|
Virtual Private Server
Terms And Conditions
5sterling.com/WirralNet
is a provider of dedicated server solutions. All accounts and
servers are subject to agreement and compliance of the terms and
conditions described in this document/webpage. Under the terms of
this agreement, your placement of information on our servers is an
acknowledgement that you have read, understand, and agree to be
bound by terms and conditions below.
Acceptable Use
5sterling.com services may only be used for lawful purposes.
Transmission of any material in violation of International, Country,
County, Federal or State regulation is prohibited. This includes but
is not limited to: material legally judged to be threatening or
obscene, or material protected by trade secret laws.
If you are found in violation of the 5sterling.com Acceptable Use
Policy and Terms of Use, your account may be terminated without
notice and you will forfeit all of the money that has been paid to
us.
Examples of content that is not acceptable on 5sterling.com
services: "Pirated software" or "Warez", "Hacker programs and/or
archives", "IRC Bots", "Gambling Related", "Copyrighted Mp3's".
You specifically agree to indemnify and hold 5sterling.com harmless
from any claims resulting from a breach of these terms, and/or their
use of the service, which damages another.
Warez - Includes pirated software, ROMS, emulators, phreaking,
hacking, and password cracking. IP spoofing, etc., and encrypting of
any of the above. Also includes any sites which provide "links to"
or "how to" information about such material.
Adult Content
5sterling.com does NOT allow the hosting of adult orientated
content on our servers or network, period. Anyone found to be in
breach of this will have their VPS suspended immediately.
Spam
SPAM in any shape or form is NOT permitted and is grounds for
immediate account termination. Mailing lists via a mailing list
manager are acceptable as long as the lists are OPT-IN list that
people have signed up for. Spam complaints from other users will not
be tolerated.
IRC and Chat Rooms
Internet Relay Chat (IRC) traffic is not permitted on the network in
any of its many forms including, but not limited to: bots and IRC
servers. CGI based forums are NOT allowed on Xcellweb Hosting
Services shared and reseller web servers due to their inefficiency.
Please use a PHP based forum instead. If you are in doubt, please
contact us.
Intellectual Property Rights
You shall obtain any and all necessary consents and clearances to
enable you lawfully to make use of all and any intellectual property
rights through the Services, including without limitation, clearance
and/or consents in respect of your proposed domain name.
Service Availability
We shall use our reasonable endeavours to make available to you at
all times the Server and the Services but we shall not, in any
event, be liable for interruptions of Service or down-time of the
Server. Our network uptime Service Level Agreement is 99.9% This
covers network downtime as a result of a main data centre power
failure, but not an isolated router/server. This does not cover
server hardware or software failure or downtime as a result of an
individual person(s) ISP routing or peering issues.
We shall have the right to suspend the Services at any time and for
any reason although we will inform you of any action that is to be
taken and how long it will last for. We do not tolerate more than
one login session under any one account at any one time. User
programs may be run only during login sessions. If your account is
found to have been transferred to another party, or shows other
activity in breach of this sub clause, we shall have the right to
cancel the account and terminate the Services and/or this Agreement
immediately.
Server hardware is the responsibility of 5sterling.com. If the node
fails due to hardware fault, we are under obligation to replace the
defective hardware, free of charge. If the node is found to have no
hardware fault, but instead a software fault relating directly to
your VPS, we reserve the right to charge you £24.50 per every 30
minutes for the time a NOC engineer takes to repair the fault and
bring the server back online. At weekends, the charge is a minimum
of one (1) hour. All server hardware support is provided on a best
effort basis and with no guarantee's or SLA's.
Fines & Charges
5sterling.com reserve the right to levy a penalty fee of £10.00 GBP
per violation of the Terms & Conditions of Service Agreement. We
also reserve the right to levy a charge of £10.00 for reconnection
if your VPS is disconnected for non-payment, in addition to your
regular monthly cost. If you do not wish to resume your service with
us, or we will not accept you back onto our network after suspension
for any applicable reason, we reserve the right to levy a £50.00
charge for you to retrieve your data off the VPS.
