms and conditions.

We offer a 21 day refund policy on our hosting packages.

Please Note: Domain Registries (such as ICANN, InterNIC and Nominet) do not offer refunds on domain name registrations. Once a domain name is registered, the respective domain registry WHOIS database stores the information and is kept there until the date of renewal.

Refund requests should be sent via this form when logged in or via post at the address below;

CJ Website Hosting's registered trading address is; CJ Website Hosting, 6 Sedgefield Green, Derby, DE3 0TH, United Kingdom.

Length of contract

Your contract runs for 12 months from the date you first ordered. Details of how to cancel the contract can be found below.

Server abuse

Any attempt to undermine or cause harm to a server, or customer, of CJ Website Hosting is strictly prohibited. Offenders will be prosecuted to the fullest extent of the law.

The content of your web site

All services provided by CJ Website Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom, or any International laws is prohibited.

The following list is not exhaustive, but it will indicate the sort of material you are not permitted to host:

  • Copyright material.
  • MP3 files containing copyright music, unless you created the music yourself and own the copyright.
  • Material we judge to be threatening or obscene.
  • Material protected by trade secret and other statute.
  • Pornography and sex-related merchandising, including sites that links to such content.
  • Pirated software, also known as warez.
  • Hacker programs or archives, including sites that links to such content.
  • Hate propaganda.
  • Products designed to defraud others, e.g. satellite hacking equipment.
  • Promotion of illegal activities.
  • Content that may be damaging to our servers or any other server on the internet.
  • Web sites promoted by spam or involved in spamming or selling spam related software or bulk email lists.
  • IRC or IRC bots.
  • If you are unsure whether or not your site falls into these categories feel free to contact us with a description before you sign up for an account or publish material as an existing customer.

The content of your emails

Spam is "Unsolicited junk e-mail sent to large numbers of people to promote products or services".

We have a zero tollerance policy towards spam and we monitor our mail servers to ensure they are not being used for spamming. If we allowed customers to spam then our mail servers would be blacklisted and none of our customers would be able to send and receive mail reliably. It is in all customers interests that we stop spam.

We do not permit:

  • The sending of spam through our servers.
  • Sending out spam through another providers mail server which includes links to web pages or email addresses hosted on our servers.
  • Web sites promoted by spam or involved in spamming or selling spam related software or bulk email lists.

As delegated by our upstream providers, any sites using spam or selling of spam related software or bulk email content will be closed. If you spam, we will see you doing it, your account will be terminated and you will not get a refund. If you run a mailing list all the people you mail must have opted into the list. The list must not have been obtained from a third party.

Your list server must use a system where an email is sent to the user when they sign up and they have to reply or click on a link to confirm their email address. This is known as "double opt in". The mailman program we provide with some hosting packages matches these requirements, as do many other mailing list systems. You must honour all unsubscribe requests within 24 hours. If we receive a spam complaint about your account we will:

  • Suspend your account to prevent any further violations.
  • Contact you to ensure you will not do it again.
  • Either reactivate the account or terminate it.

Protecting server resources

Each server has a limited amount of processing power and memory. We have found most our customers to stay within "reasonable limits", but sometimes people do cause problems for other users by using too many resources.

You may not:

  • Provide hosting for third parties.
  • Link to cgi scripts running on your account from other domains (e.g. banner exchanges).
  • Use more than 10% of system resources on the server.

We do not allow clients to install their own cgi or php chat rooms. These tend to be a large drain on system resources. However, we provide chat systems with hosting accounts which you may use free of charge.

Bulletin boards are permitted, provided they stay within the 10% server usage limit explained above.

We allow you (subject to a suitable hosting package) to run programs to run continually in the background (cron jobs). However, these must not overload the server or affect other users sites.

If you go over any of the limits described above we will suspend your account and contact you to resolve the situation. We may offer an additional charge. If you do not reduce your system usage we will terminate your account to protect other customers.

