| This agreement is between Increased Development (The
Provider of the internet services, We), and the client
taking up our services (The Client). In this document we use the
term 'the account' to mean any services or products we supply to The Client, including
but not limited to hosting accounts, shell accounts, domain registration, domain
hosting, email, telnet access, ftp access, domain forwarding, web design and production.
We use the term 'account description' to mean the specification of a web hosting
account, shell account or other which we have sold to The Client. The specification
of the account will have been shown to the client either on our website, in printed
materials, or in verbal or written communication. By logging into your
account, logging into your control panel or placing an order with us, you agree
to be bound by the provisions laid out in this agreement. 1 ACCEPTABLE
USE 1.1 Our web hosting accounts are intended for the purpose of publishing
on the internet for the purposes of business, or personal use. All commercial,
not for profit and personal usages of the account are permitted providing they
do not break the law and are not prohibited by any of the provisions laid out
in this agreement. 1.2 Although our web hosting accounts include telnet
access, it is intended that this telnet or SSH access is used only for the purposes
of managing your website. It is not allowed to use the telnet access as a development
platform, compiling large programs, as a testing platform for software. IRC bots
or daemons are not allowed. Leaving processes running in the background while
you are not logged on is not allowed, and remaining logged on for extended periods
of time while not working in telnet is not allowed. Light usage of crontab is
allowed subject to the following conditions: 1. Processes launched from crontab
will not execute for a period of time longer than 2 minutes 2. Heavily cpu or
RAM intensive programs are not allowed 3. The process does not initiate a TCP/IP
connection of any sort to a remote host 4. On average, no more than one cron job
per day is permitted (this excludes any cron jobs which are setup by The Host,
such as a preinstalled stats script). Note that this provision does not apply
to Shell Accounts. 1.3 Our Shell Accounts unlike our web hosting accounts,
do not have any of the conditions in provision 1.2, but the following terms apply:
The number of background processes is strictly limited to the number specified
in the account description, which is shown to you when you order it. Background
processes may not be heavily cpu or memory intensive. The bandwidth used
by any processes is subject to the bandwidth limit as specifed in your account
description. Any non background process which is memory or resource intensive,
may not run for a period of time longer than five minutes not exceeding a total
daily maximum of 6 hours. We allow for normal web hosting accounts to be
upgraded to a Shell Account subject to a fee which is shown in our price list.
For such an upgraded account, provision 1.2 will no longer apply, and provision
1.3 will come into force on that account. Provision 1.3 does not apply on any
web hosting account that doesn't have Shell Account status. 1.4 The size of
the data stored in the provided EMail boxes and MySQL database is subject to the
diskspace quota as specified in your account description. The usage
of the MySQL database interface is allowed subject to the following conditions:
1) The output generated by an database query is not to load the CPU over 30% nor
take longer then 2 minits to complete. 2) The number of average queries may not
exceed the 60 queries per minit quota on a permanent basis. 1.5 The
following activites are prohibited on our servers: Publishing or storing Pirated
software, publishing or storing pirated music, publishing or storing copyrighted
material where to do so would be in breach of copyright laws, publishing or storing
any form of pornography, publishing or storing any material which violates any
UK laws by doing so. 1.6 Spamming, or sending bulk unsolicited messages
from our server is prohibited. 1.7 Attempting to gain the privileges of
another user is prohibited. Trying to gain access to any resource on our servers
which you are not entitled to access is prohibited. Any attempt at hacking our
servers will result in account termination. 1.8 Upon termination of The
Clients' account, all data in The Clients account will be deleted. It is The Clients
responsibility to make sure he has a copy of his or her data. 2 ACCOUNT
TERMINATION 2.1 Violation of any of the provisions by The Client is
grounds for account termination. 2.2 We reserve the right to terminate
any account that is used to publish extreme political or social views, at our
disgression. 2.3 We reserve the right to terminate any account that is
used to publish material that we consider to be of a defamatory or menacing character.
2.3 If any person makes a complaint about material published using The
Clients account, and we agree that the material is of an extremely objectionable
nature, we reserve the right to terminate that account. 2.4 The Client
may at any time provide notice that he wishes to terminate the account. However,
the account will not be considered terminated until the end of the contracted
period, which may be 3 months,1 or more years. The contracted period is stated
clearly at the time of the order. 2.5 No refunds will be paid upon termination
of the account, whether the termination is due to cancellation by The Client,
or due to violation of any of the provisions in this agreement. 3 PAYMENT
& BILLING 3.1 Payment for services is to be forfilled before processing
of your order. Placing an order without payment for services or products does
not guarantee that those services or products will be supplied to The Client.
