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Terms Of Service

 

- Click Here to read our Acceptable Use Policy

 

1.0) Introduction
The following Terms of Service, Acceptable Use Policy and accompanying policies (collectively the "TOS", "contract" or the "Agreement") constitute a binding, legal agreement between Shout Hosting (The "Company", "us" or "we") and the customer (the "Customer" or "you") which shall govern the terms and conditions of services provided by the Company. The Company agrees to provide services to the Customer in accordance with the terms and conditions set forth in the Agreement.

 

The following Terms of Service apply to ALL accounts on teh Shout Hosting network, All previous versions of our terms should be considered as null and void.

 

1.2) Jurisdiction.
This contract and agreement shall be governed and construed in accordance with the Laws of England, United Kingdom, and the parties submit to the non-exclusive jurisdiction of the Courts of the said Country.

 

2.0) Order Acceptance

Subject to the terms of this Agreement, and upon passing a fraud check performed by maxmind, Shout Hosting agrees to provide the services described within the client Order.

 

All new accounts will be reviewed for accuracy which will included the validation of any personal details that are submitted to us during registration. We may refuse and refund orders where we deem the order to be too high a risk, where we believe the documentation or details provided are not legitimate.

 

2.1) Contract basis
All services are provided on an 'easy out' basis. Clients may terminate their account(s) at any time BUT must do so in writing. The minimum contract period is one (1) month. The contract and billing period start from the date that any service was ordered and will proceed on monthly basis.

 

Clients acknowledge that their account will be charged each month until a termination notice has been issued , in writing, by the client. Termination requests must be made 48 hours BEFORE an invoice is generated. All invoices created will remain payable

 

3.0) Account Setup / Email on file
All accounts are activated upon receiving the first service payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.

 

Customers agree to supply genuine contact details which must include the name of the account holder, a current address with a postcode and a telephone number.

 

Shout Hosting reserves the right to seek confirmation of such details by using an email that will require a response or by contacting the account holder by telephone. Confirmation may be requested at any time. Failure to receive confirmation will result in the immediate termination of an account and the registered user being blacklisted.

 

4.) Content
All services provided by Shout Hosting may only be used for lawful purposes. The laws of the UK Applyto all of our members.

 

The customer agrees to indemnify and hold harmless Shout Hosting from any claims resulting from the use of our services.

 

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. Account owners must not use registered logos and tradmarks of any other business unless they have written permission to do so. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account.

 

If you believe that your copyright or trademark is being infringed upon, please emailour abuse team at abuse@shouthosting.co.uk.

 

Shout Hosting may terminate any account, without notice, where there is evidence of copyright violation.

In all such cases Shout Hosting will also retain the personal contact details of an account that is in violation and will produce this upon request by the copyright owner or legal team

 

The following content is strictly prohibited on our servers.

 

IRC Bots, Proxy Scripts Anonymizers, FTP software, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, actual denial access monitors, Movie Steaming (similar to youtube), commercial audio streaming (more than one or two streams), Escrow, Picture or file sharing scripts, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

 

Pornographic content of any description is strictly prohibited on any of our servers.

 

Any site found to host child pornography or linking to child pornography will be terminated immediately, A full backup of the site and contact details of the account will be retained and passed to the Police.

 

Potential harm to minors is strictly forbidden this includes but is not limited to child pornography or content perceived to be child pornography (Lolita):

 

Cloud software is also not permitted.

 

Online Games websites are not permitted on our server. This includes games scripts of any language.

 

Resellers/Master reseller may not use our server to offer a free hosting service. We reserve the right to terminate any account found to be in breach of this.

 

Clients may NOT use our service as a backup/storage device, with the exception of one cPanel backup of the same account.

 

Failure to respond to email from our abuse department within 48 hours will result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

 

If in any doubt regarding the acceptability of your site or service, please contact us at support@shouthosting.co.uk

 

Using a website for phishing or viral attack purposes is illegal and strictly prohibited. Any website found to breach this condition will be terminated and reported without to the police. In any such event, we reserve the right to disclose your personal details to the Police or law enforcer. We will also terminate the account and retain a full backup for use as evidence

 

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

 

4.1) Account Checks
Shout Hosting reserve the right to complete random account checks on an on going basis. The aim of such checks is to ensure that clients are not hosting any illegal content.

 

Should any illegal content be found, Shout Hosting reserves the right to terminate the account without notice. In such cases we will retain a full backup of the site to be passed on to the police. The clients will NOT be offered the backup nor will they be offered a migration period.

 

5.) Zero Tolerance Spam Policy
We will not condone SPAM of any kind on our server.. "Safe lists" and "double opt-in" will also be treat as spam. Any user who sends out spam will have their accountsuspended and then terminated with or without notice.

