Terms Of Service (TOS)

Who this affects If you order services from Allspacedout.com 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 please be sure to make them fully 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 you are agreeing to be bound by them.

Arbitration Allspacedout.com will be the sole arbiter as to what constitutes a violation of the terms described in this document.

Length of contract If you opt to pay your web hosting account monthly then your contract runs for one month and is automatically renewed on the same date on subsequent months. If you pay annually then your contract runs for 12 months from the date of your order and you will receive an invoice for renewal approx 2 weeks prior to the end date. Details of how to cancel a contract can be found below.

Failure to pay Allspacedout.com may temporarily deny service or terminate an account if you fail to pay charges when due. Such termination or denial will not relieve you of responsibility for the accrued charges or any collection fees.

Server abuse Any attempt to undermine or cause harm to a Allspacedout.com server is strictly prohibited. Offenders will be prosecuted to the fullest extent of the law.

The content of your web site All services provided by Allspacedout.com 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 International laws is prohibited.

Examples include but are not limited to:

  • copyright material.
  • 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 link to such content.
  • pirated software, also known as warez.
  • hacker programs or archives, including sites that link 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 email support with a description before you sign up for an account or publish material as an existing customer.

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.

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.

Protecting server resources Each server has a limited amount of processing power and memory. We have found most of our customers 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 that run continually in the background (cron jobs). However, these must not overload the server or affect other users sites.

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 to use instead.
  • Formmail.php. Use the secure formmail.cgi that we have already installed on the server

Telnet / SSH / shell access Allspacedout.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 maintenance. 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 your next renewal date if you are on a monthly contract. 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. You will automatically be sent notification if you hit 80% usage.

IP Addresses and DNS delegation We provide IP address information in your welcome email. This is provided to allow access to the web site and control panel until the domain name has been transferred to our DNS servers. Customers are not permitted to link to their site or address via an IP address based link once the transfer is complete. This is for your own safety as it prevents links becoming out dated if we change your IP address.

All customers must change their domain names' DNS servers to those specified on their welcome email. We do not permit customers to use external DNS management tools because of the likelihood of failure if we change an IP address. If you decide to use an external DNS service then you agree to absolve Allspacedout.com of all liability should your site fail due to DNS errors or the IP address changing at a later date.

All IP addresses remain the property of Allspacedout.com or its upstream providers and are provided according to ARIN and RIPE rules and only when required for technical reasons.

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.

30 day money back guarantee The full wording of the guarantee (where applicable) is given below: We are so confident you will be happy with our web hosting services that we offer a 30 day, no quibble money back guarantee.

If you are unhappy with any aspect of our service, and we are unable to put things right to your satisfaction, we will refund all web hosting charges paid by you (less 10% to cover credit card commission and associated charges).

To claim on this guarantee you must notify us of your wish to cancel an account within the first 30 days following activation and request a refund.

There are only three conditions:

  • You must have had a technical problem of some sort with the account which is recorded in our helpdesk, we will not issue a refund just because you have found a cheaper offer.
  • Because domain name registration fees are passed on by us to the registration authorities we cannot refund these.
  • We reserve the right to pass on any excess bandwidth charges incurred by you in the first 30 days.

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 activities. It is in your own interests to consider business continuity insurance if you rely on your web site for commercial purposes.

Billing

Monthly Billing: All credit cards are billed automatically on the anniversary of the date the account was ordered. So if a customer orders hosting on the 15th of the month they would be billed on the 15th every month. We believe this is sufficient advance notification of payment due. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that a card is declined for any reason we will send an e-mail with instructions for submitting a new credit card. If new card details are not supplied within 24 hours we will suspend the account. If new card details are still not received within 7 days we will delete the account.

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 many 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 account is no longer required and delete it.

You must provide us with, and keep up to date contact information for you, eMail is the preferred method of contact and in many cases the only method so it is imperative we have up to date contact information for all clients.

Refunds

Regular Hosting Clients: Should you become unsatisfied with our services within the first 30 days of your account activation, Allspacedout.com will refund your hosting fee subject to the money back guarantee terms listed above.

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 email support with your request.

Accounts will be closed the same day, we do not schedule closures for the end of the current months hosting. Accounts are only 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.

Allspacedout.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.

Keeping a local copy at your location is the best way to protect your data.

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 reset it and email it to your email address on file. 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 customers accounts. It is in your interests that we verify your identity before issuing a password.

Domain name registration Where a domain name has been registered as part of the service provided by Allspacedout.com, the customer is bound by additional terms and conditions that were displayed during the registration process. The different domain name registrars enforce some of these and you should be aware that you might have a contract with them as well as with us. We register all domains with the customer as registrant. Allspacedout.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.

Domain name registration fees are not refundable because the registries will not refund us. It is the customer's 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.

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. Allspacedout.com reserves the right to transfer any sub domain in domains of its possession to an alternative domain.

Limits of support Allspacedout.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. If you have a Reseller account we cannot provide technical support for YOUR customers, it is your responsibility to look after them and to provide support.

Customers are responsible for designing and maintaining their own web sites. We cannot 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 Allspacedout.com reserves the right to refuse, cancel, or suspend services at our sole discretion.

Indemnification By ordering services from us you agree to indemnify and hold harmless Allspacedout.com from any claims resulting from the use of the service which damages the subscriber or any other party.

Home | Resellers | Support | Hosting Plans | Contact Us | TOS
2006 AllSpacedOut . All rights reserved.