The following terms of service govern the provision by ASPhostUK
of the services and products (hereinafter referred to as "Services and Products")
provided to the customer (hereinafter referred to as "Customer"). By placing
an order either by means of electronic ordering (web order form) or submitting a
written contract, and receipt of such order by ASPhostUK, Customer agrees to be
bound by the terms outlined. No modifications of said contract by Customer is allowed.
Questions or comments regarding this document should be forwarded to ASPhostUK.
If Customer violates these Politics, ASPhostUK reserves the right to suspend account
or terminate Services and Products without notice. ASPhostUK may advise Customer
of inappropriate behavior and any necessary corrective action, however based on
the nature of the violation, could result in immediate termination of service.
1. Customer Responsibility:
1.1. Customer is solely responsible for the content stored on and served by ASPhostUK.
1.2. Customer must provide ASPhostUK with, and keep current, good contact information.
E-mail, fax, and telephone contacts are used, in that order of preference.
1.3. Customer is responsible for any misuse of Customer's account, even if the inappropriate
activity was committed by a friend, family member, guest or employee. Therefore,
Customer must take steps to ensure that others do not gain unauthorized access to
1.4. Customer may not use Customer's account to breach security of another account
or attempt to gain unauthorized access to another network or server.
1.5. Customer must provide photo ID for Shell access.
2. Payments and Fees:
2.1. Establishment of Services and Products is contingent upon receipt of payment
from Customer to ASPhostUK. Subsequent payments are due
on the anniversary date of the month for that month service, unless Customer requests
all monthly payments to be consolidated to one specific billing date. Any setup
fees will be charged full setup fee pricing, and are applied at time of initial
request of such services.
2.2. Payment is due on the defined monthly recurring billing date of each month.
Services and Products will be interrupted on accounts that reach 7 days past due.
Services and Products interrupted for nonpayment is subject to a $25.00 reconnect
charge. Accounts not paid by due date are subject to a $10 late fee. Accounts that
are not collectable by ASPhostUK will be turned over to
an outside agency for collection. If Customer's account is turned over for collection,
Customer agrees to pay ASPhostUK a Processing and Collection Fee of not less than
Fifty ($50.00) nor more than One Hundred Fifty ($150.00)
2.3. ASPhostUK may temporarily deny Services and Products
or terminate this Agreement upon failure of Customer to pay charges when due. Such
termination or denial will not relieve Customer of responsibility for the payment
of all accrued service fees, or any collection fees.
2.4 Account Cancellation: Customer using PayPal can cancel services anytime by cancel
the PayPal subscription. The hosting account will be suspended 12 hours after we
receive notification email from PayPal. For customers pay by credit card, account
cancellations must be made at least 7 days in advance
using online form
with all customer details (i.e. billing & account). Any missing information
may delay the cancellation of your account. ASPhostUK will not be responsible for
additional charges made if missing data is found.
2.5 Charge Backs: asphostuk.net does not allow charge backs to occur to its merchant
account and contracts with VISA/MASTERCARD International, American Express and its
Discover Financial services. It is not recommended to initiate a charge back hence
customer agreed to the Terms And Conditions as outlined in this document and ASPhostUK
will use this document and customers agreement at the time of the order to wholeheartedly
fight a charge back or dispute. If the customer has supplied a valid reason for
a refund, ASPhostUK will gladly apply this refund ONLY if the requirements specified
above are met. Any dispute or charge back attempts will immediately result in suspension
of the web hosting account and another charge will be applied the customers credit
card under the same order/authorization number. Any customer, who provides a credit
card charge back in response to a bill and/or order placed at ASPhostUK, will be
subject to collections and legal action. Charge backs are never an acceptable means
of attaining a refund. By ordering an account you are bound by these terms and conditions
and must follow and agree to them. The following amounts will be applied for all
charge backs: $25.00 Charge back processing fee, $100 penalty for charge back usage.
In addition if collections action is required a 22% collections fee will be assessed
as well for the total amount.