 

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

 

Shout Hosting will NOT offer any alteration or correction period to any account holder involved in spamming. The account WILL be terminated

 

5.1) Payment of services.
Shout Hosting supplies all services on a month to month basis. All fees for Services provided by shout hosting are due in advance of any service being supplied.

An invoice for Services due will be generated on your account and sent to your primary account e-mail address seven (7) days prior to your actual due date. Upon an invoice being generated, the Customer must login to their members panel and make full payment of all due amounts. It is the Customer's responsibility to ensure that full payment is received prior to the designated invoice due date.

 

Members acknowledge that account credit can not be moved between accounts.

Members agree that until you notify Shout Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis and that the client will remain responsible for all subscription fees that your account incurs.

 

5.2) Late/Failed Payments
Should we not receive full payment on any given invoice before the designated invoice due date, the Customer's account will become delinquent. All services connected to the delinquent accounts are subject to immediate suspension.

 

Any member that fails to pay for their hosting by the due date that is outlined within their invoice will have their accounts suspended and a late payment fee of £2.99 will be charged.

 

All invoices that remain unpaid after 4 (4) days of the designated invoice due date (with or without communication) will be removed from our system.

 

The customer acknowledges that Shout Hosting can NOT retrieve any site data once it has been removed from our system..

 

We also reserve the right to pass account in arrears to a Third Part Collections agancy. The collections agency used Shout Hosting may vary from time to time. If civil litigation is deemed necessary to collect a past due balance, the Customer agrees to pay all of our court and solicitors fees, in addition to the collections fee, original amount due, and any reconnection charges. The Customer agrees to a place of venue of the Company's choosing.

 

Shout Hosting will issue invoice reminders and overdue notices before termination of any account is made.

 

5.3) Termination requests
Members may terminate their account at any time. Members must contact support via email and inform us of such desire. Once we receive your cancellation email and have confirmed all necessary information with you via e-mail, we will inform you that your account has been cancelled. If you do not hear back from us or receive an e-mail confirming this cancellation within 12 hours, please contact us immediately.

 

As a client of Shout Hosting, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time.

 

Invoices that have been paid more than once with multiple Paypal Subscriptions will not be refunded. This will instead be held as credit and can be used to make future payments.

 

6.0)Backups and Data Loss
All backups are the responsibility of the client.

 

Shout Hosting will supply the facility for clients to make their own backups within the cPanel control system. All hosting members have access to cPanel

 

Shout Hosting do make weekly backups of the server but we supply no promises or warrenties that they will be fully working. Such backups are retained for server restoration purposes. Clients may request a backup of their site be restored from our backup and that it will cost £10.

 

6.2)Network Servers
Shout Hosting provides web hosting services by using a VPS system that is rented from a third party provider. By using our services members acknowledge that Shout Hosting does not accept any responsibility for any data loss that is caused by one of our network servers becoming unavailable. Shout Hosting does not physically own the servers that are used to provide our services and as such have no physical access to it.

 

The customer acknowledges that Shout Hosting does not offer any kind of compensation in the unlikely event of website data being lost due to a network closure. Please see topic 6.0

 

7.) Cancellations and Refunds
Shout Hosting reserves the right to cancel the account at any time with or without notice.

 

Customers may cancel at any time but acknowledge that. Shout Hosting will not issue a full or partial refund for any service that has already been supplied.

 

Members acknowledge that any paypal dispute opened AFTER services have been supplied will be classed as a deliberate act of theft. All such cases WILL be reported to the UK police and we WILL seek damages for any costs that we incur as a result of such actions.

 

Members acknowledge that we do not supply full or part refunds once an account has been activated. This applies to both monthly and yearly payment plans.

 

Violations of the Terms of Service will result in termination of your account and no refund will be issued.

 

8) INODES
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

 

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.
The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here

 

9.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

 

10.) Uptime Guarantee
If your shared server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Shout Hosting dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact support@shouthosting.co.uk with justification. All requests must be made in writing via email.

 

This excludes scheduled maintenance, reboots, self-inflicted downtime, acts of God, backbone issues, DDoS attacks, hardware failure, downtime on individual servers, service failures, labour strikes, or other conditions out of the company's control.

 

11.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. Shout Hosting does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security/privacy purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Shout Hosting will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

 

Resellers & master reselers may NOT sell any service described an unlimited or unmetered.

 

12.)Support Policy
All services provided by Shout Hosting to the customer are "unmanaged". Shout Hosting is not obligated to assist or provide technical support for any software issues. The company will have the sole decision on what constitutes a software issue.