If your server is disconnected due to non-payment/late-payment, then
the cost will be £49.00GBP to have it re-connected. This charge is
halved to £24.50 if your server is a collocated server with us.
Legal
5sterling.com expects that its subscribers who provide Internet
services to others will comply fully with all applicable laws
concerning the privacy of on-line communications. A subscriber's
failure to comply with those laws will violate our policy. Finally,
5sterling.com wishes to emphasize that in signing the service
agreement, subscribers indemnify 5sterling.com for any violation of
the service agreement, law, or 5sterling.com policy, which results
in loss to 5sterling.com or the bringing of any claim against
5sterling.com by any third-party. This means that if 5sterling.com
is sued because of a subscriber's or customer of a subscriber's
activity, the subscriber will pay any damages awarded against
5sterling.com, plus costs and reasonable attorneys' fees.
Limitation Of Liability
All conditions, terms, representations and warranties relating to
the Services supplied under this Agreement, whether imposed by
statute or operation of law or otherwise, that are not expressly
stated in these terms and conditions including, without limitation,
the implied warranty of satisfactory quality and fitness for a
particular purpose are hereby excluded.
Our total aggregate liability to you for any claim in contract,
tort, negligence or otherwise arising out of or in connection with
the provision of the Services shall be limited to the charges paid
by you in respect of the Services, which are the subject of any such
claim.
In any event no claim shall be brought unless you have notified us
of the claim within 6 months of it arising.
In no event shall we ever be liable to you for any loss of
business, contracts, profits or anticipated savings or for any other
indirect or consequential or economic loss whatsoever.
Notices
Any notice to be given by either party to the other may be sent by
either email, fax or recorded delivery to the address of the other
party as appearing in this Agreement or ancillary application forms
or such other address as such party may from time to time have
communicated to the other in writing, and if sent by email shall
unless the contrary is proved be deemed to be received on the day it
was sent or if sent by fax shall be deemed to be served on receipt
of an error free transmission report, or if sent by recorded
delivery shall be deemed to be served two days following the date of
posting.
Payment
All accounts are set up on a prepay and pro-rated basis. Unless
otherwise notified, payment is due on the 1st of each month for
monthly payments or a year following the date the account was
established for annual payments. If payment is not paid on or before
the due date, 5sterling.com will suspend the service after 5 days of
non-payment. The service will remain suspended for 28 days, after
which the account will be terminated, the data will be wiped from
the server(s) and the client will be removed from our records. The
client will then become liable for any setup charges incurred due to
the setup of a new account. If you have problems making payment
by the due date, it is important that you contact us as soon as
possible to let us know your reasons and circumstances. We strongly
consider all situations and we may be able to help you.
Headings
Headings are included in this Agreement for convenience only and
shall not affect the construction or interpretation of this
Agreement.
Entire Agreement
These terms and conditions together with any documents expressly
referred to in them, contain the entire Agreement between us
relating to the subject matter covered and supersede any previous
Agreements, arrangements, undertakings or proposals, written or
oral: between us in relation to such matters. No oral explanation or
oral information given by any party shall alter the interpretation
of these terms and conditions. In agreeing to these terms and
conditions, you have not relied on any representation other than
those expressly stated in these terms and conditions and you agree
that you shall have no remedy in respect of any misrepresentation,
which has not been made expressly in this Agreement. Misuse Of
Resources including but not limited to employing applications which
consume excessive CPU time. Chat/IRC, web proxy and mailing list
scripts are not allowed on our network under any circumstances.
Streaming media can be a drain on web server resources and as such
is not allowed. CGI based message forums which use flat file
databases are often found to use excessive system resources, to
avoid disappointment please use a PHP/ASP message forum.
If you are unsure about content you intend to place on our network,
please check with us before you do. We reserve the right to
determine what constitutes acceptable use. We may amend these terms
of service with or without notice. |
