Service Agreement

This Agreement ("Agreement") is between albionhosting.net ("Albion Hosting") and the person (individual or legal person) who signs Albion Hosting’s order form ("Order") incorporating this Agreement by reference ("Customer").

This Agreement governs Customer's use of Albion Hosting’s Web Hosting and/or related services.

1. Services

Subject to the terms of this Agreement, and contingent on Customer's satisfaction of Albion Hosting's credit approval requirements, Albion Hosting agrees to provide Customer with web hosting and / or related services selected by Customer from Albion Hosting's then published list of services ("Services") and as described in the Order, for the fees stated in the Order.

The Services to be provided initially to Customer shall be as selected in the Order and thereafter as established through correspondence between Customer and Albion Hosting.

2. Term

The initial term of the Agreement shall begin on the date that Albion Hosting generates an order confirmation e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of months stated in the Order (the "Initial Term").

However, no service shall commence unless and until Albion Hosting receives and accepts a completed Order from Customer, plus payment in full for Services to be rendered during the Initial Term and any set up charges.

Albion Hosting reserves the right to reject any submitted Order for any or no reason prior to written acceptance thereof by Albion Hosting.

Upon expiration of the Initial Term, this Agreement shall automatically renew for successive terms of the same length as the Initial Term ("Renewal Term") unless Albion Hosting or Customer provides the other with written notice of non-renewal at least fourteen (14) days prior to the expiration of the Initial Term or then current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."

3. Payments

3.1 Fees

All fees for Services rendered or provided to Customer shall be in accordance with Albion Hosting's prices.

Customer's billing cycle shall be monthly or annually as indicated on the Order, beginning on the Service Commencement Date. Albion Hosting may require payment for the first billing cycle before beginning service. Fees for the Renewal Term are payable seven (7) days in advance of each billing cycle.

Payments are made via PayPal either with a PayPal account or by debit/credit card via the PayPal payment system. Customer with a PayPal account can choose to pay by subscription so that payments for the product or service are sent to Albion Hosting automatically each billing cycle, otherwise Albion Hosting will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order.

Payment in full of such invoiced amount is due upon receipt of the invoice. Should payment in full of any invoice not be received, Albion Hosting may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. In addition Albion Hosting may terminate this Agreement and / or suspend Services without notice if payment for Services is overdue.

Fees not disputed within thirty (30) days of due date are conclusively deemed accurate. Customer agrees to pay Albion Hosting's reasonable reinstatement fee following a suspension of service for non-payment, and to pay Albion Hosting's reasonable costs of collection of overdue amounts, including collection agency fees, legal fees and court costs.

3.2 Fee Increases

Albion Hosting may amend the Services and / or the fees it charges for Services by giving at least fourteen (14) days notice to Customer, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee and for any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).

3.3 Early Termination

Customer acknowledges that the amount of the fee for Services is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Albion Hosting terminates the Agreement for Customer's breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for Albion Hosting's breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due seven (7) business days following termination of the Agreement.

4. Acceptable Use Policy

Customer agrees to use the services in compliance with applicable law and this Acceptable Use Policy (the "AUP").

The APU has been developed with the following objectives:

The Acceptable Usage Policy defines the actions which Albion Hosting considers to be abusive, and thus, strictly prohibited. The examples set forth in this policy are non-exclusive and are provided solely for guidance to customers.

Albion Hosting expects its Customers to use the Internet with courtesy and responsibility and to be familiar with and to practice good Internet etiquette. By adhering to the following policies, our Customers are protecting the rights and privileges of all Internet users.

The activities set forth below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by Albion Hosting, or connected via our network. Furthermore, such services may not be advertised via deceptive marketing policies.

Albion Hosting must limit any exceptions made to the AUP as secondary in regards to server and networks security, performance and integrity. Any user, regardless of exception status, may have his or her service disabled if it is interfering with our servers or network.

Customer agrees to cooperate with Albion Hosting's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Albion Hosting and Customer regarding the interpretation of the AUP, Albion Hosting's commercially reasonable interpretation of the AUP shall govern.

Violation of any of the following policies is strictly prohibited and will result in:

4.1 General Conduct

Customer is prohibited from transmitting on or through any of Albion Hosting services, any material that is, in Albion Hosting's sole discretion, unlawful, pornographic, threatening, abusive, libellous, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law, statute or regulation.

Albion Hosting services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of UK regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Albion Hosting reserves the right to remove such illegal material from its servers.

Customer may not engage in tortuous conduct including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or making physical threats against another person via email, news, or any other electronic media/service we provide.

