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These terms and conditions form the basis of your
contract with Inlytech.com so please read them
carefully. Inlytech.com may modify these terms
and conditions, amplify them, and/or modify the
prices, as well as discontinue or change services
offered without any advance notice. |
Who this affects:
If you order services from Inlytech.com or
any of its brands you are bound by these terms
and conditions. If you are reselling our services
then these terms and conditions also apply
to your customers so you should make them
aware of them.
How to agree to these
terms and conditions by the customer.
During the ordering process you were asked
to read and agree to these terms and conditions.
By submitting your order to Inlytech.com or
its associated brands, you signify your agreement
to them.
If you do not agree
to these Terms:
Then please don't submit an order.
Why we need terms and
conditions:
Inlytech.com provides services to many customers.
We have a responsibility to protect our services
from the adverse effects of other peoples
activities. We also have a responsibility
to ensure that our customers web sites and
email services are available for them to use.
This means that we need to limit customers
activities to those which are compatible with
running a reliable and safe service.
The following terms and conditions were designed
to ensure these obligations are met.
Arbitration:
Inlytech.com
will be the sole arbiter as to what constitutes
a violation of the provisions described in
this document.
Length of contract:
If you pay your web hosting account monthly
then your contract runs for one month and
is renewed for another month when you make
your next months payments. If you pay annually
then your contract runs for 12 month from
the date you first ordered. Details of how
to cancel the contract can be found below.
Server abuse:
Any attempt
to undermine or cause harm to a server, or
customer, of Inlytech.com is strictly prohibited.
Offenders will be prosecuted to the fullest
extent of the law.
The content
of your web site:
All services
provided by Inlytech.com 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 International
laws is prohibited.
The following list is not exhaustive, but
it will indicate the sort of material you
are not permitted to host:
- copyright materia
The
content of your emails:
Spam is "Unsolicited junk e-mail
sent to large numbers of people to
promote products or services".
We have a zero tolerance policy towards
Spam and we monitor our mail servers
to ensure they are not being used
for spamming. If we allowed customers
to spam then our mail servers would
be blacklisted and none of our customers
would be able to send and receive
mail reliably. It is in all customers
interests that we stop spam.
We do not permit:
- The sending of Spam through our
servers.
- Sending out Spam through another
providers mail server which includes
links to web pages or email addresses
hosted on our servers.
- Web sites promoted by Spam or involved
in spamming or selling Spam related
software or bulk email lists.
As delegated by our upstream providers,
any sites using Spam or selling of Spam
related software or bulk email content
will be closed.
If you Spam, we will see you doing it,
your account will be terminated and you
will not get a refund.
If you run a mailing list all the people
you mail must have opted into the list.
The list must not have been obtained from
a third party. Your list server must use
a system where an email is sent to the
user when they sign up and they have to
reply or click on a link to confirm their
email address. This is known as "double
opt in". The mailman program we provide
with some hosting packages matches these
requirements, as do many other mailing
list systems. You must honour all unsubscribe
requests within 24 hours.
If we receive a Spam complaint about your
account we will.
- Suspend your account to prevent
any further violations.
- Contact you to ensure you will
not do it again.
- Either reactivate the account or
terminate it.
l.
- MP3 files containing
copyright music, unless you created the
music yourself and own the copyright.
- material we judge
to be threatening or obscene.
- material protected
by trade secret and other statute.
- pornography and sex-related
merchandising, including sites that links
to such content.
- pirated software,
also known as warez.
- hacker programs or
archives, including sites that links to
such content. hate propaganda.
- products designed
to defraud others, e.g. satellite hacking
equipment.
- promotion of illegal
activities. content that may be damaging
to our servers or any other server on
the internet.
- Web sites promoted
by Spam or involved in spamming or selling
Spam related software or bulk email lists.
- IRC or IRC bots.
