INMERES SOLUTIONS HOSTING TERMS AND CONDITIONS
These terms supplement our standard terms and conditions available at:
Inmeres Solutions Limited outsource the management of dedicated servers to specialized hosting companies, and has a responsibility to protect their interest as well as each Client and to provide the best services available. The following Terms and Conditions are designed to ensure these obligations are met. All services provided by Inmeres Solutions Limited to the Client are subject to the following terms and conditions.
1. Website Content
1.1. All services provided by Inmeres Solutions Limited may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom, United States Federal, State or City, or any International laws is prohibited. This includes, but is not limited to:
• Copyrighted material
• Material we judge to be threatening or obscene
• Material protected by trade secret and other statute.
1.2. The subscriber agrees to indemnify and hold harmless Inmeres Solutions Limited from any claims resulting from the use of the service, which damages the subscriber or any other party.
1.3. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Inmeres Solutions Limited servers or any other server on the internet. Links to such materials are also prohibited. Examples of unacceptable content or links:
• Pirated software
• Pornography
• Violations of Copyrights
• Hacker programs or archives
• Warez sites
• Hate propaganda.
1.4. Inmeres Solutions Limited will be the sole arbiter as to what constitutes a violation of this provision.
2. Data Transfer
Web hosting accounts are prohibited from hosting file distribution Websites (including but not limited to music, video and software), adult content orientated Websites, hosting banners, graphics or cgi scripts for other Websites, storing pages, files or data as a repository for other Websites or personal computers, giving away web space under a domain, sub domain or directory.
3. Web space Usage
Unlimited web space is available for genuine web site content; content must be linked into web pages. Clients are prohibited from using the server as a file/backup repository. Clients are expected to employ good house keeping when maintaining their account.
4. Server Usage
Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other Clients we will discuss with you alternative solutions for your hosting requirements.
5. Acceptable Use Policy
5.1. The Website and use of the Services may be used for lawful purposes only and the Client may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Client agrees not to:
• Use the Services or the Website in any way to send unsolicited commercial email or “spam”, or any similar abuse of the Services
• Send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities
• Publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website
• Threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others
• Engage in illegal or unlawful activities through the Services or via the Website.
• Make available or upload files to the Website or to the Services that the Client knows contain a virus, worm, trojan or corrupt data
• Obtain or attempt to obtain access, through whatever means, to areas of Inmeres Solutions Limited’s or our hosting partners’s network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
• Operate or attempt to operate IRC bots or other permanent server processes.
• The Client has full responsibility for the content of the Website. For the avoidance of doubt, Inmeres Solutions Limited is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
5.2. If the Client fails to comply with the Acceptable Use Policy outlined Inmeres Solutions Limited shall be entitled to withdraw the Services and terminate the Client’s account without notice.
6. Limited Use
6.1. Resources are defined as bandwidth, file space, and/or processor utilization.
6.2. Inmeres Solutions Limited may implement the following policy to its sole discretion: When a Website is found to be monopolising the resources available Inmeres Solutions Limited reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Clients may be offered an option whereby Inmeres Solutions Limited continues hosting the Website for an additional fee.
7. Overusage
7.1. Account usage is checked frequently.
7.2. All accounts will receive notification when bandwidth usage is nearing or over the account’s limit.
7.3. Overusage can result in automatic account suspension unless a prior agreement has been reached.
7.4. Upon suspension please contact Inmeres Solutions Limited to arrange upgrade pricing.
7.5. Package upgrades are also possible at any time.
7.6. If no package upgrade is chosen, overusage fees for harddisk space and bandwidth are applicable as per price list at the time and must be paid before the account will be unsuspended. Failure to pay overusage charges will result in immediate suspension and/or termination.
7.7. We do not have any hard usage limits and will not suspend accounts without warning. If we believe an account is having a negative effect on server performance we will contact the account owner to discuss options.
7.8. We reserve the right to enact defensive movements such as immediately suspending accounts which cause an extremely detrimental traffic surge.
7.9. If you believe your Website may be susceptible to very high usage you must contact us to discuss the suitability of our shared hosting environment.
8. Data Backup
The Client is responsible for undertaking any data back up programs, database, web files or other digital material.
9. Payment
9.1. All payments must be in UK Pounds Sterling.
9.2. Payments must be made by standing order or credit card.
9.3. Payments must be processed automatically. If we need to contact you to process payments, an additional charge (equivalent to 1/2 of our hourly rate at the time) will be made for payment processing.
9.4. All charges payable by the Client for the Services shall be due and payable in advance of our service provision.
9.5. Inmeres Solutions Limited reserves the right to suspend this and other services until any outstanding debt is cleared. Inmeres Solutions Limited will not be responsible for any data lost due to non-payment closure of an account.
9.6. The Client is responsible for all money owed on the account from the time it was established to the time that the Client sends a written cancellation request.
9.7. Reinstatement of an account is at Inmeres Solutions Limited’s discretion. Inmeres Solutions Limited reserves the right to charge a reinstatement fee of one hour of our hourly rate at the time per account.
10. Cancellations and Refunds
10.1. All fees charged on a prepay basis are non-refundable.
11. Indemnification
11.1. The Client agrees that it shall defend, indemnify, save and hold Inmeres Solutions Limited harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Inmeres Solutions Limited, its agents, its Clients, 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 Client, its agents, employees or assigns.
11.2. Client agrees to defend, indemnify and hold harmless Inmeres Solutions Limited against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Inmeres Solutions Limited’ server; (2) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to Client from Inmeres Solutions Limited’s server.
12. Disclaimer
12.1. Inmeres Solutions Limited will not be responsible for any damages your business may suffer.
12.2. Inmeres Solutions Limited makes no warranties of any kind, expressed or implied for services we provide.
12.3. Inmeres Solutions Limited disclaims any warranty, merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Inmeres Solutions Limited and its employees.
12.4. Inmeres Solutions Limited reserves the right to revise its policies at any time.
13. Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.