Policies
Terms & Conditions of Service
These terms and conditions form the basis of your contract
with 1337hosts.com so please read them carefully.
Who this affects
If you order services from 1337hosts or any of its brands
you are bound by these terms and conditions. If you are reselling
our services then these terms and conditions also apply to
your customers so you should make them aware of them.
How to agree to these terms and conditons by the
customer
During the ordering process you were asked to read and agree
to these terms and conditions. By submitting your order to
1337hosts or its associated brands, you signify your agreement
to them.
If you do not agree to these Terms
Then please don't submit an order.
Why we need terms and conditions
1337hosts provides services to many customers. We have a
responsibility to protect our services from the adverse effects
of other peoples activites. We also have a responsibility
to ensure that our customers web sites and email services
are available for them to use. This means that we need to
limit customers activities to those which are compatible with
running a reliable and safe service.
The following terms and conditions were designed to ensure
these obligations are met.
Arbitration
1337hosts will be the sole arbiter as to what constitutes
a violation of the provisions described in this document.
Length of contract
If you pay your web hosting account monthly then your contract
runs for one month and is renewed for another month when you
make your next months payments. If you pay annually then your
contract runs for 12 month from the date you first ordered.
Details of how to cancel the contract can be found below.
Server abuse
Any attempt to undermine or cause harm to a server, or customer,
of 1337hosts is strictly prohibited. Offenders will be prosecuted
to the fullest extent of the law.
The content of your web site
All services provided by 1337hosts Ltd 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 International laws is prohibited.
The following list is not exhaustive, but it will indicate
the sort of material you are not permitted to host:
copyright material.
MP3 files containing copyright music, unless you created the
music yourself and own the copyright.
material we judge to be threatening or obscene.
material protected by trade secret and other statute.
pornography and sex-related merchandising, including sites
that links to such content.
pirated software, also known as warez.
hacker programs or archives, including sites that links to
such content.
hate propaganda.
products designed to defraud others, e.g. satellite hacking
equipment.
promotion of illegal activities.
content that may be damaging to our servers or any other server
on the internet.
Web sites promoted by spam or involved in spamming or selling
spam related software or bulk email lists.
IRC or IRC bots.
If you are unsure whether or not your site falls into these
categories feel free to contact us with a description before
you sign up for an account or publish material as an existing
customer.
The content of your emails
Spam is "Unsolicited junk e-mail sent to large numbers
of people to promote products or services".
We have a zero tollerance policy towards spam and we monitor
our mail servers to ensure they are not being used for spamming.
If we allowed customers to spam then our mail servers would
be blacklisted and none of our customers would be able to
send and receive mail reliably. It is in all customers interests
that we stop spam.
We do not permit:
The sending of spam through our servers.
Sending out spam through another providers mail server which
includes links to web pages or email addresses hosted on our
servers.
Web sites promoted by spam or involved in spamming or selling
spam related software or bulk email lists.
As delegated by our upstream providers, any sites using spam
or selling of spam related software or bulk email content
will be closed.
If you spam, we will see you doing it, your account will
be terminated and you will not get a refund.
If you run a mailing list all the people you mail must have
opted into the list. The list must not have been obtained
from a third party. Your list server must use a system where
an email is sent to the user when they sign up and they have
to reply or click on a link to confirm their email address.
This is known as "double opt in". The mailman program
we provide with some hosting packages matches these requirements,
as do many other mailing list systems. You must honour all
unsubscribe requests within 24 hours.
If we receive a spam complaint about your account we will.
Suspend your account to prevent any further violations.
Contact you to ensure you will not do it again.
Either reactivate the account or terminate it.
Protecting server resources
Each server has a limited amount of processing power and
memory. We have found most our customers to stay within "reasonable
limits", but sometimes people do cause problems for other
users by using too many resources.
We do not allow clients to install their own cgi or php chat
rooms. These tend to be a large drain on system resources
and we cannot allow it as an account option. However, we provide
chat systems with some hosting accounts which you may use
free of charge.
Bulletin boards are permitted, provided they stay within
the 10% server usage limit explained above.
We allow you (subject to a suitable hosting plan) to run
programs to run continually in the background (cron jobs).
