Legal ShinyHost Terms And Conditions Of Service was last modified 25 January 2006. Please read the following carefully as purchase of ShinyHost services constitutes acceptance of the following Terms And Conditions Of Service. ShinyHost Terms And Conditions of Service Introduction Non-Assignment Policy Acceptable Use Policy Fair Use Policy High Resource User Policy Traffic Guidelines Background Running Programs Policy Electronic Mail Policy Network Performance Policy Server Abuse Policy Homepages, Web Pages, Web Sites Policy Bandwidth Policy Privacy Policy Security Policy Penalties Back-Ups Support Payment Cancellations And Refunds Refusal Of Service Limitation Of Liability Disclaimer Operation Introduction This document supersedes all previous documents including but not limited to, previous registration/service agreements, online registration/service agreements, and any other method used or developed which grants access to ShinyHost provided services. This document applies to the total ShinyHost environment including but not limited to, all subsidiaries, trade styles and related concerns; all clients, customers, advisors, agents of and for, employees, and any and all authorized third parties granted access to services. All ShinyHost customers, clients, and users of ShinyHost provided services are required to observe strict compliance with ShinyHost Terms and Conditions. Any non-compliance with, or violation of, ShinyHost Terms and Conditions will be reviewed for appropriate action that could include termination of access. Any failure of ShinyHost to enforce this policy at any time for whatsoever reason shall not be construed as a waiver of ShinyHost’s right to do so at any time. ShinyHost provides World Wide Web hosting and has a responsibility to protect each client and provide the best available services. ShinyHost reserves the right to refuse service and/or access to the servers used to anyone. ShinyHost reserves the right to suspend or cancel a customer's access to any or all provided services should ShinyHost decide that any account has been inappropriately used or fails to meet the criteria established within this documentation. The Terms and Conditions of Service stated within this documentation have been established to ensure these obligations are met. ShinyHost is not responsible for any claims resulting from the use of our service. The customer agrees to indemnify and hold harmless ShinyHost from any claims resulting from any use of the service that damages the Account Holder/Subscriber or any other party. This applies also to any sites that promote any illegal activity or content that may be damaging to the provided servers or any other server on the internet. This includes but is not limited to, Adult sites, pirated software, hacker programs/archives, MP3 and Warez sites. Links to such materials are also prohibited. Go Back Non-Assignment Policy All benefits conferred by this agreement are non-transferable and non-assignable. Accounts provided are expressly limited to use by the Account Holder. Account holders are prohibited from reselling, storing, giving away or otherwise assigning ShinyHost provided services to any and all persons unless written application for such has been made to ShinyHost and express written authorization and terms have been granted by ShinyHost. The Account Holder is prohibited from allowing a separate, third party to host content on the Account Holder’s web site. Exceptions to this include ad banners, classified ads, and personal ads. Go Back Acceptable Use Policy All ShinyHost provided services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law, regulation, treaty or tariff is prohibited. This includes, but is not limited to, copyrighted material, material ShinyHost judge to be threatening or obscene, or material protected by trade secrets and other statutes. You may NOT use your ShinyHost account in a manner which: Violates any laws, statutes, regulations, treaties, tariffs or lawful order. Violates any rules, regulations and policies of any network, server, web site, database or service provider. May be damaging to ShinyHost servers or any other server on the Internet. Violates generally accepted standards for online behaviour. Threatens or breaks the security on any computer network. Is defamatory, fraudulent, indecent, offensive or deceptive. Provides access to an account that does not belong to the Account Holder. Causes misuse of ShinyHost’s resources to the detriment of other users. Causes threat, harassment, abuse or intimidation of others. Interferes with other customers' use and enjoyment of ShinyHost services. Can or does cause damage to the name or reputation of ShinyHost, its parent, affiliates and subsidiaries. ShinyHost STRICTLY Prohibits: Illegal Material - Includes but is not limited to, copyrighted works, commercial audio, video, or music files, the promotion of any illegal activity, hate literature and any material in violation of any