If the payment is not provided to The Provider the order for The Client will not
be processed. 3.2 Legal ownership and title to any services or products
supplied to The Client does not pass to The client until The Client has paid for
the services or products in full. 3.3 If an invoice remains unpaid for
more than 30 days, we reserve the right to suspend The Clients' account, and/or
to temporarily withhold the product or service that remains unpaid. 3.4
If an invoice remains outstanding after 45 days, we reserve the right to terminate
The Clients' account, and to withold the product or service that is unpaid. For
outstanding amounts over 45 days we charge a 4% interest per month over the total
amount (incl. VAT) with a minimum of 10 EURO. 3.5 If a cheque from The
Client is refused by our bank, we reserve the right to charge The Client a administration
fee of 10 EURO per cheque. 3.6 VAT is not included to any of our prices.
For clients from the Netherlands the 19% VAT will either be added in the order
process or by one of our salescontact in the corresponding dialog. 3.7
The Clients account will be billed either quarterly or annually, dependant upon
which billing frequency they selected when ordering the account. In the case of
some types of domain names, these will be billed bi-annually. The Client will
make payment to us by either cash, bank transfer or credit card. When making a
payment by bank transfer, the reference code we supply must be given as the transaction
reference code. When paying by credit card the reference code must be supplied
as a subject or comment field. 3.8 When forfilling payment by banktransfer
The Client will forfill any additional charges, during the submission, to process
the bank transfer in full without any additional charges to The Provider.
4 DISCLAIMER 4.1 We are not liable for any losses or
damages to any party caused by The Clients use of their account. The Client fully
indemnifies The Host against any losses or damages caused to persons or property
as a result of The Clients or any third parties use of the account. 4.2
The Client is solely responsible for their account, and The Client is solely responsible
for any use of The Clients account by a third party. Any losses or damages caused
by third party uses of The Clients' account are the responsibility of The Client.
4.3 We are not liable for any legal breach, publication or storage of illegal
material or illegal activity which occurs by The Clients use of the account.
4.4 While we take measures and precautions to keep our servers and systems
secure from hackers, we do not guarantee that a hacking incident will not occur
on our servers and systems, and we are not liable for any data loss, or disruption
to service caused by a hacking incident. 4.5 Although we endeavor to maintain
the highest possible uptimes of our servers and systems, we do not guarantee 100%
uptime. Our target is to maintain better than 95% average uptime, although we
do not guarantee to achieve this, or offer compensation or refund if our uptime
for any period of time falls below this. Remember that maintenance activites required
the server to be rebooted causing the uptime to fall. However, if in any calender
month the average uptime of The Clients websites, email, or ftp falls below 90%,
we will refund that months hosting fees (domain registration, setup or domain
forwarding fees not included in the hostingplan will not be refunded). 4.6
We may at times provide or recommend third party resources to The Client for their
use. We are not responsible in any way for such resources, we offer them only
for the purposes of assisting The Client, and will not be liable for any loss
or damage caused by the use of such resources. 4.7 We do not guarantee
that any data The Client stores or publishes on our servers and systems will be
backed up. The Client is expected to keep backups of his own data. In the event
that The Clients' data becomes erased or damaged on our servers for any reason,
we do not guarantee that we can restore the data. We expect the client to be able
to restore such data. 5 CHARGES 5.1 If The Clients' bandwidth
use exceeds his account quota as stated in the account description, The Client
will be liable to pay for bandwidth usage above his quota at the rate of 1.60
EURO per 100 MegaBytes block (1MB is 1024 KiloBytes). Payment of this fee would
be due within 30 days from the date we notify the client either by order system
or sales dialog. 5.2 In the event that the fees incurred as a result of
The Clients' account exceeding its bandwidth quota, amount to more than double
the allowed quota, we reserve the right to suspend The Clients' account until
payment of the fees is reived. 5.3 If The Client fails to pay the fees
incurred as a result of The Clients' account exceeding its' bandwidth quota after
30 days, we reserve the right to terminate The Clients' account. 5.4 If
The Clients' diskspace use exceeds his account quota as stated in the account
description, The Client will be liable to pay for diskspace usage above his quota
at the rate of 0,45 EURO per 1 MegaBytes per month. Payment of this fee would
be due within 30 days from the date we notice the client. However we may at our
disgression allow The Client to pay the amount in his next months bill, but by
doing so we do not waive any of our rights under this agreement. 5.5 In
the event that the fees incurred as a result of The Clients' account exceeding
its' diskspace quota, amount to more than double the allowed quota we reserve
the right to suspend The Clients' account until payment of the fees is received.
