USP Web Solutions Limited issues this document. The company shall be known throughout this document as USP Web Solutions Ltd.
Use of USP Web Solutions Ltd Service constitutes acceptance and agreement to our TOS (Terms of Service). All service provisions are subject to the TOS (Terms of Service) of USP Web Solutions Ltd.
The TOS may be changed from time to time at the discretion of USP Web Solutions Ltd. The client understands that change to the TOS by USP Web Solutions Ltd shall not be grounds for non-payment.
USP Web Solutions Ltd agrees to provide the client with web hosting services for an annual fee. USP Web Solutions Ltd will never require clients to advertise for USP Web Solutions Ltd on their website in any way shape or form unless agreed upon, such as a non-profit organisation receiving complimentary hosting. Clients are allowed to use USP Web Solutions Ltd services for personal and/or business/commercial websites or content.
Content:
All services provided by USP Web Solutions Ltd 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 USP Web Solutions Ltd from any claims resulting from the use of the service which damages the subscriber or any other party.
Adult Content:
USP Web Solutions Ltd 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. USP Web Solutions Ltd 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 USP Web Solutions Ltd support before hosting such websites. USP Web Solutions Ltd 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 USP Web Solutions Ltd'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 USP Web Solutions Ltd 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 USP Web Solutions Ltd Network. If you use a domain name in connection with the USP Web Solutions Ltd 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:
USP Web Solutions Ltd takes a zero tolerance approach to the sending of Unsolicited Email (SPAM). Very simply this means that Clients of USP Web Solutions Ltd may not use or permit others to use our service for sending SPAM Emails. Clients of USP Web Solutions Ltd 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, USP Web Solutions Ltd may, at its sole discretion, restrict, suspend or terminate a customer's account. In addition, USP Web Solutions Ltd may impose a £100 penalty for each spam policy violation. USP Web Solutions Ltd solely reserves the right to refuse or cancel service to known spammers. Lastly, USP Web Solutions Ltd reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
"Catch All" Email Accounts:
USP Web Solutions Ltd does not allow the use of "catch all" email accounts. This is the practise of
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
directing all mail to a single mailbox. This practice is out-of-date and causes extreme surges of spam, both for you and for our spam filtering servers. To use an email address you must login to your control panel and create the required mailbox, catch-all mailboxes are banned and if found will be removed without notice or your account disabled.
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 USP Web Solutions Ltd 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, USP Web Solutions Ltd 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 USP Web Solutions Ltd 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. USP Web Solutions Ltd 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 USP Web Solutions Ltd operates 'closed' datacentre facilities. Physical access to any servers or related equipment at any USP Web Solutions Ltd locations is not permitted. Only fully authorised USP Web Solutions Ltd staff are permitted access to work onsite at these facilities.
Support Boundaries:
USP Web Solutions Ltd provides technical support to its Clients via it's online support portal (www.uspsupport.co.uk).
USP Web Solutions Ltd limits technical support to its area of expertise, this is providing web hosting services and related specialities.
Any additional work you may require from USP Web Solutions Ltd staff which does not fall within usual support boundaries is charged at a rate of £65 + VAT per hour, in 30 minute increments. All charges will be discussed before work commences on a per incident basis. Examples of work beyond the boundaries of normal support include: site scripting problems, script installation, website design and development.
Cancellations:
Requests for cancellation must be submitted via an online support ticket at our helpdesk located at www.uspsupport.co.uk. Your cancellation will be confirmed by USP Web Solutions Ltd.
Cancellation must be received 48 hours or more before your next payment is due. USP Web Solutions Ltd will then stop all future hosting invoices and you will NOT be billed again.
Changing a domains DNS to another provider or transferring a domain away from USP Web Solutions Ltd 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 USP Web Solutions Ltd of payment of all stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup.
Service may be interrupted on accounts that fall overdue. USP Web Solutions Ltd may, at its sole discretion, charge a fee of £15.00+VAT to reinstate a suspended account.
When payment is declined from your chosen payment method we will send an email notification and retry payment the following day, this will occur 3 times over a 3-5 day period. After this period if we have not received payment or had notice from you that the due payment is in hand, your account will be suspended or terminated at the sole discretion of USP Web Solutions Ltd.
It is very important you keep your email address on file with us current by notifying us of email address changes via www.uspsupport.co.uk. 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 USP Web Solutions Ltd, will be charged to your account for each cheque or other form of payment that is returned to USP Web Solutions Ltd unpaid.
