Hosting Terms and Conditions
Revised 28th January 2007
All users of Peachweb Hosting, and all customers upon signing up for
Peachweb Hosting, agree to comply with Peachweb Hosting's Terms and Conditions
(T&C). The spirit of the T&C is to ensure customers are using Peachweb Hosting's services with due regard to the rights of other Internet users and in
conformity with the requirements of Peachweb Hosting's network environment. The
T&C are not exhaustive and Peachweb Hosting reserves the right to add, delete,
or modify any provision of its T&C at any time without notice, effective
upon posting of the modified T&C to our site. Any complaints about a customer’s
violation of the T&C should be sent to mail@whizzpip.co.uk. The T&C
supersedes any other agreement with Peachweb Hosting, whether written, oral, by
conduct, or otherwise.
[I] Web Hosting Customer Restrictions
The following apply only to Peachweb Hosting’s Web Hosting customers, and supplement the terms in sections II and III that applies to all Peachweb Hosting customers:
Server Resources
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its services. Peachweb Hosting will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Peachweb Hosting’s customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a Peachweb Hosting server, and selling or distributing software (on a web site residing on a Peachweb Hosting server) that facilitates spamming. Violators will be assessed and could face immediate suspension. Peachweb Hosting reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
CGI Scripts
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. Peachweb Hosting does not permit CGI script sharing with domains not hosted by Peachweb Hosting.
Background Running Programs and Cron Jobs
Peachweb Hosting may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Peachweb Hosting support staff at http://support.whizzpip.co.uk so that we can arrange set-up.
IRC
Peachweb Hosting does not allow IRC or IRC bots to be operated by Web Hosting customers.
[II] All Peachweb Hosting Customers
The following Terms of Use apply to ALL Peachweb Hosting customers:
Services
Peachweb Hosting’s services include, but are not limited to:
- any act of preparing, setting up, connecting, maintaining, terminating,
or reconnecting customers’ account (including all billing data and the
space on the particular Web server that Peachweb Hosting provides to customers);
- any use by customers, or any access provided to customers by Peachweb Hosting,
of computing, telecommunications, software, information, hardware, and equipment;
- any act, or provision of any service, by Peachweb Hosting to customers, related
to web hosting and domain name registrations (including server usage and technical
support), regardless of duration and whether paid for or not;
- any provision by Peachweb Hosting to customers, of any space, Internet connectivity,
or electrical power;
- any access or use related to the Peachweb Hosting’s web site, including
the web site itself;
- any other service mentioned in this policy;
- any other service provided by Peachweb Hosting to customers, whether used or
not;
- any other Peachweb Hosting that are used by customers, whether offered
or provided by Peachweb Hosting to customers.
Ownership of Web Site
The legal owner of customers’ web sites and accounts with Peachweb Hosting will be the individual or organisation whose name is listed in Peachweb Hosting’s database as the owner. Customers will fully cooperate with and abide by any and all of Peachweb Hosting’s security measures and procedures in the event of any dispute over ownership of customers’ web sites and accounts with Peachweb Hosting.
Illegal Use
Peachweb Hosting servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorisation; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Peachweb Hosting, all Peachweb Hosting customers certify that they and/or the organisation they represent in procuring services from Peachweb Hosting are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organisations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Peachweb Hosting’s customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a Peachweb Hosting server, and selling or distributing software (on a web site residing on a Peachweb Hosting server) that facilitates spamming. Violators will be assessed a fine and will face immediate suspension. Peachweb Hosting reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorisation of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Viruses and Other Destructive Activities
Use of Peachweb Hosting’s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Peachweb Hosting’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Adult Content
Pornography and sex-related merchandising are prohibited on Peachweb Hosting servers. This includes sites that may infer sexual content or provide links to adult content 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, or provide links to such sites. Other types of Adult sites may be permitted, although you agree to check with Peachweb Hosting prior to creating your site.
Child Pornography
The use of Peachweb Hosting’s services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Peachweb Hosting is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
Privacy
Peachweb Hosting is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Peachweb Hosting urges its customers to assume that all of their on-line communications are insecure. Peachweb Hosting cannot take any responsibility for the security of information transmitted over Peachweb Hosting's facilities. Additional details on privacy and Peachweb Hosting’s use of customer information can be found in Peachweb Hosting’s Privacy Statement.
