Terms and Conditions of Service
Cymnet and PND Services agree to provide, and the Client agrees to receive, access to Web Hosting and related Services in accordance with our Privacy Policy and the following Terms and Conditions of Service:1.0 Interpretation
The headings in this document are for convenience only, and shall not affect the interpretation of these conditions.In this document, the masculine gender shall include the feminine, and the singular the plural, and vice versa, and unless otherwise stated the following definitions shall apply:
- "we", "us", and "our" are references to Cymnet and PND Services.
- "you", "your", "customer", and "client" are references to the person, individual, body corporate, unincorporated association or partnership who is applying to receive or is receiving services from us, having entered into this agreement.
- "services" are web site hosting, domain registration, support, email or any other service or facility provided by us to you.
- "server" is the computer and associated network equipment used by us to provide services to you.
- "order" means a request made by you to us for services to be supplied subject to these conditions.
- "charges" are the charges payable by you for the services provided by us. Details of our charges can be found on http://www.cymnet.co.uk, and may vary from time to time.
- The words "include" and "including" are to be construed without limitation.
2.0 Order Acceptance
Your order or request for services has not been accepted by us until we send you a "welcome to Cymnet" email. This email will specifically confirm that your order has been accepted, and your hosting account setup. Your "welcome to Cymnet" email will also contain important information about your account, including your login for cpanel. Until we send you a "welcome to Cymnet" email, we reserve the right to refuse or cancel your order. If we refuse or cancel your order, a full refund will be made using the same method as was used for the original payment.3.0 Payments and Invoicing
3.1 Payment schedules: You agree to supply payment in advance and in full for any services ordered from us.3.2 Invoices: We will send all notifications, payment requests, payment reminders, and invoices to the email address shown in your account details in the Client Area of our web site. You can update your contact email address at any time by logging into our Client Area. It is your responsibility to ensure that your contact email address is current and able to receive emails. We cannot be held responsible for any difficulties that may result from this information being out of date.
Your account history, and copies of all invoices generated can be viewed by logging into our "Client Area".
3.3 Invoice Date: This is the date we generated the invoice, and is clearly shown on all our invoices. All invoices must be paid in full within 7 days of the invoice date.
3.4 Due Date: This the date by which the invoice must be paid in full. The due date is seven days after the invoice date. Any invoice not paid by the due date is overdue.
3.5 Overdue Invoices: If you fail to pay an invoice within 28 days of the due date, a 10% late payment fee will be added to your account. If you fail to pay an invoice within 35 days of the due date, your account will be automatically suspended.
3.6 New Orders: All invoices for new orders must be paid within 7 days of the date the order was placed, or we reserve the right to cancel the order.
3.7 Declined and Reversed Payments: If payment for services ordered or requested is declined or reversed by Paypal, your bank, or your credit card company, we reserve the right to terminate your account without further notice.
3.8 Bank charges: You are entirely responsible for ensuring that there are sufficient funds in your bank account when payment is applied for services you have ordered from us. We can not be held responsible for any charges incurred as a result of the overdrawing of your bank account or credit card limit, or as a result of failed transactions.
3.9 Currencies: All orders are accepted, and invoices and payments processed in GB Pound Sterling (£) only. If you wish to pay an invoice by cheque, please note that we are only able to accept cheques drawn on UK banks.
4.0 Charges and Fees
We reserve the right to increase from time to time the fees charged for the services we provide. Any increase in fees charged will apply immediately to new orders or service upgrades. Fees for existing accounts will only be increased when we next invite you to renew your hosting account.5.0 Package Resources & Server Access
5.1 Server & Data Centre Access: You accept that the services we provide do not include any right of physical access to the server hosting your account, and do not include any right of access to the data centre where the server hosting your account is located.5.2 Package Specification: You are solely responsible for ensuring that the specification of the hosting package ordered is appropriate for your requirements.
5.3 CPU & Memory: All accounts are monitored for their use of server resources. If your hosting account appears to be using a higher than average amount of server resources, we will contact you to discuss the situation. In serious cases we reserve the right to suspend your account without notice, prior to contacting you, if this is necessary to maintain the smooth running of the server,
5.4 Data transfer: The maximum permitted data transfer per month depends on the hosting package ordered. If you exceed the prescribed limit for your account, we reserve the right to make an additional charge for the extra resources used. If you exceed the prescribed monthly bandwidth limit on a regular basis, we will ask you to upgrade to a hosting account more suited to your needs. Please be aware that in some cases, accounts are automatically suspended when their agreed resource limits have been reached, and manual intervention is required to make them operational again.
6.0 Intellectual Property Rights
6.1: You do not acquire any intellectual property rights to any software used on the server or otherwise associated with the services we provide. You are therefore not permitted to modify, reverse engineer, or make any changes to such software that might be considered to be an infringement of Intellectual Property Rights. If you fail to comply with this condition, we will hold you liable for any costs we may incur as a result of your action.6.2: If your hosting account includes the licensed use of software owned by third parties, you must agree to comply with their licence conditions.