Specific programs/scripts not permitted:

We do not permit the use of:

  • The webmail part of PHP nuke or any of its derivatives as this allows anyone to send out email and will be abused by spammers.
  • Formmail.pl from Matts Script archive. We have a secure version already installed on our servers, use it instead.
  • Formmail.php. Use the secure formmail.cgi which we have already installed on the server

Telnet / SSH / shell access

CJ Website Hosting provides SSH (secure telnet) access on some accounts on request. SSH access is provided for the purpose of testing scripts and carrying out site maintenace. It is not provided for any other purpose and there is no warranty of any kind should SSH fail to function for off server connections or activities. We reserve the right to withdraw SSH access at any time without notification. Customers are not permitted to run CGI or PHP shell emulation programs.

Bandwidth usage

Each hosting plan we provide has a set amount of bandwidth available per month. We monitor this usage and if your site goes over the limit it will be suspended until the second day of the next month. If you do not wish to wait until the next month you can upgrade your hosting plan to one with more bandwidth. If you are concerned about going over your limit you should check your bandwidth usage in the CPanel in the middle of the month and contact us if you think you will go over.

IP Addresses and DNS delegation

We provide IP address information in your welcome email. This is provided to allow access to the web site and control panel until the domain name has been transferred to our DNS servers. Customers are not permitted to link to their site or address via an IP address based link once the transfer is complete. This is for your own safety as it prevents links becoming out dated if we change your IP address.

All customers must change their domain names' DNS servers to those specified on their welcome email. We do not permit customers to use external DNS management tools because of the likelihood of failure if we change an IP address. If you decide to use an external DNS service then you agree to absolve CJ Website Hosting of all liability should your site fail due to DNS errors or the IP address changing at a later date.

All IP addresses remain the property of CJ Website Hosting or its upstream providers and are provided according to ARIN and RIPE rules and only when required for technical reasons.

DNS modifications

We do not provide DNS management services. If you require changes to DNS records (A, MX etc) we will do our best to carry them out but we cannot provide a warranty that the changes will continue to work in the future.

Billing

Annual Billing: If you pay annually we will not bill your card automatically. We will send a renewal notice to the email address you provided us with when you signed up approximately one month before the renewal date. However, because 40% of our customers do not tell us when they change email addresses and because many ISP's spam filters remove emails which mention web hosting services we cannot guarantee delivery of these emails. We recommend that you make a note in your diary one year from the date you ordered the hosting originally. If we do not receive the renewal payment by the due date then we will suspend the account. If payment is still not received within 7 days we will assume the account is no longer required and delete it.

Account Cancellations

By ordering services from us you agree to abide by these cancellation procedures. Before we cancel an account we need to make sure it really is the site owner requesting the cancellation.

To cancel an account please contact us and we will start to process the cancellation procedure.

Accounts will be closed the same day, we do not schedule closures for the end of the current months hosting. Accounts are only be considered cancelled once we have conformed by e-mail that we have cancelled it for you. If you have not received conformation from us it means your account is still open and you will be billed for all services provided until we have given such confirmation.

CJ Website Hosting will not be held liable for the non arrival of your request to cancel an account. It is your responsibility to ensure that you have received confirmation of the account closure from us.

When an account is cancelled, all of its files are deleted and are not recoverable.

Data integrity and backups

We will endeavour to keep backups of your data in order to restore the server if we have a disk failure. However, we provide no guarantee that we will be able to do so. It is in your own interests to keep a copy of your web site backed up on your own computer. You can do this by simply uploading changes from a copy you hold or by using the backup tool provided with our web hosting accounts.

If you have an accident with your site we will do our best to help, but we may not be able to restore your files for you.

It is impossible to have too many backups. Keeping a local copy at your location is the best way to protect your data.

Virus Scanning

Our hosting packages include virus scanning. We will scan your incoming mail for viruses and reject any email which appears to contain one. We will update our virus definitions on a daily basis.

However, we cannot guarantee to remove all viruses all of the time. For example, viruses hidden within certain types of attachment may not be detected. Viruses in emails forwarded from other domains may not trigger the virus scan as it goes through our mail transport agent. You should still have an anti virus program running on your own computer because it can check your whole system, not just your emails.