3. Acceptable Uses of Services and Products
Customer may only use Services and Products in a manner that, in the sole judgment
of ASPhostUK, is consistent with the purposes of such Services and Products. If
Customer is unsure of whether any contemplated use or action is permitted, please
3.1. General Abuse
Illegal Activities: 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. ASPhostUK
reserves the right to cooperate with legal authorities and/or injured third parties
in the investigation of any suspected crime or civil wrongdoing.
Harm or Endangerment to other people: Customer shall not use Services or Products
to harm, or attempt to harm, minors in any way, including, but not limited to child
pornography, or transmit any material (by e-mail, uploading, posting or otherwise)
that threatens or encourages bodily harm or destruction of property.1
Copyright or trademark infringement: Customer shall not use Services or Products
to transmit any material (by e-mail, uploading, posting or otherwise) that infringes
any copyright, trademark, patent, trade secret or other proprietary rights of any
third party, including, but not limited to, the unauthorized copying of copyrighted
material, the digitization and distribution of photographs from magazines, books,
or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
Customer shall not use Services or Products to collect, or attempt to collect, personal
information about third parties without their knowledge or consent. Distribution
and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
3.2. CPU/Memory Resource Policy
Resources are defined as bandwidth and/or processor usage. This policy is implemented
to prevent the misuse of our servers. CPU usage on the server where your account
is hosted is regulated as follows. Each account is only allowed to use a maximum
20% of the CPU power/usage at any given time. Maximum database size allowed is 200MB.
Accounts that use above this amount or cause the web server to slow down for any
reason will be asked to reduce the amount of load and traffic or upgrade to a premium
hosting or dedicated server option. Even if the customer upgrades we reserve the
right to lock specific files or scripts that are found to still be overusing the
CPU on their own and notify you of this. If this issue is not resolved promptly
ASPhostUK reserves the right to suspend or terminate an account without a
refund if we feel that an account is jeopardizing our network and hence violating
our TOS. ASPhostUK will remain the sole arbiter as to what constitutes a violation
of this policy.
3.3. 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:
Introduction of malicious programs into the our network or servers (e.g., viruses
Effecting security breaches or disruptions of Internet communication. Security breaches
include, but are not limited to, accessing data of which Customer is not an intended
recipient or logging into a server or account that Customer is not expressly authorized
to access. Disruption includes, but is not limited to, port scans, flood pings,
packet spoofing and forged routing information.
Executing any form of network monitoring which will intercept data not intended
for Customer's server.
Circumventing user authentication or security of any host, network or account.
Interfering with or denying service to any user other than Customer's host (for
example, denial of service attack).
Using any program/script/command, or sending messages of any kind, designed to interfere
with, or to disable, a user's terminal session, via any means, locally or via the
Creating an "active" full time connection by using artificial means involving software,
programming or any other method.
Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization
reporting, or other actions which have the effect of complicating the normal operational
procedures of ASPhostUK, including but not limited to altering, removing or in any
way modifying or tampering with ASPhostUK created log files.
Any action which ASPhostUK determines, in its own judgment, will reflect poorly
on ASPhostUK or negatively impact its operations.
Any action which ASPhostUK deems to be an unacceptable use of resources, business
practice or otherwise unacceptable to ASPhostUK.
3.4. SPAM and Unsolicited Commercial Email (UCE) Policy:
ASPhostUK takes a zero tolerance approach to the sending of Unsolicited Commercial
Email (UCE) or SPAM over its network. Very simply this means that Customer may not
use or permit others to use our network to transact in UCE.
Violations of this policy carry severe penalties, including termination of service.
Violation of this SPAM policy will result in severe penalties. Upon notification
of an alleged violation of its SPAM policy, ASPhostUK will initiate an immediate
investigation (within 24 hours of notification). During the investigation, ASPhostUK
may restrict Customer access to the network to prevent further violations. If Customer
is found to be in violation of our SPAM policy, ASPhostUK may, at its sole discretion,
restrict, suspend or terminate Customer's account. Further, ASPhostUK reserves the
right to pursue civil remedies for any costs associated with the investigation of
a substantiated policy violation. ASPhostUK will notify law enforcement officials
if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $50 and
Customer's account will be reviewed for possible immediate termination. A second
violation will result in an "Administrative Fee" of $200 and immediate termination
of Customer's account. PLEASE, DO NOT SPAM.
