| Acceptable Use Policy (AUP) and
Terms of Service (TOS) TERMS OF
SERVICE (TOS) IMPORTANT NOTICE: *All Payments To TandyUK Servers
(TandyUK) Are Non-Refundable* 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 TandyUK Servers 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 in advance of the provision of service. Subsequent payments
are due on the anniversary date of the month for the following
month's service.
Payments and Fees: Cheques
returned for any reason are subject to a £29.00 returned item
charge. 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 £200 reconnect
charge. Accounts not paid by due date are subject to a £10
late fee. Accounts that are not collectable
by TandyUK Servers 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 £50 nor more than £150. If you
desire to cancel your account, please follow the proper procedure to
do this as outlined in this TOS. Refund and Disputes: All payments to
TandyUKServers.co.uk are nonrefundable.
This includes the one time setup fee and subsequent charges
regardless of usage. 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 TandyUK
Server's sole discretion is a valid charge under the provisions of
the TOS and /or AUP, you agree to pay TandyUK Servers an
"Administrative Fee" of not less than £50 and not
more than £150. 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
fees. Account Cancellation: Requests for cancelling accounts
may be made in writing with at least 30 days notice but not more
than 60 days prior written notice and sent to: Cancellation Department 65 Ardingly Drive Goring By Sea Worthing West Sussex BN12 4TN United Kingdom 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. New Domain Accounts: All new webhosting
accounts involving new domains will be set up and entered into our
DNS servers within 3 to 5 business days. Due to unforeseen
complications, however, this process may sometimes require up to 7
business days. If the new domain is registered by the account
holder, there will be no handling fee. If the domain is registered
by TandyUK Servers on behalf of the account holder a handling fee
will be incurred. Transfer of Domains: New webhosting
accounts which involve the transfer of a domain from another
provider to TandyUK Servers will require a minimum of seven (7) days
to be set up and entered into our DNS servers. In some cases, such
transfers may take up to sixty (60) days. Due to the unpredictable
nature of the transfer process, no guarantees are made regarding the
amount of time a specific transfer may take. If the transfer of the
domain is done by TandyUK Servers on behalf of the account holder a
handling fee will be incurred. If the customer cancels service
during the transfer period for any reason, all charges are
considered earned. Support Boundaries: TandyUK Servers, provides 24 x 7
technical support to our subscribers (except for few holidays and
short company meetings when we close our center.) We limit our
technical support to our area of expertise. The following is our
guidelines when providing support: TandyUK Servers provides support
related to your server or virtual site physical functioning. TandyUK
Servers does not offer tech support for application specific issues
such as cgi programming, html
or any other such issue. TandyUK Servers does not provide technical
support for YOUR customers. If you can email, we encourage you to
email support@TandyUKServers.co.uk
for assistance. If you are able to get online and have other
questions, the answers may be on our home page - we encourage you to
check there first. Lastly, the Help files in the program you are
using may have the answer to your question so please do investigate
these resources before calling tech support. SPAM and Unsolicited Commercial Email (UCE):
TandyUK Servers 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 TandyUK Servers may not use or
permit others to use our network to transact in UCE. Customers of
TandyUK Servers 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 TandyUK Server's SPAM policy will
result in severe penalties. Upon notification of an alleged
violation of our SPAM policy, TandyUK Servers will initiate an
immediate investigation (within 48 hours of notification). During
the investigation, TandyUK Servers may restrict customer access to
the network to prevent further violations. If a customer is found
to be in violation of our SPAM policy, TandyUK Servers may, at its
sole discretion, restrict, suspend or terminate customer's account.
Further, TandyUK Servers reserves the right to pursue civil
remedies for any costs associated with the investigation of a
substantiated policy violation. TandyUK Servers will notify law
enforcement officials if the violation is believed to be a criminal
offense. First violations of this policy will result in
an "Administrative Fee" of £250 and your account
will be reviewed for possible immediate termination. A second
violation will result in an "Administrative Fee" of £500
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
£175 per hour that TandyUK Servers 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 TandyUK Servers network,
it is advisable that Customers develop a similar, or stricter,
policy for their clients.