However, these must not overload the server or affect other
users sites.
If you go over any of the limits described above we will
suspend your account and contact you to resolve the situation.
We may offer dedicated server hosting for an additional charge.
If you do not move to a dedicated server or reduce your system
usage we will terminate your account to protect other customers.
Telnet / SSH / shell access
1337hosts.com provides SSH (secure telnet) access on some
accounts on request. SSH access is provided for the purpose
of testing scripts and carrying out site maintenace. It is
not provided for any other purpose and there is no warranty
of any kind should SSH fail to function for off server connections
or activities. We reserve the right to withdraw SSH access
at any time without notification. Customers are not permitted
to run CGI or PHP shell emulation programs.
Bandwidth usage
Each hosting plan we provide has a set amount of bandwidth
available per month. We monitor this usage and if your site
goes over the limit it will be suspended until the second
day of the next month. If you do not wish to wait until the
next month you can upgrade your hosting plan to one with more
bandwidth. If you are concerned about going over your limit
you should check your bandwidth usage in the control panel
in the middle of the month and contact us if you think you
will go over.
30 day money back guarantee
Some of our hosting plans are supplied with a 30 day money
back guarantee. This includes all the plans sold under the
1337hosts brand names.
We are so confident you will be happy with our web hosting
services
that we offer a 30 day, no quibble money back guarantee.
If you are unhappy with any aspect of our service, and we
are unable to put things right to your satisfaction, we will
refund all web hosting charges paid by you (less 10% to cover
credit card commission and associated charges).
To claim on this guarantee you must notify us of your wish
to cancel an account within the first 30 days following activation
and request a refund.
There are only four conditions:
You must have been a technical problem of some sort with
the account which is recorded in our helpdesk, we will not
issue a refund just because you have found a cheaper offer.
Because domain name registration fees are passed on by us
to the registration authorities we cannot refund these.
We reserve the right to pass on any excess bandwidth charges
incurred by you in the first 30 days.
Dedicated servers are not covered do to the amount of work
required to set them up.
99.9% uptime guarantee
If your web site down time exceeds this level in any calendar
month, we will offer a 5% credit to your account for every
hour the site is down. In order to receive credit for your
down time, you must submit a request on this form within 30
days of the occurance.
Conditions:
1337hosts will issue a refund to the customers account in
the event of a Service Outage due to the failure of one of
the following pieces of equipment owned and operated by 1337hosts.com
or one of its suppliers; the ATM Network, the LAN or a web
hosting server. For purposes of this guarantee, Service Outages
shall be defined as 10 consecutive minutes of web site (HTTP)
inaccessibility as measured by our independent monitoring
services.
1337hosts.com will not be held responsible for Service Outages
resulting from equipment not owned or operated by 1337hosts.com
or its suppliers. This includes, but is not limited to, Internet
NAP failures or congestion (Problems with one specific dial
up ISP etc.) and non 1337hosts.com backbone failures. Additionally,
1337hosts.com will not be held responsible for delays in the
registration or transfer of a domain due to registry related
issues, for outages resulting from malfunctioning customer
scripts or applications that are installed by the customer,
nor for unusual traffic spikes or "denial of service"
attacks on customer web sites.
Refunds will be issued upon request by the customer and upon
determination that a Service Outage, as defined by this guarantee,
has occurred. Refund requests must be made within thirty (30)
days of the time period during which the Service Outage took
place. Regardless of the number of outages, all refunds are
limited to a maximum of one month's hosting service fees and
do not include excess usage fees, setup fees or other non-standard
recurring charges. Additionally, Service Outages will not
include downtime due to Acts of God, nor for outside security
breaches. Finally, 1337hosts.com will not be held liable for
Service Outage damages resulting in the loss of prospective
profits or anticipated sales or as a result of expenditures,
investments, or commitments in connection with the business.
Please note that this is not an insurance scheme. We do not
cover problems relating to the company that provides your
internet connection and we do not cover you for attacks by
hackers,denial of service attacks or other criminal activites.
It is in your own interests to consider business continuity
insurance if you rely on your web site for commercial purposes.
IP Addresses and DNS delegation
We provide IP address information in your welcome email.