Customer Responsibility
Customers are required to use the Peachweb Hosting network responsibly. This includes respecting the other customers of Peachweb Hosting. Peachweb Hosting reserves the right to suspend and/or cancel service with any customer who uses the Peachweb Hosting network in such a way that adversely affects other Peachweb Hosting customers. While Peachweb Hosting may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Peachweb Hosting does not monitor its customers' communications or activities to determine whether they are in compliance with the T&C. However, when Peachweb Hosting becomes aware of any violation of the T&C or other user agreements, Peachweb Hosting may take any action to stop or correct such violation, including, but not limited to, denying access to Peachweb Hosting’s services and equipment or to the Internet. In addition, Peachweb Hosting may take action against a customer or a customer of such customer because of the activities of such customer. Peachweb Hosting anticipates that customers who offer Internet services will cooperate with Peachweb Hosting in any corrective or preventive action that Peachweb Hosting deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Peachweb Hosting policy and Peachweb Hosting reserves the right to take any such action even though such action may affect other customers of the Peachweb Hosting customer.
Actions Taken by Peachweb Hosting
The failure by a customer to meet or follow any of the T&C is grounds for account deactivation. Peachweb Hosting will be the sole arbiter as to what constitutes a violation of the T&C apart from illegal usage issues, where we also reserve the right to act on instruction by any enforcment agency, such as Trading Standards or Law Enforcement Agencies. Peachweb Hosting reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Peachweb Hosting becomes aware of an alleged violation of its T&C, Peachweb Hosting will either initiate an investigation or act upon instruction from by the recognised enforcement agency. During the investigation, Peachweb Hosting may restrict a customer's access in order to prevent further potentially unauthorised activity. Depending on the severity of the violation, Peachweb Hosting may restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Peachweb Hosting will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the T&C if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Peachweb Hosting does not issue credits for outages incurred through service disablement resulting from T&C violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Peachweb Hosting.
Indemnification
Peachweb Hosting customers agree to protect, defend, hold harmless, and indemnify Peachweb Hosting, any third party entity related to Peachweb Hosting (including, without limitation, third party vendors), and Peachweb Hosting’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Peachweb Hosting, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of Peachweb Hosting’s services.
Disclaimer
The Peachweb Hosting service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Peachweb Hosting expressly disclaims any representation or warranty that the Peachweb Hosting service will be error-free, secure or uninterrupted. No oral advice or written information given by Peachweb Hosting, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Peachweb Hosting and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Peachweb Hosting may immediately terminate provision of Peachweb Hosting’s services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Peachweb Hosting in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL Peachweb Hosting (INCLUDING, WITHOUT LIMITATION, Peachweb Hosting’s EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS Peachweb Hosting, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Peachweb Hosting’s SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR Peachweb Hosting, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY Peachweb Hosting EVEN IF Peachweb Hosting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Peachweb Hosting’S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE T&C OR Peachweb Hosting’s SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY Peachweb Hosting OR Peachweb Hosting’S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL POUND AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Modifications
Peachweb Hosting may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Peachweb Hosting’s services. Certain changes to Peachweb Hosting’s services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and Peachweb Hosting is not liable, for any and all such personalized applications and content, except as expressly agreed to by Peachweb Hosting.
Backup of Data
Except where Peachweb Hosting has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Peachweb Hosting is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Peachweb Hosting. Peachweb Hosting make daily offsite backups, although we can not gaurantee that these are always 100% successful.
Third Party Licenses
Peachweb Hosting makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, Peachweb Hosting makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Peachweb Hosting specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Peachweb Hosting liable in any way for the revocation of any license, which has been licensed to Peachweb Hosting. The use of the Technologies obtained from or through Peachweb Hosting, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Non-Peachweb Hosting Products
Any mention of non-Peachweb Hosting products by Peachweb Hosting, its employees, or any third party entity related to Peachweb Hosting is for information purposes only and does not constitute an endorsement or recommendation by Peachweb Hosting. Peachweb Hosting disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Peachweb Hosting products or services.
Intellectual Property
Customers will not, without Peachweb Hosting’s express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Peachweb Hosting’s web site, and customers will not use any of Peachweb Hosting’s trademarks, service marks, copyrighted materials, or other intellectual property without Peachweb Hosting’s express written consent. Customers will not, in any way, misrepresent their relationship with Peachweb Hosting, attempt to pass themselves off as Peachweb Hosting, or claim that customers are Peachweb Hosting.
