Acceptable Use Policy (Terms and Conditions)
All users of Cyber Host Pro's (hereafter referred to as CHP) services, and all customers upon signing up for CHP services, agree to comply with CHP's Acceptable Use Policy (AUP). The spirit of the AUP is to ensure customers are using CHP's services with due regard to the rights of other Internet users and in conformity with the requirements of CHP's network environment. The AUP are not exhaustive and CHP reserves the right to add, delete, or modify any provision of its AUP at any time without notice, effective upon posting of the modified AUP to our site. Any complaints about a customer's violation of the AUP should be sent to abuse@cyberhostpro.com. The AUP supersedes any other agreement with CHP, whether written, oral, by conduct, or otherwise.
[I] Web Hosting and E-commerce Customer Restrictions
The following apply only to CHP's Web Hosting and E-Commerce customers, and supplement the terms in sections II and III that applies to all CHP customers:
Server Resources
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a virtual private server. CHP will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting and E-Commerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to CHP's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a CHP server, and selling or distributing software (on a web site residing on a CHP server) that facilitates spamming. Violators will be assessed a fine and will face immediate suspension. CHP reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
CGI Scripts
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. CHP does not permit CGI script sharing with domains not hosted by CHP.
Chat Rooms
CHP does not allow Web Hosting and E-Commerce customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, CHP provides Java chat rooms that meet most users' needs and run without hindering system performance.
Background Running Jobs and Cron Jobs
CHP will allow programs to run in the background. These programs will be considered on an individual basis, most control panels we offer allow scheduled/cron jobs to be setup.
IRC
CHP does not allow IRC or IRC bots to be operated by Web Hosting and E-Commerce customers.
[II] All Cyber Host Pro Hosting Customers
The following apply to ALL CHP customers:
Services
CHP's services include, but are not limited to:
- any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that CHP provides to customers);
- any use by customers, or any access provided to customers by CHP, of computing, telecommunications, software, information, hardware, and equipment;
- any act, or provision of any service, by CHP to customers, related to web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
- any provision by CHP to customers, of any space, Internet connectivity, or electrical power;
- any access or use related to the CHP's web site, including the web site itself;
- any other service mentioned in this policy;
- any other service provided by CHP to customers, whether used or not;
- any other CHP services that are used by customers, whether offered or provided by CHP to customers.
Ownership of Website
The legal owner of customers' web sites and accounts with CHP will be the individual or organization whose name is listed in CHP's database as the owner. Customers will fully cooperate with and abide by any and all of CHP's security measures and procedures in the event of any dispute over ownership of customers' web sites and accounts with CHP.
Cost of hosting
All resellers must charge for costs of hosting, we do not allow FREE hosting to be hosted on our servers. Anyone who is offering free hosting on their websites will be asked to remove this, or be suspended from our reseller services.
Illegal Use
CHP servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing CHP services, all CHP customers certify that they and/or the organization they represent in procuring services from CHP are not, nor have been designated, a suspected terrorist; are not owned or controlled by a 'suspected terrorist'; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Email Services
As apart of shared and reseller hosting, we offer all clients a mail server. The max emails that can be sent out in any single hour is 300 from a domain. For windows hosting customers, all emails from deleted items will be deleted 15 days, Sent Items 30 days, inbox 60 days and spam folder 7 days. however these default settings can be changed. The maximum number of mailbox's that can be created on a single domain name is 150 mail box's. Each email sent must have 70 or less recipients. The total email allowance per domain name is 1024mb. this means all mailboxs together must not exceed 1024mb, however we can increase this to 2048mb if proven more space is needed, this is on a per domain basis.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Viruses and Other Destructive Activities
Use of CHP's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use CHP's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Adult Content
Adult hosting is only allowed on our UK hosting due to hosting laws. All content hosted must be legal.
Child Pornography
The use of CHP's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. CHP is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
Privacy
CHP is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, CHP urges its customers to assume that all of their on-line communications are insecure. CHP cannot take any responsibility for the security of information transmitted over CHP's facilities.
Customer Responsibility
Customers are required to use the CHP network responsibly. This includes respecting the other customers of CHP. CHP reserves the right to suspend and/or cancel service with any customer who uses the CHP network in such a way that adversely affects other CHP customers. While CHP may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, CHP does not monitor its customers' communications or activities to determine whether they are in compliance with the AUP. However, when CHP becomes aware of any violation of the AUP or other user agreements, CHP may take any action to stop or correct such violation, including, but not limited to, denying access to CHP's services and equipment or to the Internet. In addition, CHP may take action against a customer or a customer of such customer because of the activities of such customer. CHP anticipates that customers who offer Internet services will cooperate with CHP in any corrective or preventive action that CHP deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of CHP policy and CHP reserves the right to take any such action even though such action may affect other customers of the CHP customer.
Actions taken by Cyber Host Pro
The failure by a customer to meet or follow any of the AUP is grounds for account deactivation. CHP will be the sole arbiter as to what constitutes a violation of the AUP. CHP reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When CHP becomes aware of an alleged violation of its AUP, CHP will initiate an investigation. During the investigation, CHP may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, CHP may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, CHP will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the AUP if it is illegal, irresponsible, or constitutes disruptive use of the Internet. CHP does not issue credits for outages incurred through service disablement resulting from AUP violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by CHP.