 

For the purposes of sales questions, billing enquiries and technical support related to the server hardware or network, the company provides access to a support helpdesk & Knowledgebase accessible from the clients control panel.

 

12.2) Support Abuse
Abuse of any kind directed towards our staff or network staff will never be tolerated. If you are disrespectful, use foul language, threaten us, or do anything else we may find offensive, you will be considered in severe breach of this agreement. Violations of this policy carry heavy penalties including, but not limited to, warning, extended suspension or disconnection of all Services provided. No refunds will be offered in the event that any account is cancellation due to abuse received.

 

13.) Service Alterations

Shout Hosting reserves the right to amend any services supplied without notice. Where a service alteration has been applied Shout Hosting will provide an alternative option of similar value or use."

 

14.) Intellectual property
All information, pictures and logos are the Intellectual property of Shout Hosting. We do not permit the reproduction of any of our property in anyway And Dont Allow Misuse of it too The website url of www.shouthosting.co.uk is also owned by Shout Hosting and may not be used by any third party for any purpose. The only exception to this is where a Sub-domain has been provided and is attached to an active account. However, Shout Hosting retains all ownership right to any such subdomain.

 

Shout Hosting will seek the recovery of damages should this policy be infringed upon. Infringment charges will be depend upon the level of the Intellectual property breach.

 

Shout Hosting does not supply any form of resell rights to any websites that it may produce. All scripting, templates and updates are the property of the original Intellectual property rights owner an must not be reproduced without written consent.

 

15.) Fair Usage Policy

Our acceptable use policy is actively and strictly enforced. Offending content or users are removed from our network, usually as soon as they are discovered, if such offences cause server problems we reserve the right to remove the account without notice.

 

Software downloads may only be hosted if it is smaller than 100MB in total per domain. You must also be the copyright owner of the software; all other software including freeware, shareware and trial software are forbidden

 

The hosting, storage, downloading or distribution of mp3, mp4, wma, avi, mpeg and/or any other form of music and video files are strictly forbidden on our servers. The only exception to this will apply if you are the owner of the original media content and have consent to distribute it, a maximum of 100MB space and 350MB bandwidth per account per month will be allocated for this legal media content.

 

Misuse Of Resources - Including but not limited to applications which consume excessive CPU time, memory or storage space. Chat/IRC, web proxy and mailing list scripts are strictly prohibited on our network.

 

It is deemed as unfair usage if a user/account/domain exceeds 5% of the server space/bandwidth/CPU usage. All content and bandwidth used (including unmetered accounts) must be for web content only. Misuses of CPU resources are classed as the server load exceeding 2.0 at any given time for any one domain name account.

 

resellers are trusted not to oversell their space to an extent that it effects our server. Resellers abusing this will be terminated if an agreement can not be made

 

bandwidth restrictions will be put into place if we deem the usage to be excessive and effecting other server users. This includes "unmetered" users and capped users as a whole.

 

accounts which exceed 300mb in total, weather the accounts is part of a restricted or unmetered package must be agreed by Shout Hosting prior to the content being uploaded. Failure to do this could result in the account being removed without prior notice for breach of contract.

 

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.

 

Unmetered users will have their accounts strictly monitored; account content must not break these terms and conditions, risking account termination if this policy is broken.

 

16.) End User Statement
As the registered account owner, the client (you) is deemed to be the end user. This means that you are soley responsible for any content that appears on your website. Clients should ensure that they either own all rights to the content displayed on their websites or have signed permission from the rights owners.

 

Members also confirm that they are 18 years of age or older

 

Ownership of any account on the Shout Hosting network is non transferable.

 

17.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Shout Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Shout Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Shout Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Shout Hosting; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Shout Hostings server.

 

Under no circumstances shall Shout Hosting be held liable for damages resulting from any interruption of service for an amount greater than the amount of the charges payable by the Customer for services during the period damages occurred. Customer also acknowledges that in no case will Shout Hosting be liable for damages as a result of its own negligence in excess of the charges payable by the Customer for services during the period damages occurred. Customer acknowledges that they make use of Shout Hostings services and facilities at their own risk.

 

18.) Disclaimer
Shout Hosting shall not be responsible for any damages your business may suffer. Shout Hosting makes no warranties of any kind, expressed or implied for services we provide. Shout Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Shout Hosting and its employees.

 

19.) Disclosure to law enforcement
Shout Hosting may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with ALL law enforcement agencies.

 

20.) Changes to the TOS
Shout Hosting reserves the right to revise its policies at any time without notice. Clients acknowledge that they accept our displayed terms and conditions each time they make a payment.

 

21.) Our address
Napodano catering services, 45 costa Sstreet, Middlesbrough. TS1 4PH