Customer is responsible for providing and maintaining accurate and up-to-date billing information. Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

4.2 System and Network Usage

4.2.1 Security

Customer may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for Customer, logging into a server or account Customer is not expressly authorized to access, or probing the security of other networks.

Customer may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

Customer may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.

Customer must safeguard their account passwords to prevent unauthorized access to their account.

Users who violate systems or network security may incur criminal or civil liability. Albion Hosting 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.

Albion Hosting reserve the right to access servers/accounts within their network if they believe the terms and conditions of use are not being followed or if it is suspected that a server/account has been hacked.

Bit Torrent software and P2P protocol software is not permitted on our network. Servers/accounts continuously running a risk of supporting these types of services will be disabled and cancelled from our network.

4.2.2 Email

Harassment, whether through language, frequency, or size of messages, is prohibited.

Customer may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the Customer must not send that person any further email.

Customer is explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.

Customer may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.

Malicious email, including but not limited to "mail bombing" (flooding a user or site with very large or numerous pieces of email) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited.

Forging of header or any other information is not permitted.

Subscribing someone else to a mail list or removing someone else from a mail list without that person's permission is prohibited.

Albion Hosting accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider.

These rules apply to other types of Internet-based distribution mediums as well. USENET postings have their own regulations; see below.

4.2.3 USENET (News)

Albion Hosting is not responsible for the content of any USENET posting, whether or not the posting was made by a Albion Hosting Customer.

Postings to USENET newsgroups must comply with the written charters or FAQs for those newsgroups. Advertisements should only be posted in those newsgroups whose charters/FAQs explicitly permit them. The poster is responsible for determining the etiquette of a given newsgroup, prior to posting to it.

Customer is prohibited from posting the same or similar message to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as "USENET spam").

Customer is prohibited from posting binary files to newsgroups not specifically named for that purpose.

Customer is prohibited from cancelling or superseding posts other than their own, with the exception of official newsgroup moderators performing their duties.

Customers is prohibited from forging header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.

Customer may not solicit mail for any other address, other than that of the Customer's Albion Hosting account or service, with the intent to harass or collect replies after Albion Hosting service has been terminated.

4.2.4 IRC (Internet Relay Chat)

Albion Hosting is not liable for the content of any communications made on IRC.

IRC robots ("bots" or "clones") or IRC sessions may not be run from Albion Hosting server accounts.

Customer may not attempt to impersonate others or use IRC anonymously by disguising their hostname or username.

Customer is prohibited from using IRC scripts or programs that interfere with or deny service to other users on any server or host. Customers are also prohibited from engaging in activities which harass other users. This includes, but is not limited to, "flooding" (rapidly entering text with the intent to fill the screens of others), "flashing" (disrupting terminal emulation), "takeovers" (forcibly seizing operator privileges), attempting to send private messages to those who do not wish to see them (via "ignore"), attempting to return to a channel after being banned from it, and other disruptive behaviours.

4.2.5 General Uses

Customer may not permit the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for the Customer's own account.

Customer may not employ posts or programs that consume excessive CPU time or storage space. Albion Hosting reserves the right to kill off CPU intensive process.

Customer may not use shared hosting services for back-ups, providing free hosting services or running proxies.

4.2.6 Material and Product Requirements

Customer must ensure that all material and data placed on Albion Hosting equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation on Albion Hosting's part. Albion Hosting shall make no effort to validate this information for content, correctness or usability. In the event that Customer's material is not "server-ready", Albion Hosting has the option at any time to reject this material. Albion Hosting will notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Albion Hosting.

Use of Albion Hosting service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Web space. Customer must have the necessary knowledge to create and maintain a Web space. It is not the responsibility of Albion Hosting to provide this knowledge or customer support outside of the service defined in this Service Agreement.

4.2.7 Banned Scripts

Scripts that requires more than 8Mb of memory space, more than 30 CPU seconds, or use more than 5% of all available shared system resources at any time are not allowed.

The running of stand-alone, unattended server-side processes at any point in time on the shared servers is not allowed. This includes any and all daemons, such as IRCD, Any software that interfaces with an IRC (Internet Relay Chat) network.

IRC, egg drop bots or anything of the sort are not allowed on our network. IRC servers are subject to DOS Attacks The ports necessary to make IRC work are filtered. If Customer is caught running an IRC server inside our network Customer's account will be terminated. This is a pretty common practice in the hosting market today.

The following scripts with known security issues are not allowed: UltimateBBS (all versions), Ikonboard (all versions), IRC Egg Drops, Proxy Servers, nph-proxy, The Anonymizer, any soap mailers, CGI-telnet or script that opens a shell session with the server.