laws, statutes, regulations, treaties, tariffs or lawful order. Adult Material – Includes but is not limited to, all pornography, pornographic images, text and sound files, sex-related merchandising, or otherwise lewd or obscene content. This includes sites that may infer sexual content or links to adult content elsewhere. The promotion of, and links to such material. What constitutes ‘adult material’ remains entirely at the discretion of ShinyHost who will be the sole arbiter in determining violations of this provision. Warez - Includes but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, hacker programs or archives, password cracking. IP spoofing, etc., and encrypting of any of the above. Includes also any sites which provide ‘links to’ or ‘how to’ information about such material. Spam - Any instances of Spam (unsolicited bulk or commercial messages) relating to your web site will result in account deactivation, a fine for each complaint we receive and a fine per incident. Spamming (the sending of unsolicited bulk or commercial email), bulk mailing of commercial advertising, informational announcements, petitions for signatures, charity requests, political or religious tracts, the sale of Spam software, providing access for Spam, the sending of unsolicited e-mail from a ShinyHost server or using an e-mail address or domain that is maintained on a ShinyHost server as reference is STRICTLY prohibited. ShinyHost will be the sole arbiter as to what constitutes a violation of this provision. IRC servers, IRC bots, and Mush/Moo/Mud servers are forbidden. The strict compliance of all customers, clients, and users of ShinyHost services is required with this Policy. It is at ShinyHost’s sole discretion to determine whether any use of the service constitutes a policy violation. Violations will be reviewed for appropriate action that could include termination of access. Any failure of ShinyHost to apply policy enforcement, for whatever reason, shall not be construed as a waiver of ShinyHost’s right to do so at any time. Go Back Fair Use Policy No Customer, Client, User, or any other Person shall use or permit to be used ShinyHost Services in such a manner as to prevent or cause to prevent FAIR AND PROPORTIONATE use of ShinyHost Services by other Customers, Clients, Users, or any other Persons. Where ShinyHost determines that a Customer, Client, User, or any other Person is utilizing ShinyHost Services in any manner that prevents FAIR usage of ShinyHost Services by other Customers, Clients, Users, or any other Persons, and/or ShinyHost determines that a Customer, Client, User, or any other Person is utilizing ShinyHost Services in a manner that is DISPROPORTIONATE to the usage of other Customers, Clients, Users or any other Persons, ShinyHost reserves the right to impose the High Resource User Policy for the consideration of all customers. Go Back High Resource User Policy This policy is intended to prevent misuse of ShinyHost provided servers and ShinyHost may implement this policy at its sole discretion. It is at ShinyHost’s sole discretion to determine whether any use of the service is a violation of this policy. ShinyHost provided resources are defined as bandwidth and/or processor utilization. When a web site is found to be monopolizing available provided resources, ShinyHost reserves the absolute right to suspend that web site with immediate effect. Shiny Host reserves the right to offer such Customers an option to continue hosting the website for an additional fee. Web sites that place an unreasonable load on the provided server due to excessive CGI scripts or other materials will be suspended and we will ask the owner to reduce the site load or move to a dedicated server. Go Back Traffic Guidelines Due to the unique resource characteristics and traffic patterns associated with certain types of sites, the following are limited to traffic: Subhosting - any domain housing additional users Shareware, sound, video, image and multimedia archives Mirror sites Distribution points Any site whose primary purpose is file distribution Gaming Sites Go Back Background Running Programs Policy Programs allowed to run continually in the background are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. We currently DO NOT allow IRC or IRC bots to be operated on our servers. IRC servers, IRC bots, and Mush/Moo/Mud servers are strictly prohibited. CGI Scripts Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that affects normal server operation. Go Back Electronic Mail Policy ShinyHost accounts provide the ability to receive electronic mail. The use of Spam (unsolicited bulk or commercial messages), Spamming (the sending of unsolicited bulk or commercial e-mail), bulk mailing of commercial advertising, informational announcements, petitions for signatures, charity requests, political or religious tracts, sale of Spam software, providing access for Spam, the sending of unsolicited e-mail from a ShinyHost provided server or using an e-mail