TERMS OF SERVICE
sunbizhosting.co.uk ("The Company") agrees to furnish services
to the Subscriber, subject to the following TOS (Terms of Service).
Use of SunbizHosting Service constitutes acceptance and agreement
to SunbizHosting's AUP
as well as SunbizHosting's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of
Service) of sunbizhosting.co.uk and AUP
(Acceptable Use Policy). The AUP
may be changed from time to time at the discretion of the Company.
Subscriber understands that change to the AUP by the Company shall
not be grounds for early contract termination or non-payment.
Disclosure to Law Enforcement: The AUP
specifically prohibits the use of our service for illegal activities.
Therefore, Subscriber agrees that the Company may disclose any
and all subscriber information including assigned IP numbers,
account history, account use, etc. to any law enforcement agent
who makes a written request without further consent or notification
to the Subscriber. In addition SunbizHosting shall have the
right to terminate all service set forth in this Agreement.
Service Rates: Subscriber acknowledges
that the nature of the service furnished and the initial rates
and charges have been communicated to Subscriber. Subscriber
is aware that the Company may prospectively change the specified
rates and charges from time to time. The promotional offer is
contingent upon Company achieving and maintaining its cost of
service goals including but not limited to rates charged to
company by its suppliers.
Payment: Establishment of this service
is dependent upon receipt by the Company of payment of stated
charges. Subsequent payments are due on the anniversary date
of the month for that month's service.
Payments and Fees: Credit cards that
are declined for any reason are subject to a £1.00 declination
fee. Service will be interrupted on accounts that reach 5 days
past due. Service interrupted for nonpayment is subject to a
£10.00 reconnect charge. Accounts not paid by due date
are subject to a £5.00 late fee. Accounts that are not
collectable by SunbizHosting may be turned over to an outside
collection agency for collection. If your account is turned
over for collection, you agree to pay the company a "Processing
and Collection" Fee of not less than £30 nor more than
£100. If you desire to cancel your account, please follow
the proper procedure to do this as outlined in this TOS.
Refund and Disputes: All overcharges
or billing disputes must be reported within 60 days of the time
the dispute occurred. If you dispute a charge to your credit
card issuer that, in SunbizHosting's sole discretion is a valid
charge under the provisions of the TOS and /or AUP, you agree
to pay SunbizHosting an "Administrative Fee" of not less than
£30 and not more than £100.
Failure to Pay: The Company may temporarily
deny service or terminate this Agreement upon the failure of
Subscriber to pay charges when due. Such termination or denial
will not relieve Subscriber of responsibility for the payment
of all accrued charges, plus reasonable interest and any collection
Account Cancellation: Requests for canceling
accounts may be made in writing with at least 30 days notice
but not more than 60 days prior written notice and sent to:
SunbizHosting Attn: Cancellations
12 Egerton Street
SunbizHosting's preferred method of cancellation is via the
members section of your sunbizhosting.co.uk account. Please
log into the members section at www.sunbizhosting.co.uk and
you can request to have your account cancelled there via trouble
Once you submit your cancellation an email will be sent to the
primary contact email address we have on file which will contain
a cancelation code you must follow the instructions
in this email in order to verify that your cancellation request
is valid for the service/s specified in the email. The cancelation
code contained in this email must be verified within
48 hours of your request or it will expire. Once you have verified
this then your cancellation will be processed within 48 hours
or less and we will send you a confirmation that your request
has been completed.
If you receive the email containing the cancelation
code and do not verifie it within 48 hours your request
for a cancellation will not be processed and monthly recurring
charges will continue to be charged to the credit card or paypal
information found on file. An e-mail will be sent to
the primary contact email address on the account to advise you
that your cancellation request has not been processed.
If you fail to verifie within the 48 hours you may resubmit
your cancellation request online via the members section.
**If you do not receive the email we recommend
that you contact the customer service department by email asap.
You must have all account information to cancel.
Subscriber acknowledges that the service
provided is of such a nature that service can be interrupted
for many reasons other than the negligence of the company and
that damages resulting from any interruption of service are
difficult to ascertain. Therefore, subscriber agrees that the
company shall not be liable for any damages arising from such
causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability
for its own negligence may not in any event exceed an amount
equivalent to charges payable by subscriber for services during
the period damages occurred. In no event shall the company be
liable for any special or consequential damages, loss or injury.
