Hosting Account Terms and Conditions and Acceptable Use Policy

Updated 17/08/07 (changes, other than to formatting and layout, are noted in red)

Cymru 1 Gold - Terms and Conditions of Service and Acceptable Use Policy

Definitions:
"Cymru 1", "us", "our", "we" means Cymru 1 Limited
"you", "your" "the client" means the person or legal entity subscribing to the service
"service", "the services", "services" means the hosting account and associated options you have subscribed to
"agreement" means these Terms and Conditions of Service and Acceptable Use Policy

These Terms and Conditions of Service and the associated Acceptable Use Policy are non-transferable. They constitute the entire agreement between the you and Cymru 1 and shall be interpreted under the laws of England and Wales without reference to conflict of law principles. If any term in this agreement is found to be invalid of unenforceable, it shall be deleted from this agreement and the remaining terms of the agreement shall continue in full force and effect.

A) Acceptable Use Policy

Failure to adhere to the Acceptable Use Policy will result in your service being immediately terminated without notice.

1. Sending of Spam (unsolicited email):

Spamming is not permitted via our services or servers. Infringing accounts will be terminated immediately. Our definition of spamming includes but is not limited to:

Using a non-existent return address when sending commercial solicitations

Mail bombing (sending multiple messages without significant new content to the same user)

Subscribing someone else to a mailing list without that person's permission

(Please report spamming to 'abuse@Cymru1.net')

2. Site content

Cymru 1 services or servers shall not be used to host web sites which contain offensive material. Our definition of offensive includes but is not limited to material which is:

Racist

Sexist

Homophobic

Pornographic

Intended or likely to incite hatred or intolerance

Libelous

Defamatory

Harassing

Threatening

Illegal

Invasive of privacy

In addition, Cymru 1 services or servers shall not be used to

a) Store any files, including audio or video files, whose copyright does not belong to you (see section 4)

b) Host chat services of any type, including IRC and ICQ.

3. Dangerous Activities.

You may not use Cymru 1 services or servers to post or disseminate in any manner, any information or material which may be dangerous, damaging or injurious to persons or property or which, directly or indirectly, may be used to create danger, damage or injury to persons or property.

4. Infringement.

You may not use Cymru 1 services or servers in any manner which infringes the intellectual property rights or other proprietary rights of any third party including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization.

5. Fraudulent Activities.

You may not offer or disseminate fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), or furnish false data on any signup form, contract or online application or registration, or fraudulently use any information obtained through the use of Cymru 1 servers or services, including without limitation use of credit card numbers.

6. Harmful Activities.

You may not use Cymru 1 services or servers for disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.

7. Tortuous Activities.

You may not use Cymru 1 services or servers for any tortuous conduct, including, but not limited to, posting defamatory, libelous, slanderous, scandalous, or private information about a person or company without their consent; intentionally inflicting emotional distress; making unlawful threats; stalking, interfering with any contract or prospective economic relations; engaging in fraud or deception; engaging in sexual or other harassment; or for violating any patents, trademarks, copyrights, or other intellectual property rights.

8. Misuse of System Resources.

You may not engage in any uses or activities that misuse Cymru 1 services, servers or system resources, including, but not limited to employing or posting programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for your own account.

A) Terms Of Service

1. We will provide the service to you in accordance with the Conditions of this Agreement and with reasonable skill and care. It is technically impracticable to provide the service free of faults and we do not undertake to do so.

2. The service is described on our web site.

3. We will use reasonable endeavours to provide a prompt and continuing Service but we will not be liable for any loss of data resulting from delays, non-deliveries, missed deliveries, or service interruptions caused by events beyond our, or by your errors or omissions.

4. To use the Service, you need to supply us with certain details such as your name and address. We will respect the privacy of this information and will comply with applicable data protection legislation in respect of it.

5. We reserve the right to remove e-mail from our servers that is left for a period of more than 3 months.

6. We reserve the right to change the Customer's password at any time at our sole discretion.

7. Where you have asked us to register, re-register or renew a domain name on your behalf, we will do so only on the condition that you understand and agree that you do so completely at your own risk and that we will take no responsibility whatsoever for its safe keeping and continued registration.

8. The provisions of this Agreement regarding Confidential Information and limitation of liability shall survive the termination of the Agreement.

9. It is your responsibility to inform us of any changes to your contact details, in particular your contact email address, telephone number and postal address. We may send notices or other information to you at the addresses you supply, including notices of account suspension.

10. We reserve the right to assign or sub-contract any or all of our rights and obligations under this Agreement without your further consent to such assignment or sub-contract.

11. You may not sell, lease, sub-licence, assign or otherwise transfer, whether in whole or in part, by operation of law or otherwise, the Agreement or any rights or obligations therein without our prior express written consent.

12. If either party is unable to perform any of its obligations under this Agreement because of a matter beyond that party's reasonable control including, but not limited to, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, or acts of local or central Government or other competent authorities or acts or omissions of third party service providers, that party shall have no liability to the other for such failure to perform its obligations.

13. CYMRU 1 RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MAKE CHANGES AND MODIFICATIONS IN SERVICE, EQUIPMENT AND THE RATES AND TERMS OF THESE TERMS AND CONDITIONS AT ANY TIME upon thirty(30) days prior notice via e-mail or standard postal mail service. Changes in rates resulting from upgrades or downgrades in the service requested by you do not require 30 days prior notice, however.

14. You agree to comply with the Acceptable Use Policy set forth above and to refrain from any of the unacceptable uses set forth therein. Cymru 1 reserves an absolute right to determine for itself what is abusive, pornographic, offensive, or inappropriate and will terminate the service in the event it deems any use to violate the said Policy.