address or domain that is maintained on a ShinyHost provided server as reference is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. Complaints investigated by ShinyHost about Spam from any of our Customers, Clients, Users or Users of theirs, if found to be at fault shall be fined and billed accordingly. Currently, the fees constitute £0.50 per email sent and up to a £300 fine per incident. ShinyHost will be the sole arbiter as to what constitutes a violation of this provision. Non-Exclusive Examples Provided For Guidance To prevent malicious subscriptions to lists by third parties, individuals maintaining mailing lists should ensure that their mailing list software requires confirmation of subscription. Accounts may not be used to send Spam (unsolicited bulk or commercial messages) as detailed within the ShinyHost Electronic Mail Policy and Acceptable Use Policy. Removing, altering or forging electronic mail headers is strictly prohibited. The sending of numerous copies of the same or substantially similar message and the sending of very large messages or files to a recipient, with the intention of disrupting a provided server or account (mail bombing) is prohibited. The harassment or intimidation of others, whether through frequency/size of messages or language is prohibited. Account users must comply with any recipient’s request that no further mail be forwarded from the account user to the recipient. The forwarding or propagation of chain letters, whether or not such messages solicit money or other items of value is prohibited. ShinyHost accounts may not be used to collect replies to messages sent from another Internet Service Provider if those messages violate any provision within ShinyHost’s Terms and Conditions or the Terms and Conditions or Policies of the other Internet Service Provider. Should the services of another provider be used to promote a web site hosted by or through ShinyHost, then the provisions contained within the ShinyHost Terms and Conditions shall apply to the methods used to promote such web site. ShinyHost is not responsible for the content or tone of any e-mail or other transmissions of the Account Holder/Subscribers to its service or other parties using the Internet. ShinyHost shall not, under any circumstances attempt to mediate or otherwise become involved in any particular disagreement or dispute between Internet users. Go Back Network Performance Policy ShinyHost 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 that impairs network performance is prohibited by this policy and may result in termination of the account. Excessive consumption of resources, including CPU time, memory, disk space and session time on shared resources is prohibited. Resource-intensive programs that negatively impact other customers or the performance of ShinyHost provided systems are prohibited. ShinyHost reserves the right to terminate or limit such activities. Go Back Server Abuse Policy Any attempts to undermine or cause harm to any ShinyHost provided server or customer of ShinyHost is strictly prohibited. ShinyHost holds no responsibility for the use of ShinyHost client/customer accounts. Any account that abuses resources and does not take actions to desist such abuse shall be immediately deactivated without any refund of payments made. Any site using what ShinyHost deem to be excessive cpu cycles, or any resources that cause strain to other sites shall be offered new hosting terms for an additional fee. Go Back Homepages, Web Pages, Web Sites Policy Customers, Clients or Users are solely responsible for any and all information contained on their homepages, web pages or web sites. However, ShinyHost may, at its sole discretion remove the homepage, web pages or web site hosted on ShinyHost provided servers and terminate service and/or access if complaints are received regarding language, content or graphics contained on your homepage, web pages, or web site. The publication of any material including but not limited to, text, graphics, sound files and executable programs that ShinyHost, at its sole discretion determines to be unlawful, indecent, objectionable or with which ShinyHost does not wish to be associated for purposes of protecting ShinyHost’s reputation, brand image, shareholders, employees and any other interested parties, is prohibited. Go Back Bandwidth Policy All sites hosted by ShinyHost have the privilege of unthrottled bandwidth. If a user surfs your site using a 56k modem or a 45mbps DS-3, your site will always be reachable. There is no penalty for the high bandwidth web surfer that creates high traffic spikes. Sites are not restricted to a traffic rate but if your site’s monthly usage is above your monthly total allotment you WILL be asked to upgrade to the next package. The extra bandwidth used is billed in arrears the following month at the existing current rate per GB. We will work with clients to keep their sites alive and fast at all times. Go Backor Go Back to 'Compare