CJ Website Hosting will not be held liable for any damage caused by viruses received through emails received via our servers.

Passwords

You choose your username and password for accessing your account. If you loose your password we can send you a temporary password to your email address. If your email address has changed you will need to supply proof of your identity before we will provide the password. The reason for this is that a large percentage of password requests we receive are from people trying to gain unauthorised access to customers accounts. It is in your interests that we verify your identity before issuing a password. If you have any questions, contact us

Correspondence

In the event of written notification of account termination being sent by CJ Website Hosting to a customer, any such communication sent by normal post shall be considered received by the customer seven days after it was posted.

Threats & Blackmail

It has been known that some web hosting customers have attempted to leverage free services by making threats against the hosting company, its staff or networks.

We take these sort of threats very seriously.

Making threats will result in your account being cancelled without notice.

Domain name registration

Where a domain name has been registered as part of the service provided by CJ Website Hosting the customer is bound by additional terms and conditions which were displayed during the registration process. Some of these are enforced by the different domain name registries and you should be aware that you may have a contract with them as well as with us. We register all domains with the customer as the registrant. CJ Website Hosting may be listed as technical, admin (and sometimes billing) contact for some domain names but normally we enter the customers details into all of these fields as well.

Domain name registration fees are not refundable because the registries will not refund us. It is the customers responsibility to ensure that all names are spelled correctly prior to ordering domain names.

Change of domain names

Domain names cannot be changed once they are registered. This is because the domain registries will not refund us once a domain name is registered.

We can change the domain name associated with your hosting account but you will need to register the new domain name first. Changing the domain name may require your account to be deleted and it may cause disruption to your web site. The old domain name will stop working. We reserve the right not to allow domain changes.

Limits of support

CJ Website Hosting provides support with server side problems only. These include, non functioning of facilities provided with your hosting account and any faults which exist on the server your site is hosted on.

Customers are responsible for designing and maintaining their own web sites. We can not provide advice or support for any programming or web design issues like frontpage, cgi, php or asp.

Support for your web design software should be provided by the company which supplied the software.

Refusal of Service

CJ Website Hosting reserves the right to refuse, cancel, or suspend services at our sole discretion.

Sub domains

If you have a web site without a domain name of your own which has a subdomain based on a domain name we own, you have no rights to transfer that domain name to another provider. CJ Website Hosting reserves the right to transfer any sub domain in domains of its possession to an alternative domain.

Indemnification

By ordering services from us you agree to indemnify and hold harmless CJ Website Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.

Limitation of liability

Your use of CJ Website Hosting's services are at your sole risk. All CJ Website Hosting services are provided on an "as is" basis without warranties of any kind, either express, implied, constructive, or statutory, including, without limitation, any implied warranties of merchantability, non infringement or fitness for a particular purpose. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.

CJ Website Hosting makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the CJ Website Hosting service.

In no event will CJ Website Hosting be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use CJ Website Hosting's services or any content thereon. this disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record. The formation, construction and interpretation of this agreement shall be controlled by the laws of Scotland. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement.

Legal disputes

If you intimate that you are entering into legal action against us we will suspend your account until the legal dispute has been resolved.

Explanation of the above

We will do our best to keep the service running reliably but we will not be held responsible for any losses you incur through your use of it. If you are in business you should ensure you have adequate business insurance and we recommend you contact an insurance broker.

Changes to these terms and conditions

CJ Website Hosting reserves the right to change or amend these Terms of Service at any time without prior notice.

Enforcement

Violations of these Terms of Service should be referred by email to abuse[at]cj-hosting.com. All complaints will be investigated promptly. Violations of these terms and conditions can be ground for immediate account deactivation without refund.

Data protection

Some files held by CJ Website Hosting are covered by the UK Data Protection Act. You can find out more about your rights in relation to these files here www.informationcommissioner.gov.uk.

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