SPAM and Unsolicited Commercial Email (UCE):
SunbizHosting takes a zero tolerance approach to the sending
of Unsolicited Commercial Email (UCE) or SPAM over our network.
Very simply this means that customers of SunbizHosting may not
use or permit others to use our network to transact in UCE.
Customers of SunbizHosting may not host, or permit hosting of,
sites or information that is advertised by UCE from other networks.
In addition, it is not acceptable to transmit bulk email through
remote SOCKS, HTTP or other similar proxies who in turn make
a SMTP (TCP port 25) connection to the destination mail servers.
This technique may result in account suspension or termination.
Violations of this policy carry severe penalties, including
termination of service. In order to prevent unnecessary blacklisting
due to spam we reserve the right to occasionally sample bulk
email being sent from servers.
Violation of SunbizHosting's SPAM policy
will result in severe penalties. Upon notification of an
alleged violation of our SPAM policy, SunbizHosting will
initiate an immediate investigation (within 48 hours of
notification). During the investigation, SunbizHosting may
restrict customer access to the network to prevent further
violations. If a customer is found to be in violation of
our SPAM policy, SunbizHosting may, at its sole discretion,
restrict, suspend or terminate customer's account. Further,
SunbizHosting reserves the right to pursue civil remedies
for any costs associated with the investigation of a substantiated
policy violation. SunbizHosting will notify law enforcement
officials if the violation is believed to be a criminal
First violations of this policy will result
in an "Administrative Fee" of £150 and your account
will be reviewed for possible immediate termination. A second
violation will result in an "Administrative Fee" of £250
and immediate termination of your account. Users who violate
this policy agree that in addition to these "Administrative"
penalties, they will pay "Research Fees" not to exceed £100
per hour that SunbizHosting personnel must spend to investigate
the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible
for the actions of their clients over the SunbizHosting
network, it is advisable that Customers develop a similar,
or stricter, policy for their clients.
BEGINNING IMMEDIATELY, anyone hosting websites or services
on their server that support spammers or cause any of our IP space
to be listed in any of the various Spam Databases will have their
server immediately removed from our network. The account will
not be reconnected until such time that you agree to remove ANY
and ALL traces of the offending material immediately upon
reconnection and agree to allow us access to the account to confirm
that all material has been COMPLETELY removed. Severe violations
may result in immediate and permanent removal of the account from
our network without notice to the customer. Any account guilty
of a second violation WILL be immediately and permanently
removed from our network without notice.
IP Address Ownership: If SunbizHosting
assigns Customer an Internet Protocol address for Customer's
use, the right to use that Internet Protocol address shall
belong only to SunbizHosting, and Customer shall have no
right to use that Internet Protocol address except as permitted
by SunbizHosting in its sole discretion in connection with
the Services, during the term of this Agreement. SunbizHosting
shall maintain and control ownership of all Internet Protocol
numbers and addresses that may be assigned to Customer by
SunbizHosting, and SunbizHosting reserves the right to change
or remove any and all such Internet Protocol numbers and
addresses, in its sole and absolute discretion. Our allocation
of IP addresses is limited by ARIN's new policies. These
new policies state that use of IP addresses for IP based
virtual hosts will not be accepted as justification for
new IP addresses. What this means to you is that you MUST
use name-based hosting where possible. We will periodically
review IP address usage, and if we find that clients are
using IP addresses where name-based hosting could be used,
we will revoke authorization to use those IP addresses that
could be used with name-based hosting.
Bandwidth and Disk Usage: Customer
agrees that bandwidth and disk usage shall not exceed the
number of megabytes per month for the Services ordered by
Customer on the Order Form. SunbizHosting will monitor Customer's
bandwidth and disk usage. SunbizHosting shall have the right
to take corrective action if Customer's bandwidth or disk
usage exceeds the Agreed Usage. Such corrective action may
include the assessment of additional charges, disconnection
or discontinuance of any and all Services, or termination
of this Agreement, which actions may be taken is in SunbizHosting's
sole and absolute discretion. If SunbizHosting takes any
corrective action under this section, Customer shall not
be entitled to a refund of any fees paid in advance prior
to such action.
System and Network Security: Users
are prohibited from violating or attempting to violate the
security of the SunbizHosting Network. Violations of system
or network security may result in civil or criminal liability.
SunbizHosting will investigate occurrences, which may involve
such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting Users who are involved
in such violations. These violations include, without limitation:
Accessing data not intended for such
User or logging into a server or account, which such
User is not authorized to access.