Refunds and Disputes:
All payments to USP Web Solutions Ltd are non-refundable. This includes any setup fee and subsequent charges regardless of usage.
If you are paying annually for 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.
USP Web Solutions Ltd 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.
VAT and Payment Currency:
UK clients will be billed in GBP (Pounds Sterling) and prices are subject to VAT.
Product Pricing:
USP Web Solutions Ltd reserves the right to change the pricing of products and/or services at any time.
Invoicing:
USP Web Solutions Ltd does not provide paper or hard-copy invoices. PDF invoices are sent via email.
Domain Name Expiry and Redemption Fee's:
USP Web Solutions Ltd is not liable for expiry or loss of your domain name.
Before a domain expires you will be reminded to renew your domain by email to the address we hold on file for you. On the date a domain expires it will be deactivated by the registry, and no longer display your website. Once a domain is deactivated and expired you will have 30 days to contact us to renew the domain name at our regular renewal rates.
Redemption Period - After 30 days have passed since the expiry date of your domain, the domain is placed in its "redemption period" and to renew the domain at this stage will approx £100 GBP. This is a cost charged by the registry and passed on to you by us. Redemption periods last between 30 and 60 days, and then the domain is released to the public so anyone can re-register your domain and you will lose it.
Domain Transfers:
Any domain name registered by USP Web Solutions Ltd (as your registrar) is yours to keep. You can transfer your domain name to a different registrar at any time once the domain is 90 days old - Newly registered domains do have a 90 day waiting period where they cannot be transferred from USP Web Solutions Ltd to a different registrar.
Abuse:
Any attempts to undermine, slander, libel, threaten, or cause harm to a USP Web Solutions Ltd 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:
USP Web Solutions Ltd reserves the right at its sole discretion to refuse or cancel service. Violation of any of USP Web Solutions Ltd'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.
Information Disclosure Policy:
USP Web Solutions Ltd will not otherwise disclose its customers' personal and account information unless USP Web Solutions Ltd has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of USP Web Solutions Ltd, USP Web Solutions Ltd' customers, or others, or where USP Web Solutions Ltd has a good faith belief that the law requires such disclosure.
USP Web Solutions Ltd also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail, electronic communications, or other electronic data that USP Web Solutions Ltd stores or transmits for its customers. The circumstances under which USP Web Solutions Ltd will disclose such electronic customer communications or data are when:
- it is necessary in order to provide service to the customer
- it is necessary to protect the legitimate interests of USP Web Solutions Ltd and its customers
- it is required to cooperate with dispute policies, court orders, warrants, or other legal processes that USP Web Solutions Ltd determines in its sole discretion to be valid and enforceable
- it is necessary to provide to a law enforcement agency when the contents appear to pertain to the commission of a crime
Indemnification:
Customer agrees that it shall defend, indemnify, save and hold USP Web Solutions Ltd (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against USP Web Solutions Ltd, 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 USP Web Solutions Ltd against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with USP Web Solutions Ltd 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 USP Web Solutions Ltd to the amount paid for service.
Disclaimer:
USP Web Solutions Ltd will not be responsible for any damages your business may suffer. USP Web Solutions Ltd makes no warranties of any kind, expressed or implied for services we provide. USP Web Solutions Ltd 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 USP Web Solutions Ltd and its employees. USP Web Solutions Ltd makes no "uptime" guarantees. The Client agrees that USP Web Solutions Ltd shall not be liable for any damages as a result of loss of hosting services or hosted data. The Client further acknowledges that USP Web Solutions Ltd's liability for its own negligence is zero, and USP Web Solutions Ltd 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 USP Web Solutions Ltd be liable for any special or consequential damages, loss of revenue or injury.
USP Web Solutions Ltd can accept no responsibility for any loss of data or consequences arising from this. USP Web Solutions Ltd always advises clients to back up their site data regularly for their own protection. USP Web Solutions Ltd 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.
All communications (emails, verbal or written) are between USP Web Solutions Ltd 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 USP Web Solutions Ltd. If you are purchasing hosting on behalf of another party please ensure you specify the account owners details in the customer details section. USP Web Solutions Ltd will only be able to communicate with regards to the account with the registered customer and not a third-party.
Finally, USP Web Solutions Ltd wishes to emphasize that in accepting services, customers indemnify USP Web Solutions Ltd for the violation of any law or USP Web Solutions Ltd policy that results in loss to USP Web Solutions Ltd or the bringing of any claim against USP Web Solutions Ltd. This means that if USP Web Solutions Ltd is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against USP Web Solutions Ltd, 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.
Hosting
