“Charges” means the charges payable by the Customer to the Company for the provision of any of the Services (or any part thereof), details of which are set out in Part 3 of the Schedule and which may vary from time to time in accordance with Clause 15.4;
“Content” all documents, data, models, brochures, designs, plans, drawings, sketches, databases, technical drawings, maps, blueprints, images (moving or still), photographs, exhibition stands, paintings, sounds, videos, photographic film (including negatives), fonts, typefaces, logos, banners, items, materials and things whatsoever (however stored or recorded) which may be stored on or transmitted, conveyed or received by the Equipment from time to time in connection with or as a result of the Company providing the Services to the Customer;
“Equipment” means any computer equipment (including all Dedicated Servers) owned or otherwise operated or controlled by the Company from time to time;
“Hosting Service” means the website and/or software application and/or data (as the case may be) hosting service to be provided by the Company to the Customer pursuant to this Agreement, as more particularly described in Part 2 of the Schedule and in Clause 4;
“Intellectual Property Rights” means all trade marks (registered and unregistered) patents, registered designs, and applications and the right to apply for any of the foregoing, copyright, design right, topography and mask rights, database rights, utility model rights, rights in the nature of copyright, know-how, rights in proprietary and confidential information, rights in inventions and all other industrial, commercial and intellectual property rights and all other rights or forms of protection having equivalent or similar effect to any of the foregoing arising anywhere in the world;
“Website” means the Company’s website, which can be accessed at https://www.catalyst2.com.
“User” means the end user of the hosting service.
- The hosting service cannot be used for any form of activity deemed illegal under UK law. This includes, but is not limited to the sending or generation of spam, hacking attempts, copyright infringement and other illegal or suspicious activities.
- If any user is found to be or suspected of using the servers for any illegal purpose, their personal details will be passed to law enforcement authorities.
- If any user is suspected of illegal activity your account can be closed without warning, and no charges will be refunded.
- Any form of Intellectual Property Rights infringement will result in the hosting service being suspended.
Spam / Unsolicited commercial email
- The company do not tolerate any form of spam or unsolicited emails being sent using the hosting service.
- Any user found to be sending spam or unsolicited commercial email will have their account suspended without warning.
- Hosting a mailserver which is deemed an open relay or used to transmit spam/unsolicited email is not permitted.
Hacking / Denial of Service
- It is prohibited to attempt to gain unauthorised access to the company equipment or 3rd party servers using the hosting service. This includes, but is not limited to, phishing attempts, scanning systems for vulnerabilities or open ports, monitoring network traffic and brute force password attacks.
- Forging any information or headers sent from the hosting service is not permitted.
- Storing, executing or uploading viruses, trojans, or other malicious programs to the hosting service is not permitted.
Resource usage restrictions
- Shared and VPS hosting services are subject to monitoring of resources, should the user monopolise or use excessive resources in relation to other users on the hosting service they will be subject to suspension. This includes, but is not limited to, excessive sending of email, large or resource intensive database queries, resource intensive website scripts.
- Dedicated and virtual dedicated services are only limited by the resources detailed in the hosting contract.
Usage of diskspace
- The hosting service diskspace that is provided is not an online backup/ storage service and therefore content that is not related to your website should not be uploaded to it. This does not apply to dedicated and virtual dedicated services.
Unreasonable use of our services
- If catalyst2 deem that the use of the services is not reasonable for a shared web hosting environment, catalyst2 will give 7 days notice for the customer to rectify the issue, if not rectified in that period then the account will be suspended.
- This Acceptable Use Policy (AUP) is not exhaustive. catalyst2 has the right to refuse service to anyone at any time without prior warning or notice. No refunds of fees paid will be made if account termination is due to a violation of the Acceptable Use Policy as outlined above.