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Acceptable Use
Policy (AUP) and Terms of Service (TOS)
Scotia Charms
Limited trading as Ecosse-Online issues this document.
The company shall be known throughout this document as
Ecosse-Online.
Ecosse-Online agrees to provide the client web hosting
for a monthly/annual fee. Ecosse-Online will never
require clients to advertise for Ecosse-Online on their
website in any way shape or form unless agreed upon such
as a non-profit organization receiving complimentary
hosting. Clients are allowed to use the service for
business/commercial or personal websites or content.
Content:
All services provided by Ecosse-Online may be used for
lawful purposes only. Transmission, storage, or
presentation of any information, data or material in
violation of any United Kingdom (or any other country)
law is prohibited. This includes, but is not limited to:
copyrighted material, material that is threatening or
obscene, material that is "adult only" content, or
material protected by trade secrets and other statue.
The subscriber agrees to indemnify and hold harmless
Ecosse-Online from any claims resulting from the use of
the service which damages the subscriber or any other
party.
Adult Content:
Pornography and sex-related merchandising are prohibited
on any server. This includes sexual content, or direct
links to adult content elsewhere. This is also true for
sites that promote any illegal activity or content that
may be damaging to our servers or any other server on
the Internet. Links to such materials are also
prohibited. Ecosse-Online will be the sole arbiter as to
what constitutes a violation of this provision.
Examples of non-acceptable content or links:
- Pirated software
- Hacking programs or archives
- Warez Sites
- Porn
- Spam and Spamming Software
Background-running Programs:
We do not allow background-running programs. This
includes any IRC related software such as bouncers and
bots. We provide a hosting service not a shell service.
You are not allowed to compile and run software on our
hosting servers.
Scripting and Banned Scripts:
You are free to use any scripts you wish provided they
do not affect the normal operations of the server and
they are not mentioned specifically below.
Scripts that are commonly known for causing server
disruption include large cgi-based message forums,
auctions, and banner exchanges. In the event a script
affects normal server and/or administrative operations,
Ecosse-Online reserves the right to disable the account
pending client cooperation and resolution.
Scripts we do not allow include:
- Chat servers/scripts of any kind are strictly
prohibited.
- Formmail is not allowed on our servers.
You can use formmail scripts but they must be upto date and not
running with the filename "formmail". Any files named "formmail"
will be deleted without notice.
Distribution and/or Transmission of Obscene or Indecent Speech or
Materials:
Violation of indecency and obscenity laws can result in
criminal penalties.
Intellectual Property Rights:
Material accessible to you through Ecosse-Online's
Services may be subject to protection under United
Kingdom (or any other country) copyright laws, or laws
protecting trademarks, trade secrets or proprietary
information. Except when expressly permitted by the
owner of such rights, you must not use the Ecosse-Online
Service in a manner that would infringe, violate, dilute
or misappropriate any such rights, with respect to any
material, which you access or receive through the
Ecosse-Online Network. If you use a domain name in
connection with the Ecosse-Online Service or similar
service, you must not use that domain name in violation
of any trademark, service mark, or similar rights of any
third party.
Network Security:
Customers may not use the Ecosse-Online Network with an
attempt to circumvent user authentication or security of
any host, network, or account. This includes, but is not
limited to, accessing data not intended for the
customer, logging into a server or account the customer
is not expressly authorized to access, password
cracking, probing the security of other networks in
search of weakness, or violation of any other
organization's security policy. Customers may not
attempt to interfere or deny service to any user, host,
or network. This includes, but is not limited to,
flooding, mail bombing, or other deliberate attempts to
overload or crash a host or network. Ecosse-Online will
cooperate fully with investigations of violations of
systems or network security at other sites, including
cooperating with law enforcement authorities in the
investigation of suspected criminal violations. Users
who violate system or network security may incur
criminal or civil liability.
Defamation:
Defamatory speech distributed over the Internet can
result in civil liability for the defamer.
Refusal of Service:
Ecosse-Online reserves the right at its sole discretion
to refuse or cancel service. Violation of any of
Ecosse-Online's Rules and Regulations could result in a
warning, suspension, or possible account termination.
Accounts terminated due to policy violations will not be
refunded. Free domains which have been granted for
customers paying annually are released to the customer
at the end of there hosting period. Domains terminated
due to policy violations will not be released to the
customer.
Spam Or Unsolicited E-Mail:
You must not use the Ecosse-Online Network,
Ecosse-Online equipment or any Ecosse-Online email
address in connection with the transmission of spam,
flames, mail bombs, or substantially similar,
unsolicited email messages. Your domain may not be
referenced as originator, intermediary, or reply-to
address in any of the above. This prohibition extends to
the sending of unsolicited mass mailings from another
service that in any way implicates the use of the
Ecosse-Online Network, Ecosse-Online equipment or any
Ecosse-Online email address. A message is considered
unsolicited if it is posted in violation of a newsgroup
charter or if it is sent to a recipient who has not
requested or invited the message. For purposes of this
provision, merely making one's email address accessible
to the public will not constitute a request or
invitation to receive messages.