5.6 If The Client fails to pay the fees incurred as a result of The Clients'
account exceeding its' bandwidth quota after 30 days, we reserve the right to
terminate The Clients' account. 5.7 If The Client purchases any extra products
or services from us, after ordering an account from us, such extra products or
services are considered part of the account, and this agreement fully applies
to them. Such products and services will be charged for at the rates advertised
to The Client by us. 6 PRIVACY 6.1 Any personal information
provided to us by The Client, will be used solely for the purposes of managing
The Clients account, and for procuring any products or services ordered by The
Client. We will not distribute The Clients personal information, land address
or email address to any other company without The Clients' permission. We will
take all reasonable measures to prevent The Clients data from being obtained from
us by a third party. 6.2 We will not use The Clients' email address or
land address in any bulk mailings, unless The Client has requested to receive
these mailings. We make two exceptions to this, which are that we may send emails
and/or letters to The Client in connection with the administration and billing
of The Clients account, and secondly, that we may from time to time send out emails
or letters to The Client in regard to system downtime, disruption to service,
or any other matter which we feel is sufficiently urgent. 6.3 If a law
enforcement authority requests that we provide them with any information pertaining
to The Client, and has jurisdiction and warrant to do so, we will provide them
with the information they request. 7 DOMAINS 7.1 All domains
are subject to the terms and conditions as given by the top registrar of that
domain type, either it beeing a Global TLD or an Country Code TLD. Links to the
domain registration agreements can be found on this webpage: http://www.dnrpanel.com/index.php?content=conditions
7.2 If a domain registration is cancelled by the domain registration authority
responsible for administrating domains of that type, we will not pay any refund
for such a cancelled domain, and we will not in those circumstances be able to
assist in any way. We are not responsible in any way for the cancellation, it
is a matter between The Client and the domain registration authority. 7.3
We will not transfer a domain to another isp, or change the nameservers or domain
forwarding, or other domain registration information unless we have received full
payment for the domain. 7.4 The domain will remain the property of The
Host until it is paid for in full, at which time ownership of the domain passes
to The Client. 7.5 Although we use the term 'ownership of the domain',
the domain registration authorities alone own domains, everyone else is effectively
leasing the domains from them. 7.6 Domains can be transferred to us, or
transferred away from us at no charge, subject to provision 7.3, with the exception
of several domains wich shall be stated during your order process.. We will make
any requested changes to the registered details of domains, of the gTLD .com .net
and.org, we are administrating for The Client at no charge, also subject to provision
7.3, with the exception of several domains wich shall be stated during your order
process.. 7.7 We may provide a domain control panel to The Client, this
control panel is considered part of 'the account' and is subject to the provisions
laid out in this agreement. By logging in to the control panel, The Client agrees
to be bound by the provisions laid out in this agreement. 7.8 Thirty days
before a domain is due for renewal, we will send The Client a renewal reminder
and request for renewal payment by email. If The Client does not respond to this
within two weeks, we will attempt to contact The Client by any other means such
as telephone or letter. If we still are unable to contact The Client, or are unable
to recover the renewal payment, we will allow registration of the domain to lapse,
and the domain will become unregistered and available for registration to the
general public. 7.9 We expect The Client to inform us of any change in
email address, land address, name, company name, and any other information which
is held as the registered details of a domain. If we do not hold the correct information
due to The Clients' failure to supply it to us, we cannot be held responsible
for being unable to send a renewal reminder to The Client, or for being unable
to renew the domain. 8 GENERAL 8.1 We expect The Client to
supply us with his correct contact information. This information includes real
name, land address, email address. 8.2 The specifications of our products
and services may vary from time to time. We will endeavor to keep our website
up to date with product information and descriptions. If we supply a product or
service to The Client which varies significantly from the advertised product or
service, The Client is entitled to a refund. 8.3 Our prices may vary from
time to time. The prices on our website will always be correct and up to date,
any product or service ordered from our website will be charged at the price advertised
on our website at the time of the order. Any product ordered by telephone or mail
will be charged at the price listed on that months printed pricelist. The prices
in our printed pricelists are valid for 30 days. 8.4 We may at any time
vary the terms and conditions set out in this agreement. The amended terms and
conditions would be effective on existing accounts 30 days from the date that
we notify The Client of the amended terms. If The Client is dissatisfied with
the amended terms and conditions, he has the option to terminate his account and
this agreement. In that case, we would refund any fees already paid in respect
of the remaining period of the contract. 9 WARRANTY 9.1 We
provide a warranty that any products or services we provide to The Client are
as described on our website and promotional literature, that they will function
in the manner described, and that they will continue to operate for the amount
of time stated. 9.2 If any product or service subject we provide fails
provision 9.1, The Client is entitled to a replacement, or if that is not possible
or practicable, a full refund excepting failure and cancelation by the side of
the domain registration authority (provision 7.2). 10 If any provision
of this agreement is held to be invalid or unenforcable, it shall be deemed severed
from the Agreement and this shall not affect the validity or enforceability of
the remaining provisions. 11 This agreement shall be governed by and construed
in accordance with the laws of The Netherlands and the parties submit to the exclusive
jurisdiction of the Dutch. |