EXPLOIT VIRTUAL SERVER LICENSE AGREEMENT
SENDING DATA AND/OR PUBLISHING INFORMATION TO YOUR WEBSERVER BY ANY MEANS INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
READ ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO USE OF YOUR WEBSERVER. THIS LICENSE AGREEMENT IS SUBJECT TO CHANGE WITHOUT NOTICE, AND THE CURRENT TERMS OF THE LICENSE ARE THOSE PUBLISHED HEREWITH. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT PUBLISH ANY INFORMATION TO YOUR WEBSERVER, NOR ALLOW OTHERS TO PUBLISH INFORMATION ON YOUR BEHALF.
PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THIS AGREEMENT OR DOCUMENTATION OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.This User Agreement (the 'Agreement') governs the terms of the use by the client (the 'Account Holder') of services offered by the provider, Exploit Information Technologies Ltd, hereafter referred to as EIT.
EIT will host a Virtual Web Server Internet account for Account Holder for the domain name agreed. EIT may register a domain name on behalf of Account Holder subject to the following policies: OpenSRS Master Services Agreement Nominet Terms and Conditions ICANN Policy
In the event that you fail to renew your hosting account in a timely fashion, your domain name registration will expire and we may, at our discretion, elect to assume the registration and may hold it for you or for our own account, delete it or we may sell it to a third party. You acknowledge and agree that your right and interest in a domain name ceases upon its expiration and that any expired domain name may be made available for registration by a third party.
Account Holder agrees to abide by the following provisions of this service contract and agrees to abide by any additional provisions notified to Account Holder or posted on the web site by EIT, covering this agreement and/or any future services added to this agreement. If Account Holder refuses to accept any future additional provisions, Account Holder will have the option to cancel services and receive a pro-rated refund of any moneys pre-paid for this agreement. The pro-rated amount will be calculated after the normal monthly cost for the service has been deducted from any amounts pre-paid by Account Holder.
- Account Holder agrees to receive access to the Virtual Server services according to the following terms and conditions:
- Account Holder will select a service plan offered by EIT, and agrees to receive services according to the service plan selected until such time the agreement is terminated by either party.
- Account Holder will pay for services provided under this Agreement by continuous credit card authorization provided to EIT, or any other delegated credit card acquisition service or subscription payment gateway employed by EIT to process credit card transactions on EIT's behalf . When initiating service, Account Holder will be charged the published setup fee for the service plan selected. If the Account Holder has selected a monthly billing plan EIT may also charge a pro rated partial month charge according to the service plan for the number of days remaining in the calendar month from the time of initiation of service until the end of the month in which service is initiated.
EIT reserves the right to decrease or increase prices at any time. Renewal of service will be subject to future price increases. Failure to pay future price increases will be grounds to terminate service.
- Account Holder is responsible for notifying EIT of any changes in personal contact information, postal address and email address to which any renewal or legal notices may be sent. Account Holder is responsible for notifying EIT of any changes in credit card details so as to ensure that credit card information held by EIT for renewal purposes is always current and valid.
- Account Holder is responsible for the day-to-day management of the Virtual Server and all the services and features made available through the WHM cPanel user interface, as configured by EIT. EIT undertakes to provide technical support by telephone on +44 161 443 2464 without charge. EIT will process email requests for technical support received at email@example.com and undertakes to respond to any email communication, complaint or report of abuse from Account Holder within 5 business days. Any issue which is not resolved to the reasonable satisfaction of Account Holder may be escalated by email to firstname.lastname@example.org and expect to receive a response within 3 business days.
- Account Holder is responsible for the security of their password. EIT will not change passwords to any account without verification of identity which is satisfactory to EIT. Such identity verification, which may include written requests with signature, applies to any account changes of address and requests to move a domain away from the EXPLOIT registry.
- In the event of any dispute as to the rightful ownership of a domain, such as partnership break-up, divorce or other legal problems that include the Account Holder, Account Holder understands EIT will remain neutral and may even put the account on hold, until the dispute has been resolved. Under no circumstances will EIT be liable for any losses incurred by Account Holder during this time of determination of rightful ownership.
- This Agreement may be terminated by EIT at any time without prior notice and without cause. If either party is in default under this Agreement (including nonpayment), then the non-defaulting party may also immediately terminate the Agreement without prior notice to the other party. EIT may suspend at any time without prior notice any account more than 30 days overdue.
- The Account Holder agrees to give 30 days notice to terminate this agreement. If the agreement is not terminated by the Account Holder at least 30 days prior to the server renewal date, EIT will continue server provision and charge the Account Holder's account for the renewal premium at the previous or currently published price, whichever is the higher. Should payment for the renewal be refused by the Account Holder or his credit card company EIT will invoice the Account Holder. If payment is still not received within 14 days EIT may suspend or terminate the Account Holder's service. EIT is not obliged to renew the registration of domain names until all outstanding server renewal charges have been paid. Any domain redemption charges or other additional cost incurred by EIT in connection with late or non payment of server renewal charges are payable by the Account Holder.
- On termination of this agreement by the Account Holder, the unexpired portion of the agreement is not refundable. If the expiry date of the domain exceeds the expiry date of the agreement, the unexpired period of a domain name which has been renewed free of charge by EIT under the terms of this agreement will be charged pro-rata at the rate of £3 per month or any portion thereof. DNS changes and domain transfers requested before termination will be processed by EIT free of charge. Domain transfers requested after termination will be processed by EIT subject to a prepaid administration charge of £10 and will be processed within 7 working days provided all outstanding charges due under this agreement have been paid.
