Terms and Conditions of Service

These terms and conditions form the basis of your contract with edshosting.co.uk so please read them carefully.

Who this affects

If you order services from edshosting.co.uk 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 edshosting.co.uk 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

edshosting.co.uk 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

edshosting.co.uk will be the sole arbiter as to what constitutes a violation of the provisions described in this document.

Length of contract

If you pay your web hosting account monthly then your contract runs for one month and is renewed for another month when you make your next months payments. If you pay annually then your contract runs for 12 month from the date you first ordered. The year or month runs and ends from the time you ordered (e.g. if you order annual hosting at 2pm on the 1st of January it will expire at 2pm on 1st of January the following year). 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 edshosting.co.uk is strictly prohibited. Offenders will be prosecuted to the fullest extent of the law.

The content of your web site

All services provided by edshosting.co.uk 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, including sites that links to such content.
  • sex-related merchandising, including sex toys and sites that links to such content.
  • escort services or anything related to prostitution.
  • 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 inform you of our reinstatement policy (see below).
  • Either reactivate the account or terminate it depending on your response.

Email SPAM / abuse reinstatement policy

If an account has been suspended for spam or abuse it will only be reinstated if the customer sends a "reinstatement request" to us by helpdesk ticket or email.

The reinstatement request must, in the customers own words, explain:

  • Why the SPAM incident or other abuse incident occurred.
  • If applicable, display understanding of why mass mailing is forbidden.
  • Commit to the incident not occurring again.

edshosting.co.uk will be the sole arbiter in making a decision as to whether or not the account should be reinstated. In making a decision we shall take into consideration:

  • The authenticity of the reinstatement request (is it really from the owner of the account which it purports to be).
  • The nature of the response and the understanding and commitment exhibited therein.
  • The history of abuse on that domain.
  • To the extent known, the history of abuse by that customer across different domains.

Communication of the decision will be sent to the email from which the customers reinstatement request was sent.

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.

if you are a shared hosting customer you may not:

  • Provide hosting for third parties, unless you have a proper reseller account.
  • 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 and we cannot allow it as an account option. However, we provide chat systems with some 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 plan) 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 dedicated server hosting for an additional charge. If you do not move to a dedicated server or 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

edshosting.co.uk 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 control panel 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 edshosting.co.uk 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 edshosting.co.uk or its upstream providers and are provided according to ARIN and RIPE rules and only when required for technical reasons.

Billing

We DO NOT send out invoices. All credit cards are billed automatically on the anniversary of the date the account was ordered. So if a customer orders hosting on the 15th of the month they would be billed on the 15th every month. We believe this is sufficient advance notification of payment due. It is the clients responsibility to ensure that they have sufficient credit to cover this transaction. In the event that a card is declined for any reason we will send an e-mail with instructions for submitting a new credit card. If new card details are not supplied within 24 hours we will suspend the account. If new card details are still not received within 7 days we will delete the account.

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 fill out this form: http://www.edshosting.co.uk/accountcentral/cancelaccount.html

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.

edshosting.co.uk 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.

Extent of service

The service provided under this contract is the one listed on our web site on the day you ordered the service. For description purposes terms like PHP, Perl and Mysql refer to the versions of PHP, Perl and Mysql installed at the time you ordered. Although we regularly update these with securoty patches no commitment to upgrading to newer versions is intended or implied. The reasons for this are that some customers sites would not work with newer versions therefore upgrading to suit another customer's requirements could stop their site from working, and it may cause problems with some of our preinstalled scripts and software.

Limitations of support

We want your web site to be a success, because that way you will want to renew your account and continue using our service. We will do our best to help you so please contact technical support if you have any difficulties. However, customers sometimes get confused about what constitutes a realistic level of technical support so we need to explain this in detail.

Our technical support is limited to the service as originally provided (web hosting and email).

We will not provide support with:

  • Any adaptations you have made to our service to take it away from its original specification.
  • Scripts you have installed or written (cgi, perl, php etc).
  • Web design issues or the content of your web site.
  • Problems with software not provided by us (e.g. FTP programs, web design programs or email software).
  • Modifications you have made to scripts installed using our control panel (e.g. the "cgi center").

Support is provided via an online support manuals and our technical support department (via our helpdesk).

We provide support in the English language only and we strongly recommend you have good conversational English before you sign up for any services with us.

edshosting.co.uk will not be held liable for any loss or damage caused by your inability to use the services (just as a car manufacturer could not be held liable for you being unable to drive).

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 most of 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.

If you are a dedicated server customer then we do not keep any backups of your files. If you have paid us for a bachup drive then you have the hardware and software necessary for making backups, but it is your responsibility to make sure you have it turned on. Again, we can make no guarantees abotut he integrity of backups.

Virus Scanning

Some of our hosting plans include virus scanning. If you have ordered a service that includes this feature 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.

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

Controlling Incoming Spam

We provide tools to help you control spam on some of our accounts. These include Spam Assassin and Box Trapper. Customers using Box Trapper should be aware that it will stop them receiving renewal notices from us so they should add automailer [at] edshosting.co.uk to their whitelist.

edshosting.co.uk can not be held liable for spam received in your account but there are a number of things you can do to prevent it being received.

The main reasons for people receiving spam are:

  • They have published thier email address on a web site or signed a guest book where i thas been harvested (if this happens to you then try and remove the email address from the web to prevent it being harvested again).
  • They are using the default (catch all) email account and spammers are sending to things like webmaster@ and postmaster@ (if this is happeneing then set upa seperate email account and set the default account to forward to :fail: which will reduce your level of incoming spam.

If you are receiving a lot of spam using spam assassin (where provided) will help reduce the level. Instructions for this can be found in our supporrt manuals (accessible from our support page).

In some cases the level of incoming spam for one domain can be so high that we have to take special steps to protect our network. This is normally done by blocking incoming mail from servers listed in blacklists which track known commercial spam operations (e.g. Spamhaus). However, we do not use blanket or known innacurate blacklists as that could cause you to lose real mail. In some cases we will also block known sources of viruses. In extreme cases we may block all mail for a given domain or suggest other alternatives for mail delivery to protect our networks.

Passwords

We will provide you with a username and password for accessing your account. This will be sent to the email address you entered into our order form. If you lose your password we can resend it to the same 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.

Correspondence

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

Change of domain names

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

edshosting.co.uk 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 siftware should be provided by the company which supplied the software.

Refusal of Service

edshosting.co.uk 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. edshosting.co.uk 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 edshosting.co.uk from any claims resulting from the use of the service which damages the subscriber or any other party.

Limitation of liability

Your use of edshosting.co.uk's services are at your sole risk. All edshosting.co.uk 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.

edshosting.co.uk makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the edshosting.co.uk service.

IN NO EVENT WILL edshosting.co.uk 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 edshosting.co.uk'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 jurisdiction

These terms and conditions are exclusively governed by Scottish law and by ordering services from edshosting.co.uk you submit to the exclusive jurisdiction of the Scottish courts.

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

edshosting.co.uk 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@edshosting.co.uk abuse [at] edshosting.co.uk. 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 edshosting.co.uk 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