If you are unsure whether or not your site
falls into these categories feel free to contact
us with a description before you sign up for
an account or publish material as an existing
customer
Protecting server resources:
Each server has a limited amount of processing
power and memory. We have found most our customers
to stay within "reasonable limits",
but sometimes people do cause problems for other
users by using too many resources.
if you are a shared hosting customer you may not:
- Provide hosting for third parties, unless
you have a proper reseller account.
- Link to cgi scripts running on your account
from other domains (e.g. banner exchanges).
- Use more than 10% of system resources on
the server.
We do not allow clients to install their own cgi
or php chat rooms. These tend to be a large drain
on system resources and we cannot allow it as
an account option. However, we provide chat systems
with some hosting accounts which you may use free
of charge.
Bulletin boards are permitted, provided they stay
within the 10% server usage limit explained above.
We allow you (subject to a suitable hosting plan)
to run programs to run continually in the background
(cron jobs). However, these must not overload
the server or affect other users sites.
If you go over any of the limits described above
we will suspend your account and contact you to
resolve the situation. We may offer dedicated
server hosting for an additional charge. If you
do not move to a dedicated server or reduce your
system usage we will terminate your account to
protect other customers.
Specific programs/scripts not permitted.
We do not permit the use of :
- The webmail part of PHP nuke or any of its
derivatives as this allows anyone to send
out email and will be abused by spammers.
- Formmail.pl from Matts Script archive.
We have a secure version already installed
on our servers, use it instead.
- Formmail.php. Use the secure formmail.cgi
which we have already installed on the server
Telnet / SSH / shell access
Inlytech.com:
provides SSH (secure telnet) access on some accounts
on request. SSH access is provided for the purpose
of testing scripts and carrying out site maintenace.
It is not provided for any other purpose and there
is no warranty of any kind should SSH fail to
function for off server connections or activities.
We reserve the right to withdraw SSH access at
any time without notification. Customers are not
permitted to run CGI or PHP shell emulation programs.
Bandwidth usage
Each hosting plan we provide has a set amount
of bandwidth available per month. We monitor this
usage and if your site goes over the limit it
will be suspended until the second day of the
next month. If you do not wish to wait until the
next month you can upgrade your hosting plan to
one with more bandwidth. If you are concerned
about going over your limit you should check your
bandwidth usage in the control panel in the middle
of the month and contact us if you think you will
go over.
If your web site down time exceeds this level
in any calendar month, we will offer a 5% credit
to your account for the month when the site is
down. In order to receive credit for you’re
down time, you must submit a request within 30
days of the occurance.
Conditions:
- Inlytech.com will issue a refund to the
customers account in the event of a Service
Outage due to the failure of one of the following
pieces of equipment owned and operated by
Inlytech.com or one of its suppliers; the
ATM Network, the LAN or a web hosting server.
For purposes of this guarantee, Service Outages
shall be defined as 10 consecutive minutes
of web site (HTTP) inaccessibility as measured
by our independent monitoring services.
- Inlytech.com will not be held responsible
for Service Outages resulting from equipment
not owned or operated by Inlytech.com or its
suppliers. This includes, but is not limited
to, Internet NAP failures or congestion (Problems
with one specific dial up ISP etc.) and non
Inlytech.com backbone failures. Additionally,
Inlytech.com will not be held responsible
for delays in the registration or transfer
of a domain due to registry related issues,
for outages resulting from malfunctioning
customer scripts or applications that are
installed by the customer, nor for unusual
traffic spikes or "denial of service"
attacks on customer web sites.
- Refunds will be issued upon request by
the customer and upon determination that a
Service Outage, as defined by this guarantee,
has occurred. Refund requests must be made
within thirty (30) days of the time period
during which the Service Outage took place.
Regardless of the number of outages, all refunds
are limited to a maximum of one month's hosting
service fees and do not include excess usage
fees, setup fees or other non-standard recurring
charges. Additionally, Service Outages will
not include downtime due to Acts of God, nor
for outside security breaches. Finally, Inlytech.com
will not be held liable for Service Outage
damages resulting in the loss of prospective
profits or anticipated sales or as a result
of expenditures, investments, or commitments
in connection with the business.