Network IP Address Ownership: If TandyUK
Servers assigns Customer an Internet Protocol address for
Customer's use, the right to use that Internet Protocol address
shall belong only to TandyUK Servers, and Customer shall have no
right to use that Internet Protocol address except as permitted by
TandyUK Servers in its sole discretion in connection with the
Services, during the term of this Agreement. TandyUK Servers shall
maintain and control ownership of all Internet Protocol numbers and
addresses that may be assigned to Customer by TandyUK Servers, and
TandyUK Servers 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 (the "Agreed Usage"). TandyUK Servers will
monitor Customer's bandwidth and disk usage. TandyUK Servers 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 TandyUK Server's sole
and absolute discretion. If TandyUK Servers 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. Bandwidth
usage is measured on a calendar month basis. Both incoming and
outgoing traffic are counted. In the event that a customer
exceeds the included allocation, TandyUK Servers may, at its sole
discretion, collect a deposit, in the amount of £0.50 per GB,
against customer's billing information contained on file with
TandyUK Servers. Data transfer in excess of each server's monthly
allowance is automatically billed on or around the 10th of each
month, for the previous calendar month. Unused bandwidth
allocations cannot be carried over to future months, or applied to
other servers. System and Network Security: Users are
prohibited from violating or attempting to violate the security of
the TandyUK Servers Network. Violations of system or network
security may result in civil or criminal liability. TandyUK Servers
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" or
"crashing". Forging any TCP/IP packet header or any part
of the header information in any e-mail or newsgroup posting. Taking any action in order to obtain services
to which such User is not entitled.
Notification of Violation: TandyUK Servers 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 our AUP to
monitor or police Internet-related activities. First violation: Any User, which TandyUK Servers 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 EV1Servers's discretion to a temporary suspension
pending a User's agreement in writing, to refrain from any further
violations. Second Violation: Users that TandyUK Servers
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:
TandyUK Servers reserves the right to suspend network access to any
customer if in the judgment of the TandyUK Servers network
administrators, or appointed 3rd party staff including
but not limited to the staff of TandyUK Servers Internet Service
Providers, 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 TandyUK Servers 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 machines were suspended. Changes to Policies: TandyUK Servers
reserves the right to amend its policies at any time. All
Sub-Networks, resellers and managed servers of TandyUK Servers 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 Terms of use policy. Indemnification: TandyUK Servers wishes
to emphasize that in agreeing to the TandyUK Servers Acceptable Use
Policy (AUP) and Terms of Service (TOS), customer indemnifies
TandyUK Servers for any violation of the Acceptable Use Policy (AUP)
and Terms of Service (TOS) that results in loss to TandyUK Servers,
or TandyUK Servers Internet Service Providers, or the bringing of
any claim against TandyUK Servers, or against TandyUK Servers
Internet Service Providers, by any third-party. This means that if
TandyUK Servers is sued because of a customer's or a customer of a
customer's activity, the customer will pay any damages awarded
against TandyUK Servers, or TandyUK Servers Internet Service
Providers, plus all costs and legal fees. Miscellaneous Provisions: You must
provide us with, and keep current, good contact information for you.
E-mail, and telephone contacts are used, in that order of
preference. 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 provision thereof. 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. TandyUK Servers takes no responsibility for
any material input by others and not posted to the TandyUK Servers
Network by TandyUK Servers. TandyUK Servers is not responsible for
the content of any other websites linked to the TandyUK Servers
Network; links are provided as Internet navigation tools only.
TandyUK Servers 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 policy. TandyUK Servers is not responsible for any
damages your business may suffer. TandyUK Servers does not make
implied or written warranties for any of our services. TandyUK
Servers 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 TandyUK Servers.
It is absolutely forbidden to host
pornographic content or IRC servers on Virtual Server Accounts.