- The Virtual Web Server Internet account and related electronic services can only be used for legal purposes under all international, federal, state and local laws. Violations of this or any other provision of this agreement can result in a 30 day notice to terminate service or an immediate termination of service depending upon the severity of the violation. EIT has the right to refuse service if content of information provided is deemed illegal, misleading or obscene in the opinion of EIT.
- The Account Holder agrees to follow generally accepted “Netiquette” when sending email messages or posting newsgroup messages.
- EIT is not responsible for Account Holder's files residing on EIT's servers. Account Holder is solely responsible for independent backup of data stored on EIT's servers.
- Account Holder understands this service is provided on a shared server. This means that one website cannot overwhelm the server with heavy CPU usage from highly active CGI scripts or chat scripts. (A shared server will never be as powerful as owning your own dedicated equipment.) If your website overwhelms the server and causes complaints from the other users, you will have outgrown the realm of a shared server and you will need to re-locate your website. EIT will refund any moneys paid for unused time of service remaining.
- Each Web Server hosted with EIT is allocated 10Gb of data transfer (bandwidth) per calendar month. Where the 10Gb limit is exceeded during the month, additional data transfer is charged at £ 20 per Gb or part thereof. Accrued additional bandwidth charges will be invoiced monthly in arrears.
- If at any time, Account Holder breaches any part of this contract and EIT has to engage the services of a lawyer, the Account Holder will pay any and all of EIT’s reasonable legal fees and court costs. The Account Holder’s rights and privileges cannot be sold or transferred without the written consent and approval from EIT in advance.
- Account Holder shall not knowingly or unknowingly submit to EIT for publication any of the following material (including pictures, links, or any other content):
(a) any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;
(b) any material that is libelous or slanderous;
(c) any material which is or contains anything obscene or pornographic; or
(d) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings including but not limited to: mass-newsgroup postings, SPAM and unsolicited email sent from your server, or any other service on the Internet, which contains your domain name or any other domain name on our network
(e) Any abuse of shell account privileges including but not limited to:
Due to the public nature of the Internet, all material submitted by Account Holder for publication will be considered publicly accessible. EIT does not screen in advance Account Holder's material submitted to EIT for publication. EIT's publication of material submitted by Account Holder does not create any express or implied approval by EIT of such material, nor does it indicate that such material complies with the terms of this Agreement. Any violation of the above conditions will result in termination of Account Holder's account.
- Use of any program/script/command, or sending messages of any kind, designed to interfere with a users terminal session, via any means, locally or by the Internet.
- Attempts to circumvent the idle daemon or time charges accounting, or attempts to run programs while not logged in by any method.
- Repeated running of CPU-intensive user-compiled programs which negatively impact other system users.
- Running eggdrop or any other IRC bot which is connected to a remote IRC server.
- EIT'S SERVICE IS PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS.
EIT SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL EIT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF EIT HAS BEEN ADVISED BY ACCOUNT HOLDER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF EIT'S SERVICE TO ACCOUNT HOLDER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, EIT SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY ACCOUNT HOLDER TO EIT FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
- EIT is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network EIT or its customers may utilize. EIT does not represent or warrant to Account Holder that Account Holder will receive continual and uninterrupted service during the term of this Agreement. In no event shall EIT be liable to Account Holder for any damages resulting from or related to any failure or delay of EIT to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond EIT's control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.
- Account Holder agrees to defend, indemnify and hold EIT harmless from and against any and all claims, losses, liabilities and expenses (including legal fees) related to or arising out of the services provided by EIT to Account Holder under this Agreement, including without limitation claims made by third parties (including customers of Account Holder) related to any false advertising claims, liability claims for products or services sold by Account Holder, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Account Holder for publication by EIT, but excluding those related to the negligence of EIT.
- If Account Holder acts as a 'reseller' of the services provided by EIT to Account Holder hereunder, by Account Holder providing similar services to its customers, then all the terms of this Agreement shall apply to the resale. Without limiting the foregoing, Account Holder's obligations shall apply to any and all claims made against Account Holder and/or EIT which arise out of the resale of EIT's services.
- The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended.
- If any federal, state or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by EIT to Account Holder under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then EIT may pass the direct amount of such cost on to Account Holder, and Account Holder shall promptly pay such cost.
- Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
- The Account Holder agrees not to harm EIT, its reputation, computer systems, programming and/or other Account Holders using EIT’s services. EIT reserves the right to select the computer for Account Holder’s website for best performance. If Account Holder breaches this agreement, then EIT has the right to terminate service without any refunds of the unused portion prepaid by Account Holder. The Account Holder agrees to indemnify and hold harmless both EIT and other Account Holders from any and all claims and/or cost resulting from the Account Holder’s use or abuse of the service in any manner
- EIT maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Account Holder and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
- This contract represents the complete understanding between the parties, If Account Holder sells or resells advertising or web space to a third party then Account Holder will be responsible for the content of that advertising and the actions of that third party.
EIT has the right to reject any offensive or illegal content. If Account Holder refuses to remove any content requested to be removed by EIT, EIT can terminate services. EIT will use its best efforts to maintain a full time, 24 hour Internet presence for Account Holder.
Sometimes the network can be down and other types of utility or power interruptions, or equipment failures can occur and these situations are outside of EIT’s control. Account Holder agrees that this may or may not occur and Account Holder will hold EIT, it’s employees, owners, officers, contractors, free and harmless from any damages incurred and any event or any type of loss resulting from any reason whatsoever.
EIT’s total liability under all circumstances will never exceed the amount paid by Account Holder for the duration of this agreement. Pre-paid amounts cannot be refunded by EIT in the event Account Holder stops using this service.
- This Agreement will be governed by the laws of England as applied to transactions taking place wholly within England between United Kingdom residents.
- The Account Holder agrees to fully abide by all said terms, conditions, rules, regulations described above.