Assignment
Customers may not assign or delegate their rights or obligations under the T&C or other agreement for Peachweb Hosting’s services, either in whole or in part, without the prior written consent of Peachweb Hosting.
Minimum Age Requirement
Peachweb Hosting customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the T&C in order for the Minor to become a Peachweb Hosting customer. A parent or guardian who accepts the T&C on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the T&C, including the timely and full payment of the charges for Peachweb Hosting, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Peachweb Hosting’s express written consent to the contrary. Any acceptance of the T&C or any other agreement for Peachweb Hosting’s services will be deemed null and void to the extent that Peachweb Hosting will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of Peachweb Hosting’s services.
Force Majeure
Peachweb Hosting will not be liable for delays in its performance of the T&C or Peachweb Hosting caused by circumstances beyond Peachweb Hosting’s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). Peachweb Hosting will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.
Waiver and Amendment
Any waiver, modification, or amendment of any provision of the T&C or other agreement for Peachweb Hosting, initiated by a customer, will be effective only if accepted in writing and signed by an authorised representative of Peachweb Hosting.
Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Peachweb Hosting and its customers. Each of Peachweb Hosting and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
[III] All Customer's Billing Policy
The following Terms of Use constitute Peachweb Hosting’s Billing Policy and apply to ALL Peachweb Hosting customers:
Payments
All charges are shown in UK Pounds. Payments are to be made in UK Pounds.
Peachweb Hosting accepts the following types of payment:
- Cheque
- Paypal
- Bank Transfer
Initial Account payments must be made via Paypal.
All payments are due on the Account Statement Date, available within Helm. The Account Statement Date is the monthly or annual anniversary of the date the account was activated. Peachweb Hosting do not store or automatically charge your payment method and it is your responsibility to make all payments in a timely manner.
Customers not paying by Paypal or credit or Debit card agree to make payment of their balance due within ten (10) days of the Account Statement Date.
Accounts that are eleven (11) days past due will automatically incur a £5 Late Payment Fee. Accounts that are twenty (20) days past due will automatically be suspended and a £5 Suspension Fee will also bee added.
If paying by cheque, your account will be flagged as paid the day the cheque arrives at Peachweb Hosting. However, if the cheque is not honoured by your bank, an additional £10 Cheque Return payment will be added to your account and your payment will be removed from our system which may also incur Late Payment and Suspension Fee's if applicable.
Billing Cycles (Terms)
You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal or you may also be asked for a pro-rata charge to bring you into line. Additional items are non-refundable.
Account Renewals
In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan’s Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
Statements
Peachweb Hosting does not mail paper invoices or statements. Statements can be viewed and printed through Control Panel.
Fees
- Returned Checks
Peachweb Hosting charges a £10.00 fee for returned checks. Customers that
issue a check will be required to submit future payments with a certified
check or money order.
- Bank Transfer
Peachweb Hosting does NOT charge fees for accepting payment via bank transfer,
however, international bank transfers may be assessed a £20.00 processing
fee by an intermediary bank in London. In addition, your issuing bank may
also charge a fee for sending the wire. Please add these fees to the amount
that you are sending to Peachweb Hosting or the amount credited to your account
will be less than your intended payment.
Hosting Plan Changes
Customers electing to change to a lower priced hosting plan on the same platform will be charged a £5 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between the setup fee applicable to your new and former plans.
Account Splits and Mergers
Peachweb Hosting encourages customers to merge hosting plans contained in two or more accounts into one account. There is no fee for this service. Customers may also request that Peachweb Hosting separate one or more plans contained under one account into separate accounts.
Cancellations
Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact Peachweb Hosting's Support Desk Team. Peachweb Hosting's customer service representatives will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service.
Cancellation requests must be received by Peachweb Hosting a minimum of thirty (30) days prior to the end of your Billing Cycle for dedicated server plans and a minimum of ten (10) days prior to the end of your Billing Cycle for all other plans. Cancellations become effective on the day processed by Peachweb Hosting. Peachweb Hosting is unable to cancel your account effective for a future date. Peachweb Hosting will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Peachweb Hosting as soon as possible.
Peachweb Hosting does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Peachweb Hosting's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Peachweb Hosting reserves the right to cancel any account, at any time, without notice, for any reason Peachweb Hosting considers appropriate.
Billing/Price Changes
Peachweb Hosting's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.