This is provided to allow access to the web site and control
panel until the domain name has been transferred to our DNS
servers. Customers are not permitted to link to their site
or address via an IP address based link once the transfer
is complete. This is for your own safety as it prevents links
becoming out dated if we change your IP address.
All customers must change their domain names' DNS servers
to those specified on their welcome email. We do not permit
customers to use external DNS management tools because of
the likelihood of failure if we change an IP address. If you
decide to use an external DNS service then you agree to absolve
1337hosts of all liability should your site fail due to DNS
errors or the IP address changing at a later date.
All IP addresses remain the property of 1337hosts or its
upstream providers and are provided according to ARIN and
RIPE rules and only when required for technical reasons.
DNS modifications
We do not provide DNS management services. If you require
changes to DNS records (A, MX etc) we will do our best to
carry them out but we cannot provide a warranty that the changes
will continue to work in the future.
Billing
Monthly Billing: We DO NOT send out invoices.
All credit cards are billed automatically on the anniversary
of the date the account was ordered. So if a customer orders
hosting on the 15th of the month they would be billed on the
15th every month. We believe this is sufficient advance notification
of payment due. It is the clients responsibility to ensure
that they have sufficient credit to cover this transaction.
In the event that a card is declined for any reason we will
send an e-mail with instructions for submitting a new credit
card. If new card details are not supplied within 24 hours
we will suspend the account. If new card details are still
not received within 7 days we will delete the account.
If your web site is important, you are strongly recommended
to pay annually (for which you will receive a discount).
Annual Billing: If you pay annually we will
not bill your card automatically. We will send a renewal notice
to the email address you provided us with when you signed
up approximately one month before the renewal date. However,
because 40% of our customers do not tell us when they change
email addresses and because many ISP's spam filters remove
emails which mention web hosting services we cannot guarantee
delivery of these emails. We recommend that you make a note
in your diary one year from the date you ordered the hosting
originally. If we do not receive the renewal payment by the
due date then we will suspend the account. If payment is still
not received within 7 days we will assume the accout is no
longer required and delete it.
Refunds
Regular Hosting Clients: Should you become unsatisfied with
our services within the first 30 days of your account activation,
1337hosts will refund your hosting fee subject to the money
back guarantee terms listed above.
Cancellation Refunds: We DO NOT refund partial
monthly or annual hosting fees for accounts cancelled after
30 days from the date of activation. For example, if you cancel
an annual account after 6 months you will not get a refund
of 6 months hosting fees.
Account Cancellations
By ordering services from us you agree to abide by these
cancellation procedures. Before we cancel an account we need
to make sure it really is the site owner requesting the cancellation.
To cancel an account please fill out this form:
http://www.1337hosts.com/contact.htm
Accounts will be closed the same day, we do not schedule
closures for the end of the current months hosting. Accounts
are only be considered cancelled once we have conformed by
e-mail that we have cancelled it for you. If you have not
received conformation from us it means your account is still
open and you will be billed for all services provided until
we have given such confirmation.
1337hosts will not be held liable for the non arrival of
your request to cancel an account. It is your responsibility
to ensure that you have received confirmation of the account
closure from us.
When an account is cancelled, all of its files are deleted
and are not recoverable.
Data integrity and backups
We will endeavour to keep backups of your data in order to
restore the server if we have a disk failure. However, we
provide no guarantee that we will be able to do so. It is
in your own interests to keep a copy of your web site backed
up on your own computer. You can do this by simply uploading
changes from a copy you hold or by using the backup tool provided
with most of our web hosting accounts.
If you have an accident with your site we will do our best
to help, but we may not be able to restore your files for
you.
It is impossible to have too many backups. Keeping a local
copy at your location is the best way to protect your data.
Passwords
We will provide you with a username and password for accessing
your account. This will be sent to the email address you recieved
after paying. If you lose your password we can resend it to
the same email address. If your email address has changed
you will need to supply proof of your identity before we will
provide the password. The reason for this is that a large
percentage of password requests we receive are from people
trying to gain unauthorised access to customers accounts.
It is in your interests that we verify your identity before
issuing a password.
Threats & Blackmail
We deplore this activity because of the negative effect it
has on our staff and other customers who pay for the services
the require.