Virtual Server Accounts found hosting this material will be subject
to immediate cancellation without refund. Responsibility for Content: You, as
TandyUK Server's customer, are solely
responsible for the content stored on and served by your TandyUK
Servers server. TandyUK Servers is not responsible for monitoring
Software and/or Content stored on Dedicated Servers Managed by
TandyUK Servers, except in those situations as outlined in these
Terms of Service (TOS) and in accordance with our Acceptable Use
Policy (AUP). In no circumstances can TandyUK Servers be held
accountable for breaches of this policy, including those caused by
TandyUK Servers Personnel. Subscriber
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. Windows Servers: Requirements for
using Microsoft software. Subscribers are prohibited from allowing
more than five (5) authenticated users of the Microsoft Windows
Server Operating Systems under Microsoft licensing terms and could
create liability issues with Microsoft if violated. Denial of Service: We reserve the right
to refuse service to anyone at any time for any reason. ACCEPTABLE
USE POLICY (AUP) TandyUK Server's
Acceptable Use Policy ("AUP") is provided to give our
customers and users a clear understanding of what TandyUK Servers
expects of them while using the service. All users of TandyUK
Server's Internet services: those who
access some of our Services but do not have accounts, as well as
those who pay a service fee to subscribe to the Services, must comply
with this AUP and our TOS (Terms of Service). Ensure reliable service to our
customers
Ensure security and privacy of our
systems and network, as well as the networks and systems of others
Comply with existing laws
Maintain our reputation as a
responsible service provider
Encourage responsible use of the
Internet and discourage activities which reduce the usability and
value of Internet services
Preserve the value of Internet
resources as a conduit for free expression and exchange of
information
Preserve the privacy and security of individual users
TandyUK Servers intends to provide its customers
access to everything the Internet has to offer. While TandyUK Servers
is firmly committed to the principles of free speech, there are
certain activities that may be damaging to the resources of both
TandyUK Servers and the Internet and cannot be permitted under the
guise of free speech. The resources of the TandyUK Servers and the
Internet are limited, and abuse of these resources by one user has a
negative impact on the entire community. Illegal use: TandyUK Server's services
may not be used for illegal purposes, or in support of illegal
activities. TandyUK Servers reserves the right to cooperate with
legal authorities and/or injured third parties in the investigation
of any suspected crime or civil wrongdoing. Harm to minors: Use of the TandyUK
Servers service to harm, or attempt to harm, minors in any way,
including, but not limited to child pornography. Threats: Use of the TandyUK Servers
service to transmit any material (by e-mail, uploading, posting or
otherwise) that threatens or encourages bodily harm or destruction
of property. Harassment: Use of the TandyUK Servers
service to transmit any material (by e-mail, uploading, posting or
otherwise) that harasses another. Fraudulent activity: Use of TandyUK
Servers service to make fraudulent offers to sell or buy products,
items, or services, or to advance any type of financial scam such as
"pyramid schemes," "ponzi
schemes," and "chain letters." Forgery or impersonation: Adding,
removing or modifying identifying network header information in an
effort to deceive or mislead is prohibited. Attempting to
impersonate any person by using forged headers or other identifying
information is prohibited. The use of anonymous re-mailers
or nicknames does not constitute impersonation. Unsolicited commercial e-mail / Unsolicited
bulk e-mail (SPAM) Use of the TandyUK Servers service to
transmit any unsolicited commercial or unsolicited bulk e-mail is
expressly prohibited. Violations of this type will result in the
immediate termination of the offending TandyUK Servers
account. E-mail / News Bombing: Malicious intent to impede
another person's use of electronic mail services or news will result
in the immediate termination of the offending TandyUK Servers
account. E-mail / Message Forging: Forging any
message header, in part or whole, of any electronic transmission,
originating or passing through the TandyUK Servers service is in
violation of this AUP. Usenet SPAMing:
TandyUK Servers has a zero tolerance policy for the use of its
network for the posting of messages or commercial advertisements,
which violate the rules, regulations, FAQ or charter of any
newsgroups or mailing list. Commercial messages that are appropriate
under the rules of a newsgroup or mailing list or that are solicited
by the recipients are permitted. Unauthorized access: Use of the TandyUK
Servers service to access, or to attempt to access, the accounts of
others, or to penetrate, or attempt to penetrate, security measures
of TandyUK Server's or another entity's computer software or
hardware, electronic communications system, or telecommunications
system, whether or not the intrusion results in the corruption or
loss of data, is expressly prohibited and the offending TandyUK
Servers account is subject to immediate termination. Copyright or trademark infringement: Use
of the TandyUK Servers service to transmit any material (by e-mail,
uploading, posting, hot linking, directly linking or otherwise) that
infringes any copyright, trademark, patent, trade secret or other
proprietary rights of any third party, including, but not limited
to, the unauthorized copying of copyrighted material, the
digitization and distribution of photographs from magazines, books,
or other copyrighted sources, and the unauthorized transmittal of
copyrighted software. Collection of personal data: Use of the
TandyUK Servers service to collect, or attempt to collect, personal
information about third parties without their knowledge or consent. Network disruptions and unfriendly activity:
Use of the TandyUK Servers service for any activity which affects
the ability of other people or systems to use TandyUK Servers
Services or the Internet. This includes "denial of service"
(DOS) attacks against another network host or individual user.