Please note that this is not an insurance scheme.
We do not cover problems relating to the company
that provides your internet connection and we
do not cover you for attacks by hackers,denial
of service attacks or other criminal activites.
It is in your own interests to consider business
continuity insurance if you rely on your web site
for commercial purposes.
DNS
modifications:
We do not provide DNS management services. If
you require changes to DNS records (A, MX etc)
we will do our best to carry them out but we cannot
provide a warranty that the changes will continue
to work in the future.
Billing
Monthly & ANNUAL Billing:
We DO NOT receive monthly payments and give discount
on annual payment. If your web site is important,
you are strongly recommended to pay annually (for
which you will receive a discount).
Annual Billing: If you pay annually we will not
bill your card automatically. We will send a renewal
notice to the email address you provided us with
when you signed up approximately one month before
the renewal date. However, because 40% of our
customers do not tell us when they change email
addresses and because many ISP's spam filters
remove emails which mention web hosting services
we cannot guarantee delivery of these emails.
We recommend that you make a note in your diary
one year from the date you ordered the hosting
originally. If we do not receive the renewal payment
by the due date then we will suspend the account.
If payment is still not received within 7 days
we will assume the accout is no longer required
and delete it.
Refunds:
Regular Hosting Clients: Should you become unsatisfied
with our services within the first 30 days of
your account activation, Inlytech.com will refund
your hosting fee subject to the money back guarantee
terms listed above.
Dedicated
servers: The 30 day money back guarantee
does not apply to dedicated servers because of
the time and cost involved in setting up the servers.
Cancellation Refunds: We DO NOT refund partial
monthly or annual hosting fees for accounts cancelled
after 30 days from the date of activation. For
example, if you cancel an annual account after
6 months you will not get a refund of 6 months
hosting fees.
Account
Cancellations:
By ordering services from us you agree to abide
by these cancellation procedures. Before we cancel
an account we need to make sure it really is the
site owner requesting the cancellation.
To cancel an account please send email webhosting@inlytech.com.
Accounts will be closed the same day, we do not
schedule closures for the end of the current months
hosting. Accounts are only be considered cancelled
once we have conformed by e-mail that we have
cancelled it for you. If you have not received
conformation from us it means your account is
still open and you will be billed for all services
provided until we have given such confirmation.
Inlytech.com will not be held liable for the non
arrival of your request to cancel an account.
It is your responsibility to ensure that you have
received confirmation of the account closure from
us.
When an account is cancelled, all of its files
are deleted and are not recoverable.
Data integrity and backups:
We will endeavour to keep backups of your data
in order to restore the server if we have a disk
failure. However, we provide no guarantee that
we will be able to do so. It is in your own interests
to keep a copy of your web site backed up on your
own computer. You can do this by simply uploading
changes from a copy you hold or by using the backup
tool provided with most of our web hosting accounts.
If you have an accident with your site we will
do our best to help, but we may not be able to
restore your files for you.
It is impossible to have too many backups. Keeping
a local copy at your location is the best way
to protect your data.
If you are a dedicated server customer then we
do not keep any backups of your files. If you
have paid us for a bachup drive then you have
the hardware and software necessary for making
backups, but it is your responsibility to make
sure you have it turned on. Again, we can make
no guarantees abotut he integrity of backups.
Virus Scanning:
Some of our hosting plans include virus scanning.
If you have ordered a service that includes this
feature we will scan your incoming mail for viruses
and reject any email which appears to contain
one. We will update our virus definitions on a
daily basis.
However, we cannot guarantee to remove all viruses
all of the time. For example, viruses hidden within
certain types of attachment may not be detected.
Viruses in emails forwarded from other domains
may not trigger the virus scan as it goes through
our mail transport agent. You should still have
an anti virus program running on your own computer
because it can check your whole system, not just
your emails.