3.5. Scripts, Background Running Programs and Cron Jobs
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. ASPhostUK does not permit scripts & programs sharing
with domains not hosted our network or any scripts & programs that may be abused
for UCE purposes.The following scripts are banned because they are either resource
hogs or harmful:
IRC, Game or Chat software
UltimateBBS (all versions)
Ikonboard (all CGI versions)
IRC Egg Drops
Any soap mailers
Auto email capturing script
All hosting accounts at ASPhostUK include a nightly backup service,
however these backups are for administrative purposes only, and are in NO WAY GUARANTEED!
Customer is responsible for maintaining their own backups on their own personal
computers. ASPhostUK does not provide any sort of compensation for lost or incomplete
data in the event that backups do not function properly. We will do our best to
ensure complete and accurate backups, but assume no responsibility for this duty.
Always back your site up to your personal computer! We make no guarantees about
the availability of backups.
4. Money Back Guarantee
Every shared hosting and reseller hosting account ordered from ASPhostUK comes with
a 30 Day Money Back Guarantee. In the event that Customer wishes to cancel Services
within the first 30 days, ASPhostUK will refund fees paid to Customer after deducting
credit card transaction fee. Domain name registration fees, setup fees, add-on service
fees and dedicated server fees, are non-refundable. Refund is not eligible for returning
Customer and Customer sign up with a special coupon.
5. Account Termination
5.1 ASPhostUK reserves the right to refuse, cancel or suspend service at its sole
discretion in the judgment of network administrator that Customer's account is the
source or target of the violation of any of the other terms of the TOS or for any
other reason which ASPhostUK chooses. If inappropriate activity is detected, all
accounts of the Customer in question will be deactivated until an investigation
is complete. Prior notification to Customer is not assured. In extreme cases, law
enforcement will be contacted regarding the activity. Customer will not be credited
for the time the customer's machines were suspended.
5.2. Customer may terminate an account with ASPhostUK, given that the following
provisions are meeting:
Account is in good standing, all payments have been made.
Account does not host content which is not allowed on ASPhostUK servers.
Account has no pending warnings / complaints.
ASPhostUK wishes to emphasize that in agreeing to the Terms of Service, Customer
indemnifies ASPhostUK for any violation of the Terms of Service that results in
loss to ASPhostUK or the bringing of any claim against ASPhostUK by any third-party.
This means that if ASPhostUK is sued because of a Customer's or a customer of a
Customer's activity, Customer will pay any damages awarded against ASPhostUK, plus
all costs and attorney's fees.
7. Miscellaneous Provisions:
A waiver by ASPhostUK of any breach of any provision of this Agreement by Customer
shall not operate as or be construed as a continuing or subsequent waiver thereof
or as a waiver of any breach of any other provision thereof.
Customer shall not transfer or assign this Agreement without the prior written consent
of ASPhostUK. ASPhostUK may assign Agreement at anytime without consent from or
notice to Customer. ASPhostUK reserves right to cancel Customer rights under this
contract at anytime without further obligation.
ASPhostUK takes no responsibility for any material input by others and not posted
to ASPhostUK Network by ASPhostUK. ASPhostUK is not responsible for the content
of any other websites linked to ASPhostUK; links are provided as Internet navigation
tools only. ASPhostUK disclaims any responsibility for any such inappropriate use
and any liability to any person or party for any other person or party's violation
of this policy.
ASPhostUK is not responsible for any damages your business may suffer. ASPhostUK
does not make implied or written warranties for any of its services. ASPhostUK denies
any warranty or merchantability for a specific purpose. This includes loss of data
resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions
caused by ASPhostUK.
8. Revisions to the Terms of Service
ASPhostUK reserves the right to revise, amend, or modify this TOS and its other
policies and agreements at any time and in any manner and any such modification
shall be automatically effective as to all customers when adopted by ASPhostUK and