Idut Hosting Terms of Service

Use of any Idut Hosting service constitutes acceptance and agreement to our TOS (Terms of Service). All service provisions are subject to the TOS (Terms of Service) of Idut Hosting.

The TOS may be changed from time to time at the discretion of Idut Hosting. The client understands that change to the TOS by Idut Hosting shall not be grounds for non-payment.

Idut Hosting agrees to provide the client with web hosting/web management services for a monthly or annual fee. Idut Hosting do not require clients to advertise for Idut Hosting on their website in any way shape or form unless agreed upon at time of setup. Clients are allowed to use Idut Hosting services for personal and/or business/commercial websites or content.

Fair Useage Policy:

Idut Hosting operate a FUP for web page builder (a.k.a. Idut Builder) packages. Clients will not be charged for the number of pages viewed by visitors unless Idut Hosting determine that page bandwidth used is exessive. At this time clients shall be contacted and either a bandwidth charge will take effect or page bandwidth will be limited.

Bandwidth Limits:

Clients will be contacted if their disk space or bandwidth use is approaching their given limit. Additional bandwidth will be charged to the client in the following month at the standard rates, ocassionally clients will be asked to pay for additional bandwidth before the next payment is due if the client is over the limit by a lot.

Content:

All services provided by Idut Hosting 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 other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Idut Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.

Adult Content:

Idut Hosting does not allow adult "xxx" related websites, pornography and sex-related content on its servers. Nor do we allow adult subscription or membership based "pay sites". This includes sexual content, or links to adult content hosted elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Idut Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Educational adult websites and adult e-commerce stores are allowed but due to such a fine line we recommend checking with Idut Hosting support before hosting such websites. Idut Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Some Examples of Unacceptable Content:

- Adult / Pornographic
- Hacking programs / Hacking Archives / Hacking Information
- Warez Sites
- Spam / Spamming Software

Distribution or Transmission of Obscene or Indecent Speech or Materials:

Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights:

Material accessible to you through Idut Hosting's Services may be subject to protection under United Kingdom (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Idut Hosting Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Idut Hosting Network. If you use a domain name in connection with the Idut Hosting Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

SPAM and Unsolicited Email:

Idut Hosting takes a zero tolerance approach to the sending of Unsolicited Email (SPAM). Very simply this means that Clients of Idut Hosting may not use or permit others to use our service for sending SPAM Emails. Clients of Idut Hosting may not host, or permit hosting of, sites or information that is advertised by SPAM from other services. Violations of this policy carry severe penalties, including termination of service.

If a customer is found to be in violation of our SPAM policy, Idut Hosting may, at its sole discretion, restrict, suspend or terminate a customer's account. In addition, Idut Hosting may impose a £100 penalty for each spam policy violation. Idut Hosting solely reserves the right to refuse or cancel service to known spammers. Lastly, Idut Hosting reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

MailFoundry Spam Filtering Limits:

Some domain names may have too many mailboxes or receive such a high volume of spam email that it will not be possible for us to provide MailFoundry service to them, due to the extreme usage. While MailFoundry is a dedicated system for handling huge volumes of spam it does have limits. Should the amount of spam or number of mailboxes in use on a domain break what Idut Hosting believes to be realistic limit thresholds then we will inform you that MailFoundry services will not be continued for your domain. SpamAssassin will be supplied in replacement to MailFoundry. It may be possible to buy MailFoundry services for 'extreme usage' domains for an additional negotiable charge depending on usage history and expected MailFoundry processing requirements.

Scripting, Applications and Background-running Programs:

We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. We provide a hosting service not a shell service. You are not allowed to compile and run software on our hosting servers.

You are free to use any scripts (such as php, cgi or perl) you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below.

Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, galleries, and banner exchanges. In the event a script affects normal server and/or administrative operations, Idut Hosting reserves the right to disable the account pending client cooperation and resolution.

Scripts we do not allow include:

- Chat servers/scripts of any kind are strictly prohibited.
- Formmail scripts using the filename "formmail" are prohibited.

Formmail and contact forms are acceptable providing the script is not named "formmail" for its filename and providing that you maintain the latest version of the script and it remains secure and un-abused by spammers.

We do allow you to have ONE remote MySQL user if requested. The user must have a fixed, non changing, IP address for us to grant access to. You can request a remote MySQL user via our helpdesk.

Network Security:

Customers may not use the Idut Hosting Network to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Idut 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. Users who violate system or network security may incur criminal or civil liability.

Physical Security:

For security reasons Idut Hosting operates 'closed' datacentre facilities. Physical access to any servers or related equipment at any server locations is not permitted. Only fully authorised staff are permitted access to work onsite at these facilities.

Cancellations:

Requests for cancellation must be submitted via an online support ticket at our helpdesk located at www.iduthosting.com/contact. Your cancellation will be confirmed by Idut Hosting.

Cancellation must be received 48 hours or more before your next payment is due. Idut Hosting will then stop all recurring payments due and you will NOT be billed again.

Changing a domains DNS to another provider or transferring a domain away from Idut Hosting does not constitute a cancellation request. A cancellation request must be submitted to our helpdesk and we will then confirm the cancellation date back to you.

Payment:

Establishment of this service is dependant upon receipt by Idut Hosting of payment of all stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup (monthly or yearly terms).

Service may be interrupted on accounts that fall overdue (such as a credit card being declined or expired). Idut Hosting may, at its sole discretion, charge a fee of £15.00GBP to reinstate a suspended account.

It is very important you keep your email address on file with us current by notifying us of email address changes via www.iduthosting.com/contact. Failure to keep us updated with your current email address may mean important communications don’t reach you, resulting in suspension or termination of your hosting account.