We take these sort of threats very seriously.
Making threats will result in your account being cancelled
without notice.
Domain name registration
Where a domain name has been registered as part of the service
provided by gem.com the customer is bound by additional terms
and conditions which were displayed during the registration
process. Some of these are enforced by the different domain
name registries and you should be aware that you may have
a contract with them as well as with us. We register all domains
with the customer as registrant. . 1337hosts may be listed
as technical, admin (and sometimes billing) contact for some
domain names but normally we enter the customers details into
all of these fields as well. These contact details can be
changed for most domains by going to http://www.gem3.com but
some registries may restrict what fields can be changed.
Domain name registration fees are not refundable because
the registries will not refund us. It is the customers responsibility
to ensure that all names are spelled correctly prior to ordering
domain names.
Change of domain names
Domain names cannot be changed once they are registered.
This is because the domain registries will not refund us once
a domain name is registered.
We can change the domain name associated with your hosting
account but you will need to register the new domain name
first. Changing the domain name may require your account to
be deleted and it may cause disruption to your web site. The
old domain name will stop working. We reserve the right not
to allow domain changes.
Limits of support
1337hosts provides support with server side problems only.
These include, non functioning of facilities provided with
your hosting account and any faults which exist on the server
your site is hosted on.
Customers are responsible for designing and maintaining their
own web sites. We can not provide advice or support for programming
or web design issues like frontpage, cgi, php or asp
Support for your web design siftware should be provided by
the company which supplied the software.
Refusal of Service
1337hosts reserves the right to refuse, cancel, or suspend
services at our sole discretion.
Sub domains
If you have a web site without a domain name of your own
which has a subdomain based on a domain name we own, you have
no rights to transfer that domain name to another provider.
1337hosts reserves the right to transfer any sub domain in
domains of its possession to an alternative domain.Indemnification.
By ordering services from us you agree to indemnify and hold
harmless 1337hosts from any claims resulting from the use
of the service which damages the subscriber or any other party.
Limitation of liability
Your use of 1337hosts services are at your sole risk. All
1337hosts services are provided on an "AS IS" basis
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS,IMPLIED, CONSTRUCTIVE,
OR STATUTORY, INCLUDING,WITHOUT LIMITATION, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR
PURPOSE. Some jurisdictions do not allow the exclusion of
implied warranties, so this exclusion may not apply to you
in full.
1337hosts makes no guarantee of availability of service and
reserves the right to change, withdraw, suspend, or discontinue
any
functionality or feature of the 1337hosts service.
IN NO EVENT WILL 1337HOSTS BE LIABLE FOR ANY
DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ORPUNITIVE DAMAGES
ARISING OUT OF THE USE OF OR
INABILITY TO USE 1337hosts.COM's SERVICES OR ANYCONTENT THEREON.
THIS DISCLAIMER APPLIES, WITHOUT
LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FORBREACH OF
CONTRACT, TORT, OR OTHERWISE, CAUSED BY
ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION;
DELETION; DEFECT; DELAY IN OPERATION OR
TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE
FAILURE; NETWORK OR SYSTEM
OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF ANY RECORD.
The formation, construction and interpretation of this agreement
shall be controlled by the laws of England. The U.N. Convention
of Contracts for the International Sale of Goods is expressly
excludedfrom any interpretation of this Agreement.
Legal disputes
If you intimate that you are entering into legal action against
us we will suspend your account until the legal dispute has
been resolved.
Explanation of the above
We will do our best to keep the service running reliably
but we will not be held responsible for any losses you incur
through your use of it. If you are in business you should
ensure you have adequate business insurance and we recommend
you contact an insurance broker.
Changes to these terms and conditions
1337HOSTS reserves the right to change or amend these Terms
of Service at any time without prior notice.
Enforcement
Violations of these Terms of Service should be referred by
email to abuse [at] 1337hosts.com. All complaints will be
investigated promptly. Violations of these terms and conditions
can be ground for immediate account deactivation without refund.
Data protection
Some files held by 1337hosts.com are covered by the UK Data
Protection Act. You can find out more about this here www.informationcommissioner.gov.uk.
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