If you are found to have spammed, Ecosse-Online reserves
the right to disable your domain without warning. In
addition, Ecosse-Online may impose a £100 penalty for
each spam policy violation. Ecosse-Online solely
reserves the right to refuse or cancel service to known
spammers. Lastly, Ecosse-Online reserves the right to
determine what violates this policy. As such, any
violation may result in cancellation of services without
refund.
Abuse:
Any attempts to undermine, slander, libel, threaten, or
cause harm to a Ecosse-Online server, customer,
employee, or the company directly is strictly prohibited
and is grounds for immediate termination without refund.
In addition, we will pursue all attempts to the fullest
extent of the law.
Indemnification:
Customer agrees that it shall defend, indemnify, save
and hold Ecosse-Online (or it's employee's/owners)
harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable legal fees
asserted against Ecosse-Online, 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, it's
agents, employees or assigns. Customer agrees to defend,
indemnify and hold harmless Ecosse-Online against
liabilities arising out of; (1) any injury to person or
property caused by any products sold or otherwise
distributed in connection with Ecosse-Online server; (2)
any material supplied by customer infringing or
allegedly infringing on the proprietary rights of a
third party and (3) copyright infringement. Customer
agrees to limit the liability of Ecosse-Online to the
amount paid for service.
Refunds Policy:
You may cancel your account at any time before your
monthly billing date, and you will not be billed for the
next month.
If you are paying annually for web site hosting
services, we will issue a pro-rata refund for months not
used.
All domain registration fees are non-refundable, in
whole or in part, even if your domain name registration
is suspended, cancelled or transferred prior to the end
of your then current registration term.
Setup fees (where applicable) are non-refundable under
any circumstances.
We do not offer any kind of "money back" guarantee.
Late Payment:
Payment must be made towards your account on its
assigned due date. Ecosse-Online will attempt to
automatically rebill your chosen payment method each
month.
If your account falls overdue or your chosen payment
method is declined, your account may be suspended or
terminated at the sole discretion of Ecosse-Online.
Ecosse-Online may, at its sole discretion, charge a fee
of £15.00GBP to reinstate a suspended account.
A service charge, equal to the charge incurred by
Ecosse-Online from its bank, will be charged to your
account for each cheque or payment that is returned to
Ecosse-Online for insufficient funds.
When payment is declined from your chosen payment method
we will send out an email notice and retry claiming
payment the following day, this will generally occur 3
times over a 3-5 day period. After this period if we
have not received due payment or had notification from
you that the due payment is in hand, your account may be
suspended or terminated at the sole discretion of
Ecosse-Online.
It is very important you keep your email address on file
with us current. When you change email address please
email
sales@ecosse-online.co.uk
to keep us informed of your working contact address.
Failure to keep us updated with your current email address may
mean important communications dont reach you, resulting
in suspension or termination of your hosting account.
Additional Labour Rates:
Any additional work you may require from Ecosse-Online
staff which does not fall within the usual support
boundaries is charged at a rate of £30 GBP per hour, in
30 minute increments. All charges will be discussed
before work commences on a per incident basis. Examples
of work beyond the boundaries of normal support include:
site scripting problems, script installation, website
design and development.
Disclaimer:
Ecosse-Online will not be responsible for any damages
your business may suffer. Ecosse-Online makes no
warranties of any kind, expressed or implied for
services we provide. Ecosse-Online disclaims any
warranty or merchantability or fitness for a particular
purpose. This includes loss of data resulting from
delays, non-deliveries, wrong delivery, and any and all
service interruptions caused by Ecosse-Online and its
employees. Ecosse-Online makes no "uptime" guarantees.
Ecosse-Online keeps backups of key server systems only
and these backups are not available for customer use.
Ecosse-Online can accept no responsibility for any loss
of data or consequences arising from this. Ecosse-Online
always advises clients to back up their site data
regularly for their own protection.
Ecosse-Online furthermore expects that its customers who
provide hosting services (resellers) to others will
ensure its customers fully comply with all applicable
laws concerning the privacy of online communications and
any other policy of Ecosse-Online. A customer's failure
to comply with those laws will violate this policy.
If a customer provides hosting services (resellers) to
others and decides to cancel their reseller hosting
account with Ecosse-Online then Ecosse-Online will not
be responsible for maintaining hosting for the resellers
customers.
All communications (emails, verbal or written) are
between Ecosse-Online and the client. These
communications are private and are therefore not to be
shared with any other parties.
Finally, Ecosse-Online wishes to emphasize that in
accepting services, customers indemnify Ecosse-Online
for the violation of any law or Ecosse-Online policy,
that results in loss to Ecosse-Online or the bringing of
any claim against Ecosse-Online. This means that if
Ecosse-Online is sued because of activities of the
customer that violate any law, or this policy, the
customer will pay any damages awarded against
Ecosse-Online, plus costs and reasonable legal fees.
Failure to comply with any of our terms & conditions will result
in grounds for immediate account deactivation.
Ecosse-Online reserves the right to change, edit, or update the
policies contained in this document at any time for any
reason without notice.
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