CUSTOMER HOSTING PRODUCT AGREEMENT EXTENSION
Eria IT services, Unit 5, 4 Blenheim Court, Peppercorn Close, Peterborough, PE1 2DU. Trading as Eria Hosting (hereinafter referred to as “Parent”) AND you (hereinafter referred to as “Customer”)
entered into a Customer Master Agreement effective from February 1, 2013 of which this “Customer Hosting Product Agreement Extension” is a part.
WHEREAS Parent provides Web, domain purchase and Email Hosting Services;
WHEREAS the Customer wishes to place an Order for Web, VPS and/or Email Hosting Services (“Hosting Order”) through the Parent;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows:
1. Rights of Parent
While certain attributes of the Hosting Order may consist of unlimited resources, Customer recognises that the Hosting Order is a shared hosting service, and that the Parent has the right in its sole discretion to apply any hard limits on any specific attribute or resource on the Hosting Order at any given time without notice in order to prevent degradation of its services, or in case of any breach or violation or threatened breach or violation of this Agreement, or in case Parent learns of a possibility of breach or violation of this Agreement which Parent in its sole discretion determines to be appropriate, or to protect the integrity and stability of the Parent Products, or to avoid any liability, civil or criminal, on the part of Parent and/or Service Providers, or for any other appropriate reason. The Customer agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above.
2. Terms of Usage
Customer, or its contractors, employees, directors, officers, representatives, agents and affiliates, either directly or indirectly, shall not use or permit use of the Hosting Order, in violation of this Agreement, and for any of the activities described below –
3. General Terms
(1) For any unacceptable or inappropriate material as determined by Parent in its sole discretion, including but not limited to Gambling, Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymisers, Pornography & Adult images, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro, Pharmaceutical/Drug website.
(2) overuse of system resources, including but not limited to Memory, CPU, Disk, Network, and Bandwidth capacity.
(3) Execute long-running, stand-alone, unattended server-side processes, bots or daemons.
(4) Run any type of web spiders or indexers.
(5) Run any software that interfaces with an IRC (Internet Relay Chat) network.
(6) Run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent.
(7) Participate in any P2P or file-sharing networks.
(8) Use excessive resources which in the Parent’s sole discretion result in damage or degradation to the performance, usage, or experience of Eria Hosting, other users, other orders, and any of Parent’s services.
(9) Use the email service for sending or receiving unsolicited emails.
(10) Use the email service for sending or receiving emails through automated scripts hosted on your website. For sending out promotional emails, email campaigns, etc., we recommend using the Mailing Lists feature rather than using your email account. Upon detection of such mails going through the regular mailing system, such mails will get classified as spam even though the recipient might have opted in for receiving such mails. This would lead to immediate cessation of mail sending capabilities for the user or the domain name. Frequent violation would lead to permanent suspension of the domain name.
(11) Sending mails to invalid recipient email addresses. On receipt of too many bounce back messages due to invalid recipient email addresses, the user sending such mails would get blocked. Frequent violation would lead to permanent suspension of the domain name.
(12) Sending mails from an email address that is not valid and which results in triple bounces would result in suspension of the user sending such mails. Frequent violation would lead to permanent suspension of the domain name.
(13) Send emails with malicious content. Such emails could be emanating from user(s) whose machine(s) are infected with a virus or malware and such activity could be happening without the user(s) knowledge or user(s) could be unknowingly sending out emails whose receivers may deem them as unsolicited.
(14) Run cron entries with intervals of less than 15 minutes.
(15) Engage in any activities related to purchase, sale or mining of currencies such as Bitcoin.
B. Web, Email Hosting Specific terms
You cannot use your Hosting plan as the following;
(1) As a backup/storage device.
(2) Run any gaming servers.
(3) Store over 100,000 files.
(4) Constantly create and delete large numbers of files on a regular basis, or cause file system damage.
(5) Run any MySQL queries longer than 15 seconds.
(6) Divide Multi-Domain Hosting Orders into smaller packages to resell. Multi-Domain Hosting Orders can only be used by a single Company or Customer to host websites that are fully owned by them. Certain relevant Documents, other than domain name whois details, with respect to company and domain names/website ownership will need to be presented when requested. Having the same whois details for all domain names in your Multi-Domain Hosting Order will not be enough to substantiate ownership.