Hosting Plans' Page Privacy Policy ShinyHost is committed to the privacy of our clients. We have developed the following policy to disclose the information gathering and dissemination practices for this web site. We collect certain information from clients for billing and administrative functions. None of the information collected for these functions is provided to any outside party for any reason. ShinyHost clients are responsible for Personal information that may be displayed on their own web site. Go Back Security Policy Security measures are in place to protect against loss, alteration, or misuse of data collected. Customers are responsible for ensuring that only they or their authorized designees utilize their accounts. Where unauthorized use of a customer account is suspected, access the ShinyHost online Support System and report this immediately. For security purposes the listed Account Holder, and/or the Listed Account Administrator are the only authorized individuals that may request edits, changes, or information for the account. Authorization to release information and/or edit and/or make changes from anyone other than the Listed Account Holder and/or the Listed Account Administrator must be received in writing. Your password provides access to your account and it is your responsibility to keep your password secure. Passwords should not be based on any word found in the dictionary or on any personal information (name or birth date, for example). Your password should not be the same as your userid. Sharing your password and account access with unauthorized users is prohibited. The Account Holder is responsible for any misuse of their account, even if committed by a family member, friend, guest, employee or other person. The Account Holder must ensure that others do not gain unauthorized access to their account. Steps should be taken to prevent others from using your account since you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service. Adequate security measures should be adopted to prevent or minimize unauthorized use of your account. Additionally, accounts may not be used to breach the security of another account or attempt to gain unauthorized access to another network or server. Any attempts to circumvent user authentication or security of any host, network or account (cracking) are prohibited. This includes but is not limited to, the access of data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. The use or distribution of tools designed for compromising security is prohibited. Any attempts to interfere with service to any user, host, or network (denial of service attacks) are prohibited. This includes but is not limited to, ‘flooding’ of networks, attempts to ‘crash’ a host and deliberate attempts to overload a service. Systems or network security violations may incur criminal or civil liability. ShinyHost will fully cooperate with investigations of security violations at other sites, including cooperating in the investigation of suspected criminal violations. Go Back Penalties System abuse by a Customer or User costs ShinyHost time, money and resources which cost should not be borne by ShinyHost’s other customers thus a minimum service fee of £300.00 will be applied to the offending customer’s account. The Account Holder further agrees to pay ShinyHost reasonable legal and collection fees on service charges shown, without regard to further legal action taken by ShinyHost to recover other or related consequential damages suffered as a consequence of the Account Holder or user's actions. Go Back Back-Ups Back-ups are routinely performed. Back-up restoration is for emergency procedures only. You are strongly advised to back-up all your files to your local drive. ShinyHost is NOT responsible for lost data, time, income or any other resource due to faulty or non-existent back-ups. Go Back Support Support is available 24 hours a day, 7 days a week. In the first instance, consult the Manual provided with the Control Panel, this Administration resource provides the facilities and tools to manage your Web Site. For technical problems, use the ShinyHost online Support System giving a detailed description of the problem you are having along with your username, password and hostnames / domain names and any additional information you think may be helpful to us in finding a solution. We endeavour to resolve all legitimate reported problems within 24 hours of notification. Go Back Payment The following methods of Payment are available: By PayPal e-commerce transaction. By cheque/check - Clients will normally have Bills or Invoices sent via e-mail unless ShinyHost is advised otherwise. It is the Client's responsibility to advise ShinyHost if they wish to receive Bills or Invoices in another manner. Returned cheques/checks each carry a £40.00 service charge. By Money Order/Postal Order - Clients will normally have Bills or Invoices sent via e-mail unless ShinyHost is advised otherwise. It is the