Shared Hosting Terms and Conditions of Service. The following terms and conditions apply to all Catalyst2 Windows and Linux hosting accounts.
Throughout this document references to Catalyst2 refer to both hosting accounts sold by Catalyst2 directly, and those sold through resellers on Catalyst2’s equipment.
1. Hosting accounts provided by Catalyst2 may not be used to host material to which the user does not own the copyright to, or have prior permission from the owner of the copyright to distribute. This includes the distribution of MP3 files, software, and other pirate material.
1.1 In addition to this, the hosting account may not be used to host utilities to aid the violation of a copyright licence, such as software cracks and key generators.
1.2 Catalyst2 reserve the right to question any user as to the copyright ownership of material displayed on a user’s hosting account, and reserve the right to suspend accounts if violation of copyright is suspected.
2. Hosting accounts provided by Catalyst2 may be used to host adult material, provided the material complies with the copyright rules laid out in section 1.
2.1 Adult material that violates UK laws will not be tolerated. Any user hosting material found to be in violation of UK laws will immediately have their account terminated with no refund and their details will be passed on to the UK authorities.
3. Hosting accounts provided by Catalyst2 are provided on shared machines, therefore a user found to be consuming excessive resources, or causing a denial of service to other users will be suspended pending an investigation into the cause of the problem.
3.1 Any user found to have deliberately caused a denial of service to other users will have their account terminated with no refund for the remainder of the hosting period.
3.2 Any user found to be launching attacks against other Catalyst2 or remote servers from Catalyst2 servers will have their account cancelled with no refund for the remaining hosting period.
4. Catalyst2 shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Agreement, in contract, delict (including negligence), tort or otherwise arising out of or in connection with this Agreement.
4.1 Any opinions put forward in material hosted on a Catalyst2 server are not representative of the views of the staff, or company as a whole.
4.2 By signing up for a Catalyst2 hosting account the user automatically agree to pay for any legal fees or claims by a third party of loss or damage that result from an action originating from the material hosted on their account.
4.3 Catalyst2 is not legally liable for losses and/or damage to a company that may be a result of downtime on the Catalyst2 servers or network. In addition Catalyst2 is not legally liable for any losses and/or damage to a company which may be a result of domain registration/renewal or transfer issues . While Catalyst2 shall attempt to provide the most reliable service possible, no guarantees as to the uptime of a server are made as part of this contract.
5. Catalyst2 reserve the right to invoice the user for any additional charges that they may incur because of the usage of their hosting account.
5.1 Catalyst2 reserve the right to invoice users for additional bandwidth at a rate of £1 per gigabyte over the limit of their service plan. Users shall be informed if their site is exceeding acceptable traffic levels. Users should be aware that this traffic includes FTP usage.
6. Catalyst2 hosting accounts shall not be used for the sending of unsolicited bulk messages (also known as spam) via any medium.
7. Catalyst2 accounts may not be resold unless a prior agreement has been reached concerning resale.
8. If the user wishes to close their account within the first 30 days they may do so and receive a full refund (except domain name registry fees) after 30 days cancellation may occur but the user will not be entitled to a refund of any sort unless the account is not functioning as described at the time of sale.
8.1 Once initial payment has been made, payment will automatically be charged to a customers credit/debit card on the anniversary of the account, or in the case of monthly payment every 30 days. Cancellations must be received by email to email@example.com three days before the payment is due.
8.2 Domain registrations or renewals which are submitted through Catalyst2 are not guaranteed as available and registered/renewed until a separate confirmation of registration or renewal has been sent to the registrant by email (this is not an invoice). If no confirmation is received an email should be sent to firstname.lastname@example.org detailing the issue so it may be investigated.
8.3 All .uk domain registrations are subject to the Nominet terms and conditions – available at http://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration . Terms for other domain extensions are available on request.
8.4 Refunds will awarded will be for base package costs only, refunds are not available on account extras or add-ons.
8.5 All refunds are at the discretion of Catalyst2 staff.
8.6 Customer information may be shared with carefully selected third parties as required. For example, for domain registrations / software vendors / security providers. Those third parties may hand your details over to law enforcement agencies or similar if it is deemed necessary.
8.7 Customer information may be used for marketing purposes however they can unsubscribe at any time from this.
9. Catalyst2 reserve the right to close accounts at any time without prior notice to the user.
10. Catalyst2 reserve the right to make amendments to these Terms and Conditions without notification to the user.
11. Catalyst2 and their staff reserve the right to deal with any circumstances that arise in a way that is deemed to be suitable at the time.
12. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. The parties agree that the English Courts have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
Hosting T&C v1.2.2