A service charge, equal to the charge incurred by Idut Hosting, will be charged to your account for each cheque or other form of payment that is returned to Idut Hosting unpaid.

Managed Advertising:

The following applies if Idut Hosting manage your on-site advertising through a Idut Website Management package.

Advertising revenue will remain as "pending" on your account until Idut Hosting receive confirmation of payment from advertising providers. Following confirmation, your online account will be credited with the revenue. Please contact Idut Hosting for details of payment timeframe.

If advertising revenue is used to cover payment of services provided by Idut Hosting, a deposit may be required and there should be enough in your online account to cover any payments when due. If advertising revenue does not fully cover your hosting costs, you will be contacted and asked to credit additional funds to your account. Any deposit required will be stated in the package contract. At the termination of the Website Management contract, the balance of your account will be settled and any deposit or advertising revenue will be returned to you.

A commission of 10% of advertising revenue may be retained to cover administrative costs.

For payment schedules, please refer to your website management contract.

Clients using Idut Hosting for managed advertising must also agree with the advertising provider's terms and conditions.

Refunds and Disputes:

All payments to Idut Hosting are non-refundable. This includes any setup fee and subsequent charges regardless of usage. If you dispute a charge to your credit card issuer that, in Idut Hosting's sole discretion is a valid charge under the provisions of this TOS, you agree to pay Idut Hosting an Administrative Fee of not less than £25 and not more than £100.

If you are paying annually for monthly hosting services and cancel early before your 12 months of service is over, we will issue a pro-rata refund for full unused months at time of cancellation. This refund does not apply to 12 month fixed contracts.

Idut Hosting does not offer any kind of "money back guarantee" or "trial period".

All domain registration fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your term.

Domain Name Expiry and Redemption Fee's:

Idut Hosting is not liable for expiry or loss of your domain name.

Domains registered by Idut Hosting on your behalf and still covered under a valid Idut Website Management package will be monitored and you will be contacted before the domain expires. If the domain name is not part of a fixed contract, the correct payment should be made to Idut Hosting at least 48 hours before the domain is due to expire.

Abuse:

Any attempts to undermine, slander, libel, threaten, or cause harm to a Idut Hosting server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Refusal of Service:

Idut Hosting reserves the right at its sole discretion to refuse or cancel service. Violation of any of Idut Hosting's TOS could result in a warning, suspension, or account termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy violations will not be released to the customer.

Privacy Policy

Idut Hosting will in the normal course of its business collect personal information from clients and prospective clients, for the purposes of billing, customer service, provision of information, as well as other legitimate business reasons. It is the policy of Idut Hosting to not disclose any personal information to third parties without prior consent of the individual. This information may be stored in a number of ways including electronic and paper formats.

Any person may request a copy of personal information pertaining to themselves, which shall be provided free of charge after reasonable proof of identity. Any personal information held on our systems will be deleted on request and after reasonable proof of identity

We may also store information about you using cookies which we can later access when you visit our websites at a later date. If you want to delete any cookies that are already on your computer, please refer to your system administrator who will be able to help you locate and remove these cookies. If you want to stop cookies being stored on your computer in future, please refer to your browser manufacturer's instructions by clicking "Help" in your browser menu. Please note that taking either of these measures may prevent you accessing features offered from our sites.

As with most websites, when you visit one of our sites, we will log your IP address and time of access which may be used later for research or fault investigation processes.

Indemnification:

Customer agrees that it shall defend, indemnify, save and hold Idut Hosting (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Idut Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Idut Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Idut Hosting server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Idut Hosting to the amount paid for service.

Disclaimer:

Idut Hosting will not be responsible for any damages your business may suffer. Idut Hosting makes no warranties of any kind, expressed or implied for services we provide. Idut Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Idut Hosting and its employees. Idut Hosting makes no "uptime" guarantees. Any mention of "uptime" is based on previous idependent monitoring of the server. The Client agrees that Idut Hosting shall not be liable for any damages as a result of loss of hosting services or hosted data. The Client further acknowledges that Idut Hosting's liability for its own negligence is zero, and Idut Hosting may not be held responsible. Liability or Damages in any event may not exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall Idut Hosting be liable for any special or consequential damages, loss of revenue or injury.

Idut Hosting can accept no responsibility for any loss of data or consequences arising from this. Idut Hosting always advises clients to back up their site data regularly for their own protection. Idut Hosting does not guarantee its own backups of customer data and is not liable for any loss of data, loss of backups or inability to restore service after implementing its disaster recovery plan.

If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with Idut Hosting then Idut Hosting will not be responsible for maintaining hosting for the resellers customers. Idut Hosting has no agreement or responsibility to any resold services. Resold services to others are your own responsibility.

All communications (emails, verbal or written) are between Idut Hosting and the client. These communications are private and are therefore not to be shared with any other parties.

This agreement is made between the customer (as specified in the customer details section when placing your order) and Idut Hosting. If you are purchasing hosting on behalf of another party please ensure you specify the account owners details in the customer details section. Idut Hosting will only be able to communicate with regards to the account with the registered customer and not a third-party.

Finally, Idut Hosting wishes to emphasize that in accepting services, customers indemnify Idut Hosting for the violation of any law or Idut Hosting policy that results in loss to Idut Hosting or the bringing of any claim against Idut Hosting. This means that if Idut Hosting is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Idut Hosting, plus costs and reasonable legal fees.

Failure to comply with any of our terms of service will result in grounds for immediate account deactivation or removal.