Client's responsibility to advise ShinyHost if they wish to receive Bills or Invoices in another manner. Money Order/Postal Order Clients should ensure that ShinyHost is in receipt of payment at least 2 days in advance of the payment's due date. Services will be initiated after payment has been received. All Accounts are set up on a prepay basis and recur monthly. Charges for usage by a Client beyond the base amount of usage contained in the customer's service plan shall be billed accordingly the following month. Charges for terminating accounts are not pro-rated. Although ShinyHost reserves the right to change prices of accounts or provided services at any time, the price of accounts is guaranteed for the period of prepayment. Go Back Overdue Accounts Accounts 4 days past due will be de-activated. Accounts 9 days past due will be deleted from the server with no refund to the Client. In the event of a customer breaching any of the Terms or Conditions contained herein ShinyHost may terminate any account with no refund to the Client. The Client is responsible for all money owed on the account from the time it was established to the time that ShinyHost receives cancellation notification. Go Back Cancellations And Refunds Cancellations Cancellation fees are not applied. Clients using PayPal may cancel via their PayPal Account. For all other clients, Account cancellation must be made via postal service (due to the inherent difficulties in verifying authorship of e-mail). All cancellations must be received two weeks in advance prior to the next billing cycle to ensure further charges to your account do not take place. ShinyHost reserves the right to cancel the service at any time. In cases where a customer contravenes any of the provisions specified within ShinyHost Terms and Conditions a refund will not be issued in the event of a cancellation made by ShinyHost. Refunds For Fees charged on a pre-pay basis, Refunds are not normally available, but we will consider the circumstances under which the Refund is required and Refunds will be given at the discretion of the Company Management. Go Back Refusal Of Service These terms may be modified at any time without notice. ShinyHost reserve the right to suspend, cancel, or refuse provided services at our sole discretion. All users are always subject to ShinyHost’s newest Terms and Conditions that remain posted on our web site at all times. Go Back Limitation Of Liability Indemnification The customer agrees to defend, indemnify, save and hold ShinyHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against ShinyHost, 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 the customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless ShinyHost against liabilities arising out of (1) any injury to person or property caused by any products sold or otherwise distributed in connection with any ShinyHost provided server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to the customer from any ShinyHost provided server. Go Back Disclaimer All services are provided on an ‘as is, as available’ basis. ShinyHost is not and shall not be responsible for any damages your business may suffer. You agree to indemnify and hold harmless ShinyHost from any claims resulting from your use of the service that damages you or another party. ShinyHost makes no warranties, express or implied, including those of merchantability or fitness for a particular purpose, of any kind, with respect to any provided service. This includes but is not limited to, loss of data resulting from any delays, non-deliveries, wrong deliveries, and any and all service interruptions caused by ShinyHost, its agents, officers and its employees. ShinyHost is not and shall not be responsible for customers’ files residing on ShinyHost provided servers, customers are responsible for independent back-up of all such data. ShinyHost does not exercise any control over transmission of data on the Internet and cannot be held responsible for any damage or data losses arising from Internet viral infections. Go Back Operation ShinyHost reserves the right to change any of its services at any time without notice. Current ShinyHost Terms and Conditions are available on the ShinyHost web site at all times. Notification of modifications is presented on the ShinyHost web site. Customers are advised to visit the ShinyHost web site on a regular basis, as after such notification is given on the ShinyHost web site, customer use of ShinyHost services constitutes acceptance of such modifications. The customer understands that there may be interruptions to ShinyHost services from time to time. These may take place for reasons that include but are not limited to, maintenance, improvement, or to protect resources in the event of misuse or malfunction. Advance notification of any such interruption of service is not always possible. ShinyHost reserves the right to revise its Terms and Conditions and the Policies contained therein at any time. Go Back