5. Customer Information

Customer represents and warrants to Albion Hosting that the information he, she or it has provided and will provide to Albion Hosting for purposes of establishing and maintaining the service is accurate.

If Customer is an individual, Customer represents and warrants to Albion Hosting that he or she is at least 18 years of age, and Albion Hosting reserves the right to ask for proof of age (in the form of a valid passport or photo driving licence) and to carry out checks to verify the information provided.

Albion Hosting may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.

6. Indemnification

Customer agrees to indemnify and hold harmless Albion Hosting, Albion Hosting's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP (as set out in section 4) by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.

7. Disclaimer of Warranties

CUSTOMER AGREES TO USE ALL ALBION HOSTING’S SERVICES AND ANY INFORMATION OBTAINED THROUGH OR FROM ALBION HOSTING AT CUSTOMER’S OWN RISK.

ALBION HOSTING DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW ALBION HOSTING DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.

8. Limitation of Damages

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF ALBION HOSTING AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.

9. Suspension / Termination

9.1 Suspension of Service

Customer agrees that Albion Hosting may suspend services to Customer without notice and without liability if: (i) Albion Hosting reasonably believes that the services are being used in violation of any Terms and Conditions; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP (as set out in section 4); (iii) Albion Hosting reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Albion Hosting's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.

9.2 Banned Services Policy

Albion Hosting operate Banned Services Policy in the instance of a chargeback or misuse of a Albion Hosting product or service

If a customer requests a chargeback on a Albion Hosting Web Hosting package, E-commerce package or Dedicated Server the service will be cancelled and customers will no longer have access to control panels and any associated websites will be taken down.

If a customer requests a chargeback on a Albion Hosting Domain Name the Domain Name will be banned and customers will no longer have access to control panels and any associated websites will be taken down.

To release a banned Domain Name a customer must pay a £80 release fee and sign an agreement preventing further chargebacks and misuse of Albion Hosting products or services.

9.3 Termination

The Agreement may be terminated by either party, without cause, by giving the other party fourteen (14) days prior written notice.

The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Albion Hosting fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail.

The Agreement may be terminated by Albion Hosting prior to the expiration of the Initial Term or any Renewal Term without liability as follows:

Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

If a domain name is transferred or cancelled within the first 2 years of registration, an administration fee of fifteen pounds (£15) will be charged. The transfer or change of handle / tags will not take place until payment has been received in full.

10. Requests for Customer Information

Customer agrees that Albion Hosting may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that Albion Hosting believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

11. Back Up Copy

Customer agrees to maintain a current copy of all content hosted by Albion Hosting. Any backups created by customer using cPanel should be downloaded then deleted from the server. Albion Hosting shall not be liable for any loss of any kind due to customer failing to keep backups.

12. Changes to Albion Hosting's Network

Upgrades and other changes in Albion Hosting's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. Albion Hosting reserves the right to change its network in its commercially reasonable discretion, and Albion Hosting shall not be liable for any resulting harm to Customer.

13. Notices

Notices to Albion Hosting under the Agreement shall be given via electronic mail to the e-mail address posted for customer support on albionhosting.net or via support ticket raised from within the customer area. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

14. Force Majeure

Albion Hosting shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Albion Hosting's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, theft, destruction, terrorist activity, acts of God or other events of a magnitude or type for which precautions are not generally taken in the industry.

15. Governing Law

The Agreement shall be governed by the laws of England and all claims concerning this Agreement shall be brought exclusively in English courts located in England. The parties hereby consent to submit to the jurisdiction of such courts and waive any personal jurisdiction or venue defences concerning said forum. The Customer is deemed to have agreed to this Agreement, when commencing use of any of Albion Hosting's services.

16. Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer / employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority.

Customer signing up for any domain name with us, explicitly asserts that to their knowledge they are not abusing any trademark or other statutes. If in doubt Customer agrees to seek legal advice.

Albion Hosting reserves the right to amend this Agreement and Customer shall be bound by any such amendments. Customer shall have the obligation to periodically visits Albion Hosting’s website albionhosting.net to review the agreement and make certain Customer is in full compliance therewith.

The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement.

There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Albion Hosting's prior written consent. Albion Hosting's approval for assignment is contingent on the assignee meeting Albion Hosting's credit approval criteria. Albion Hosting may assign the Agreement in whole or in part.

This Agreement together with the Order constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replace any prior understanding or communication, written or oral.

The Customer is deemed to have agreed to this Agreement when commencing use of any of Albion Hosting’s Services.

 

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