Inlytech will not be held liable for any damage
caused by viruses received through emails received
via our servers.
Passwords:
We will provide you with a username and password
for accessing your account. This will be sent
to the email address you entered into our order
form. If you lose your password we can resend
it to the same email address. If your email address
has changed you will need to supply proof of your
identity before we will provide the password.
The reason for this is that a large percentage
of password requests we receive are from people
trying to gain unauthorised access to customer’s
accounts. It is in your interests that we verify
your identity before issuing a password.
Correspondence:
In the event of written notification of account
termination being sent by Inlytech.com to a customer,
any such communication sent by normal post shall
be considered received by the customer seven days
after it was posted.
Domain
name registration:
Where a domain name has been registered as part
of the service provided by Inlytech.com the customer
is bound by additional terms and conditions which
were displayed during the registration process.
Some of these are enforced by the different domain
name registries and you shoul dbe aware that you
may have a contract with them as well as with
us. We register all domains witht he customer
as registrant. . Inlytech.com may be listed as
technical, admin (and sometimes billing) contact
for some domain names but normally we enter the
customers details into all of these fields as
well. These contact details can be changed for
most domains by going to http://www.nameroute.com/change
but some registries may restrict what fields can
be changed.
Domain name registration fees are not refundable
because the registries will not refund us. It
is the customers responsibility to ensure that
all names are spelled correctly prior to ordering
domain names.
Change
of domain names:
Domain names cannot be changed once they are registered.
This is because the domain registries will not
refund us once a domain name is registered.
We can change the domain name associated with
your hosting account but you will need to register
the new domain name first. Changing the domain
name may require your account to be deleted and
it may cause disruption to your web site. The
old domain name will stop working. We reserve
the right not to allow domain changes.
Limits of support:
Inlytech.com provides support with server side
problems only. These include, non-functioning
of facilities provided with your hosting account
and any faults, which exist on the server your
site, is hosted on.
Customers are responsible for designing and maintaining
their own web sites. We can not provide advice
or support for any programming or web design issues
like FrontPage, cgi, php or asp
Support for your web design software should be
provided by the company which supplied the software.
Refusal of Service:
Inlytech.com reserves the right to refuse, cancel,
or suspend services at our sole discretion.
Sub domains:
If you have a web site without a domain name of
your own which has a subdomain based on a domain
name we own, you have no rights to transfer that
domain name to another provider. Inlytech.com
reserves the right to transfer any sub domain
in domains of its possession to an alternative
domain.
Indemnification:
By ordering services from us you agree
to indentify and hold harmless Inlytech.com from
any claims resulting from the use of the service
which damages the subscriber or any other party.
Limitation of
liability:
Your use of Inlytech.com's services are at your
sole risk. All Inlytech.com services are provided
on an "AS IS" basis WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS,IMPLIED, CONSTRUCTIVE,
OR STATUTORY, INCLUDING,WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT
OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions
do not allow the exclusion of implied warranties,
so this exclusion may not apply to you in full.
Inlytech.com makes no guarantee of availability
of service and reserves the right to change, withdraw,
suspend, or discontinue any functionality or feature
of the Inlytech.com service.
IN NO EVENT WILL INLYTECH.COM BE LIABLE FOR ANY
DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
OR
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE INLYTECH.COM's SERVICES OR ANY
CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT
LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER
FOR
BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED
BY
ANY FAILURE OF PERFORMANCE; ERROR; OMISSION;
INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION
OR
TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION;
COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM
OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF ANY RECORD.
The formation, construction and interpretation
of this agreement shall be controlled by the laws
of Pakistan. The U.N. Convention of Contracts
for the International Sale of Goods is expressly
excluded from any interpretation of this Agreement.
Legal jurisdiction:
These terms and conditions are exclusively governed
by Pakistani law and by ordering services from
Inlytech.com you submit to the exclusive jurisdiction
of the Pakistani courts. |
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