7.0 Availability of Service
7.1: From time to time it may be necessary for us or our suppliers to carry out essential server or network maintenance. When ever possible we will endeavour to provide reasonable notice of such planned maintenance via our Support Forums. However this may not always be possible. Hardware failures, file system checks and reboots can sometimes result in unwelcome and unplanned server downtime, and we can not be held responsible for any loss you may incur as a direct or indirect consequence of such outages.7.2: All our hosting packages are based on shared hosting. Server performance will vary depending on the amount of server resources being used by all users at any given time, and on the use you make of your own hosting package. We can not therefore be liable for transient reductions in server performance.
8.0 Misuse of Our Services
8.1 Spam / Unsolicited Mass E-mail: The sending of unsolicited emails (SPAM) through our servers promoting any service or web site, or through third party servers promoting a web site hosted by us, will result in the suspension or termination of your hosting account without refund.Mailing lists are permitted provided subscribers are able to choose whether they wish to subscribe to your mailing list via clear "opt in" methods. You must also include a strict removal procedure in all mailings. "Safelists" and other advertising related mailing lists may not be operated. Any complaints received are taken seriously and will be fully investigated.
8.2 Chat Rooms: Only the chat room scripts currently available for install from within cPanel are permitted. Any other "Chat Room" scripts found will be disabled. In serious or repeat cases we reserve the right to suspend your account.
8.3 Account Use: Our servers must not be used for the hosting or communication of, reference to, or linking to any of the following:
- Distribution of torrent files and other files related to download distribution (trackers, etc)
- HYIP / High Yield Investement Programmes
- Pirated software and files.
- Any material which is of an "adult" nature, including nudity, pornography, or anything of a sexual, lewd, or obscene nature.
- Any material that breaches the rights (including Intellectual Property Rights) of any third party.
- Threatening, abusive, harassing, or defamatory statements.
- Any material that is or seeks to encourage a criminal act.
- Material that contains any virus, worm, Trojan horse or other harmful code.
- Speech or propaganda likely to promote or incite hatred of any other individual or group of individuals.
- The collection of personal information for illegal purposes.
- Links to, frames or displays of any of the items listed above.
- phpSitemapNG - Google sitemap creator
- UltimateBBS
- IkonBoard
- All versions of YABB forum
- CGI-Proxy, Anonymizer and all other Proxy scripts
- IRC scripts
- Anonymizer
- Chat rooms not included as standard in cPanel (see 8.2)
- phpShell and similar command execution scripts
- Webmail and eGallery modules of PHP-Nuke
- "Matt‘s" FormMail
9.0 Account Suspension & Termination
We will be the sole arbiter as to what constitutes a violation of these terms and conditions. If you fail to meet or follow any of these terms and conditions, we reserve the right to consider that grounds for account suspension or termination.If these terms and conditions are breached, we will at our sole discretion determine whether this is a serious or minor breach. If we consider it to be a serious breach, we reserve the right to suspend your hosting account, or disable any part of it, before contacting you. In the event of a minor breach, we will make an attempt to contact you using the email address shown in your account details in the Client Area of our web site. Unless we receive a reply within 3 days, we will automatically escalate the status of the breach to a serious breach, and may suspend your account.
If we are subsequently unable to resolve any breach of these terms and conditions to our satisfaction, we reserve the right to terminate your hosting account.
If we terminate your hosting account, no refund will be made in respect of any domain registration services that we have provided.
If you are on an annual payment schedule and we terminate your hosting account for any reason other than a breach of these terms and conditions, a pro rata refund will be made. This will be based on the equivalent monthly charge for remaining full months of your annual payment schedule. A pro rata refund will only be made if the calculated refundable sum exceeds £10.00.
If we terminate your hosting account as a result of a breach of these terms and conditions, no refund will be made.
We can not be held responsible for any losses you incur if your hosting account is suspended or terminated as a result of you breaching these terms and conditions.
10.0 Notice
We will consider any notice we give to have been duly delivered one day after sending an email to the email address shown in your account details in the Client Area of our web site. You can update this at any time by logging into the Client Area. It is your responsibility to ensure that this email address is current and able to receive our emails. We cannot be held responsible for any problems that may arise if you do not keep this information up to date.11.0 Sensitive data
You are responsible for keeping your hosting account password safe. This is the first line of server security. If you suspect someone else knows your password, please change it immediately. Choose a new password with care. Please use a mixture of numbers, small letters, and capitals.Choose all other usernames and passwords associated with your hosting account with care. Please use a mixture of numbers, small letters, and capitals.
12.0 Limitation of Liability & General Terms
12.1: Whilst the data held on our server is backed up on a regular basis, we offer no guarantee of any kind as to the availability or integrity of these backups. You are therefore strongly advised to regularly download your own backups of all account files and databases using the facility provided in control panel (cPanel).12.2: We are not responsible for any claimed damages, resulting from our servers going offline, or being unavailable for any reason. This includes damages resulting from the corruption or deletion of data. You agree to indemnify and hold us and our employees and suppliers harmless from any claims, damages, including but not limited to consequential damages resulting from the use of services we provide which damage you or any other party.
12.3: You must comply in a timely fashion with any announcements or requests we post in our Support Forums.
12.4: You are entirely responsible and liable for all activities conducted using the server resources allocated for your hosting account and hosting package.
12.5: You must fully comply with your obligations under the Data Protection Act 1998 and under other relevant UK laws or EU Regulations.