15. You agree that Cymru 1 has the right and responsibility to fully cooperate in any legal investigation regarding any aspect of services, including services sold to you. Any use or attempted use of system to engage in software piracy or other illegal activities will result in an immediate termination of service.

16. You agree to indemnify and hold Cymru 1, its information providers, licensors, employees and agents harmless in connection with any controversy or legal action arising from your use of this service, including but not limited to controversies or legal action over domain name selection and web site content.

17. Although Cymru 1 works hard to prevent technical problems, system failures, and service disruptions, such occurrences are possible, particularly in connection with such things as total power losses, natural calamities, acts of war or terrorism, and destructive acts of hackers.

The security and integrity of all data and configuration information held on our servers is therefore not guaranteed in any way. It is your responsibility to maintain a backup copy of your web site and any other important information you store on our servers and store the same on your own equipment. In the event of a failure that leads to the loss or damage of your data or other information held on our servers, it is also your responsibility to restore this data and information. Cymru 1 shall not be responsible for the costs you might incur in any way with the backup and restoration of any of your data.

You further agree that liability for the failure of Cymru 1 to provide the service you have subscribed to, regardless of cause or duration, shall be limited to a refund of the subscription fees paid for the month in which the failures occur (up to a maximum of £250), and that such refunds will only be payable at all if the failure results in you being totally unable to use more than 75% facilities you have subscribed to for more than 48 consecutive hours in that month. You also specifically agree that Cymru 1 shall under no circumstances be liable for any lost profits or other consequential damages. Indeed, our liability to you in contract, tort, negligence, pre-contract or other representations arising out of or in connection with this Agreement or the performance or observation of its obligations under this Agreement shall be limited in aggregate to a maximum of £250.

NEITHER CYMRU 1 NOR ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES CYMRU 1 OR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICES.

NEITHER CYMRU 1 NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY; IT BEING UNDERSTOOD, HOWEVER, THAT THIS DISCLAIMER AND LIMITATION OF LIABILITY WILL NOT APPLY TO THE EXTENT SUCH LIABILITY IS INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS. YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS OF THIS PARAGRAPH SHALL ALSO APPLY TO ALL THIRD PARTY CONTENT AND ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD CYMRU 1 RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICES.

Each provision in section 17 excluding or limiting liability shall be construed separately, applying and surviving even it for any reason any other provision does not remain in force, notwithstanding the expiry or termination of this Agreement.

18. Payments and fees

Cymru 1 normally accepts payments by direct bank transfer (BACS, online or telephone banking and standing order), cheque or credit card. The form of payment must be agreed by Cymru 1 in advance, however, and we reserve the right to refuse payments by credit or debit card.

All services should be paid for in advance.

The minimum billing increment is one calendar month.

For monthly payments by credit or debit card: On signing up for the service your first monthly payment will be taken from your credit or debit card account immediately, along with any account setup fee that applies. Subsequent monthly payments will be taken from your credit or debit card one calendar month from then on. If you sign up on a date that does not exist in all months of the year (e.g. the 31st), then payments for those months in which the date does not exist will normally be taken on the last day of that month.

For monthly or quarterly payments made by direct bank transfer (BACS, direct debit, online or telephone banking and standing order): All payments must be initiated so that payment arrives in our bank account on or close to the 1st of the month, and in no event later than the 7th of the month.

If you do not pay for your service on time, we reserve the right to immediately:
i) Suspend your service
ii) Charge you interest at a rate of 8% over and above the reference rate under the provisions of the Late Payment and Commercial Debts (Interest) Act 1998.

If your payment for your service is more than 30 days late we reserve the right to immediately:
i) Begin debt recover action to recover the amount owed, plus the appropriate amount of interest, plus costs.
ii) Delete all data stored in your account on our servers
ii) Cancel any domain name or names you have asked us to register, renew, or re-register

You are required to pay any fees that were outstanding at the time the agreement was in force even after the agreement is terminated.

 

19. Term and Termination

This agreement will commence on the date your account is activated and shall continue until terminated by you in accordance with the minimum contract and notice periods noted below

or

until terminated by Cymru 1 Limited which reserves the right to terminate this agreement at any time, without cause, and at its sole discretion.

You may terminate your contact by giving us 30 days notice, in writing. Cymru 1 will endeavour to acknowledge your notice of termination promptly. If you do not receive an acknowledgement within 7 days of submitting your notice of termination you must assume that we have not received it.

The minimum contract period is 30 days.

20. Cymru 1 reserves all copyrights and other rights in and to any content available through the Services and identified as or claimed by Cymru 1 as proprietary to Cymru 1 (and its licensors).

21. Cymru 1 assumes no liability for damage to account files, loss of data, or connect time charges attributable to your failure to maintain confidentiality or protect your passwords from unauthorized users. Cymru 1 makes no guarantee and assumes no liability for the security of any data on any server, including secure servers. You acknowledge that there is no guaranteed privacy on the Internet and that Cymru 1 is not liable for any viewing or interception of your email, news, etc. by outside parties. Cymru 1 reserves the right to monitor your email and web hosting activity if Cymru 1 staff suspects that such activity is in violation of these terms and conditions, or if legally obliged to do so by a law enforcement agency or government authority.

22. Order Acceptance and Contract Formation
Order acceptance and the completion of or the formation of the contract between you and us will take place on the activation of the service(s) you have requested, unless we have notified you that we do not accept your order or you have cancelled it.

Non-acceptance of an order for a product or service may be a result of, but not limited to, one of the following reasons:

The product you ordered being unavailable
Our inability to obtain authorisation for your payment
The identification of a pricing or product description error