Disk Usage
Diskusage included with Cyber Host Pro hosting plans includes disk space for databases and email.
Indemnification
CHP customers agree to protect, defend, hold harmless, and indemnify CHP, any third party entity related to CHP (including, without limitation, third party vendors), and CHP's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as CHP, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of CHP's services.
Disclaimer
The CHP service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. CHP expressly disclaims any representation or warranty that the CHP service will be error-free, secure or uninterrupted. No oral advice or written information given by CHP, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. CHP and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, CHP may immediately terminate provision of CHP's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against CHP in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL CHP (INCLUDING, WITHOUT LIMITATION, CHP'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS CHP, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING CHP'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR CHP SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY CHP SERVICES EVEN IF CHP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHP'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE AUP OR CHP'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY CHP OR CHP'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Modifications
CHP may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with CHP's services. Certain changes to CHP's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and CHP is not liable, for any and all such personalized applications and content, except as expressly agreed to by CHP.
Backup of Data
Cyber Host Pro provide 100% backups of all services including websites, databases & email. We always recommend you also make your own backups. Restores can be made from your own backups. If you require a restore from our vault this can be done for a cost. Information on this cost can be found in General Information section of our Knowledgebase in our support area.
Third Party Licenses
CHP makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, CHP makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, CHP specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold CHP liable in any way for the revocation of any license, which has been licensed to CHP. The use of the Technologies obtained from or through CHP, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Non-Cyber Host Pro Products
Any mention of non-CHP products by CHP, its employees, or any third party entity related to CHP is for information purposes only and does not constitute an endorsement or recommendation by CHP. CHP disclaims any and all liabilities for any representation or warranty made by the vendors of such non-CHP products or services.
Intellectual Property
Customers will not, without CHP's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on CHP's web site, and customers will not use any of CHP's trademarks, service marks, copyrighted materials, or other intellectual property without CHP's express written consent. Customers will not, in any way, misrepresent their relationship with CHP, attempt to pass themselves off as CHP, or claim that customers are CHP.
Assignment
Customers may not assign or delegate their rights or obligations under the AUP or other agreement for CHP's services, either in whole or in part, without the prior written consent of CHP.
Server Timezone
CHP servers time zone is set to UK GMT.
Databases
CHP has the right to suspend or remove any databases that cause issues and downtime to any of our servers, large databases that require allot of user connections can be hosted on a dedicated or VPS machine.
Governing Law and Severability
The AUP, and any other agreement for CHP services, will be governed by and construed in accordance with the laws of the United Kingdom without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and CHP will take place in UK, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the AUP or other CHP agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the AUP or the agreement will continue in full force and effect.
Waiver and Amendment
Any waiver, modification, or amendment of any provision of the AUP or other agreement for CHP services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of CHP.
Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between CHP and its customers. Each of CHP and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
[III] All Customers Billing Policy
The following Terms of Use constitute CHP's Billing Policy and apply to ALL CHP customers:
Payments
All charges are shown in GBP. We accept Credit card (VISA, MasterCard, Switch, Solo, Electron, Maestro, Delta). All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide CHP your credit card information, you authorize CHP to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with CHP's Billing Policy in the AUP. You are responsible for directly updating, or notifying CHP, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).
Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date. Accounts that are seven (7) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.
Late Fee's
If an account is not paid by its due date. A late fee of 5% will be added to the invoice.
Billing Cycles (Terms)
The Billing Cycle begins on the Plan Activation Date. You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal. Additional items are non-refundable.
Account Renewals
In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
Statements
CHP does not mail paper invoices or statements. Statements can be viewed and printed using our online billing system.
Fees
A £25.00 chargeback fee will be assessed for each credit card chargeback received by CHP.
Hosting Plan Changes
Customers electing to change to a lower priced hosting plan on the same platform will be charged a £29.95 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between the setup fee applicable to your new and former plans.
Cancellations
Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact CHP's Support Desk Team. CHP's customer service representatives will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service. Cancellation requests must be received by CHP a minimum of thirty (14) days prior to the end of your Billing Cycle for dedicated server plans or VPS server plans, and a minimum of ten (5) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by CHP. CHP is unable to cancel your account effective for a future date. CHP will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact CHP as soon as possible.
CHP does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to CHP's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. CHP reserves the right to cancel any account, at any time, without notice, for any reason CHP considers appropriate.
Credit Card Disputes/Chargebacks
CHP has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at CHP's discretion.
Billing/Price Changes
CHP's policies and prices are subject to change with full notice. Any price changes become effective in the next billing cycle, we will notify you via email of this price change prior to the cost being edited.
Money Back Guarantee
CHP's Give all our customers a 7 day money back guarantee on both windows and linux shared hosting and reseller hosting. All other products do not include a money back guarantee. All refunds are prorated. If a free domain name was included with your hosting, then £15 will be kept back from the refund to cover the costs.
Affiliate Program
All Affiliate payments are made soon as you reach £100 You can not claim commission on your own signups and orders.
Free Domain Names
If your hosting plan came with a free domain name, then the domain names are fully registered to the user the same way as it would be if the domain name was purchased. The domain name can not be transferred away from Cyber Host Pro for the first 12 months. Free domain names TLDs are restricted to .com, .net, .org, .biz, .info, .co.uk, .org.uk, .me.uk.