(7) Store a large number of media files (audio, video, etc.), wherein the limit is at Parent’s sole discretion.
(8) Send over 40 messages per hour per user and/or 40 messages per hour for a domain name. Receive a high volume of emails, by a user or domain name, in any given period of time.
(9) Purchase/use a Dedicated IP Address without installing an SSL Certificate.
(10) Occupy more than 50% of the total disk space used for storing emails on the server.
(11) Store more than two website backup files.
(12) ‘Hosted Site’ means one individual or company hosting their own domains. It cannot be re-sold or leased to a third party.
(13) Any file stored in your website’s public_html folder must be linked to from your web pages
(14) Unlimited Bandwidth is offered on specific plans. All plans have a soft limit of 500GB, once this has been reached, we will review the usage and in normal circumstances increase your bandwidth for the current billing month. Regular breaches of the soft limit will be flagged and we reserve the right to limit your bandwidth at this point.
(15) A hard limit of 250,000 inode limit is present on all hosting plans except the One Plan & Performance hosting range which has a limit of 500,000.
4. Cancellation/ Refunds
(1) The customer has 30 working days after the initial full payment of a new order to cancel a Shared/Reseller hosting package.
(2) Domain name purchases are non refundable and due to external restrictions cannot be transferred to another registrar for two month.
(3) VPS products are excluded from the 30 Day Money Back Guarantee
(4)Due to currency fluctuation payments by bitcoins will be be refunded in the following manner;
(a) GBP original Purchase price converted to the Bitcoins rate on the day of cancellation using the BPI price at coindesk.com
(5) Cancellation must be received via the Eria Hosting customer portal.
(6) We reserve the right to refuse, cancel or suspend service, at our sole discretion.
(1) Annual plans will renew automatically and payment request will be sent to the customers registered email address prior to the due date. Please see section 4 for information on how to cancel.
(2) Annual, Biennially and Triennial Hosting plans are renewed automatically unless canceled.
(3) A late payment fee of 40% will be applied to any overdue invoice. We reserve the right to modify the late fee.
(4) Charges may increase in line with Support, Electric, Upstream and licensing market cost.
6. Security, Backup & Financial Loss
(1) Eria IT services will not take any responsibility for any financial or data loss by the customer this includes any security breach, hardware failure or service downtime.
(2) It is the customer’s responsibility to use strong/complex password and to arrange their own off-site backup.
(3) Eria IT Services utilises FraudRecord & Maxmind to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudRecord & Maxmind for fraud using non-identifiable anonymous information.
(4) We reserve the right to cancel or suspend service, if you do not install the latest security updates or application version for any web application you may have installed we may suspend your account until you fix any security issue.
(5) It is the responsibility of the customer to make regular offsite backups. We will not be liable for any data loss incurred.
(1) Resellers may use their account for personal use, or to sell to their own clients. Resellers are responsible for directly supporting their clients. In the event resellers are uncertain of how to support their clients, feel free to open a ticket with our Support Department for assistance.
(2) Reseller Hosting may not be resold as a free hosting service.
(1) Eria IT services reserve the right to amend its terms and conditions and policies at any time without prior notice or notification.
8. Dedicated Servers and VPS
(1) Content prohibited to host at our network:
Spamming (including search engine spam, doorways, form spamming, etc.)
Mass mailing of any type (including double opt-in)
DoS/DDoS or other attacks (either outgoing or incoming)
Hacking (including situations when your VPS was hacked)
Distribution of malware/viruses – with or without knowledge
Copyrighted content/mp3/movies/cracked software or links to such content
Open proxies, TOR relays (due to abuse committed through open proxies)
Data mining (due to heavy resource usage)
Game servers (Open for public access)
(2) We do not offer any refunds on this product.
(3) All servers are unmanaged unless stated otherwise. Unmanaged is defined as only the hardware & network being supported.
(4) It is the responsibility of the customer to make regular offsite backups. We will not be liable for any data loss incurred.
(5) The parent will not take any responsibility for any financial or data loss.
(6) Managed services are defined as the active management and support of the current operating installed. Installation and migration of a new installation is not included.
9. Managed Dedicated Server & VPS
(1) Services included are;
(a) Updating Kernel
(b) Updating OS
(c) Hardware diagnosis
(e) Firewall configuration