Attempting to probe, scan or test the
vulnerability of a system or network or to breach security
or authentication measures without proper authorization.
Attempting to interfere with service
to any user, host or network, including, without limitation,
via means of overloading, "flooding", "mail bombing"
Forging any TCP/IP packet header or
any part of the header information in any e-mail or
Taking any action in order to obtain
services to which such User is not entitled.
Notification of Violation:
SunbizHosting is under no duty to look
at each customer's or user's activities to determine if
a violation of the AUP
has occurred, nor do we assume any responsibility through
to monitor or police Internet-related activities.
First violation: Any User, which SunbizHosting
determines to have violated any element of this Acceptable
Use Policy, shall receive an email, warning them of
the violation. The service may be subject at SunbizHosting's
discretion to a temporary suspension pending a User's agreement
in writing, to refrain from any further violations.
Second Violation: Users that SunbizHosting
determines to have committed a second violation of any element
of this Acceptable Use Policy shall be subject to immediate
suspension or termination of service without further notice.
We reserve the right, to drop the section
of IP space involved in Spam or Denial-of-Service complaints
if it is clear that the offending activity is causing great
harm to parties on the Internet. In particular, if open
relays are on your network or a customer's network, or if
denial of service attacks are originating from your network.
In certain rare cases, we may have to do this before attempting
to contact you. If we do this, we will contact you as soon
as is feasible.
Suspension of Service or Cancellation:
SunbizHosting reserves the right to suspend network access to
any customer if in the judgment of the SunbizHosting network
administrators the customer's server is the source or target
of the violation of any of the other terms of the AUP
or for any other reason which SunbizHosting chooses. If inappropriate
activity is detected, all accounts of the Customer in question
will be deactivated until an investigation is complete. Prior
notification to the Customer is not assured. In extreme cases,
law enforcement will be contacted regarding the activity. The
customer will not be credited for the time the customer's accounrt's
SunbizHosting reserves the right to amend its
policies at any time. All shared, resellers and presence accounts
of SunbizHosting must adhere to the above policies. Failure
to follow any term or condition will be grounds for immediate
Cancellation. You will be held responsible for the actions of
your clients in the matter described on these Terms and conditions.
Therefore, it is in your best interest to implement a similar
or stricter Terms and conditions or otherwise called Acceptable
Indemnification: SunbizHosting wishes
to emphasize that in agreeing to the SunbizHosting Acceptable
Use Policy (AUP) and Terms of Service (ToS), customer indemnifies
SunbizHosting for any violation of the Acceptable
Use Policy (AUP) and Terms of Service (ToS) that results
in loss to SunbizHosting or the bringing of any claim against
SunbizHosting by any third-party. This means that if SunbizHosting
is sued because of a customer's or a customer of a customer's
activity, the customer will pay any damages awarded against
SunbizHosting, plus all costs and legal fees.
Miscellaneous Provisions: You must provide
us with, and keep current, good contact information for you.
E-mail, fax, and telephone contacts are used, in that order
A waiver by the Company of any breach of
any provision of this Agreement by Subscriber shall not
operate as or be construed as a continuing or subsequent
waiver thereof or as a waiver of any breach of any other
Subscriber shall not transfer or assign
this Agreement without the prior written consent of the
Company. Company may assign Agreement at anytime without
consent from or notice to Subscriber. Company reserves right
to cancel customers rights under this contract at anytime
without further obligation.
SunbizHosting takes no responsibility for
any material input by others and not posted to the SunbizHosting
Network by SunbizHosting. SunbizHosting is not responsible
for the content of any other websites linked to the SunbizHosting
Network; links are provided as Internet navigation tools
only. SunbizHosting disclaims any responsibility for any
such inappropriate use and any liability to any person or
party for any other person or party's violation of this
SunbizHosting is not responsible for any
damages your business may suffer. SunbizHosting does not
make implied or written warranties for any of our services.
SunbizHosting denies any warranty or merchantability for
a specific purpose. This includes loss of data resulting
from delays, non-deliveries, wrong delivery, and any and
all service interruptions caused by SunbizHosting.
It is absolutely forbidden to host IRC
servers on Shared Web Hosting Accounts. Shared Web Hosting
Accounts found hosting this material will be subject to
immediate cancellation without refund.
Responsibility for Content: You, as
SunbizHosting's customer, are solely responsible for the content
stored on and served by your SunbizHosting account.