Interference with or disruption of other network users, services or
equipment is prohibited. It is the Member's responsibility to ensure
that their network is configured in a secure manner. A Subscriber
may not, through action or inaction, allow others to use their
network for illegal or inappropriate actions. A Subscriber may not
permit their network, through action or inaction, to be configured
in such a way that gives a third party the capability to use their
network in an illegal or inappropriate manner. Unauthorized entry
and/or use of another company and/or individual's computer system
will result in immediate account termination. TandyUK Servers will
not tolerate any subscriber attempting to access the accounts of
others, or penetrate security measures of other systems, whether or
not the intrusion results in corruption or loss of data. Net Send Spam: The use of the net send
utility to send unsolicited bulk communication is prohibited. This
technique may result in account suspension or termination.
Violations of this policy carry severe penalties, including
termination of service. Fraud: Involves a knowing
misrepresentation or misleading statement, writing or activity made
with the intent that the person receiving it will act upon it. Infringement of Copyright, Patent,
Trademark, Trade Secret, or Intellectual Property Right:
Distribution and/or posting of copyrighted or the aforementioned
infringements will not be tolerated. Distribution of Viruses: Intentional
distributions of software that attempts to and/or causes damage,
harassment, or annoyance to persons, data, and/or computer systems
are prohibited. Such an offense will result in the immediate
termination of the offending account. Third Party Accountability: TandyUK
Servers subscribers will be held responsible and accountable for any
activity by third parties, using their account, that violates
guidelines created within the Acceptable Use Policy.
IRC networks: It is absolutely forbidden
to host an IRC server that is part of or connected to another IRC
network or server. Servers found to be connecting to or part of
these networks will be immediately removed from our network without
notice. The server will not be reconnected to the network until such
time that you agree to completely remove any and all traces of the
irc server, and agree to let us have
access to your server to confirm that the content has been
completely removed. Any server guilty of a second violation will
result in immediate account termination.
Domains Chargeback
Resolution: If the charge for a domain or set of domains is
charged back, TandyUK Servers has the right to take control of the
domain or set of domains that was paid for by the disputed charge.
TandyUK Servers will change the domain account information as needed
to take control of the domain or set of domains. The user is not
guaranteed to be contacted in the event that a chargeback
is received.
Peer to Peer Software (File Sharing): The
use of Peer to Peer or file sharing software to permit the sharing,
copying or distribution of unauthorized copyrighted material on
the TandyUK Servers service is prohibited. Use of
such software could result in suspension of service.
Security Your password provides access to your account.
It is your responsibility to keep your password secure.
Sharing your password and account access with
unauthorized users is prohibited. You should take care to prevent
others from using your account since you will be held responsible
for such use.
Attempting to obtain another user's account
password is strictly prohibited, and may result in termination of
service.
You must adopt adequate security measures to
prevent or minimize unauthorized use of your account.
You may not 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
you, logging into or making use of a server or account you are not
expressly authorized to access, or probing the security of other
networks. Use or distribution of tools designed for compromising
security is prohibited. Examples of these tools include, but are not
limited to, password guessing programs, cracking tools or network
probing tools.
You may not attempt to interfere with service
to any user, host or network ("denial of service attacks").
This includes, but is not limited to, "flooding" of
networks, deliberate attempts to overload a service, and attempts to
"crash" a host.
Users who violate systems or network security
may incur criminal or civil liability. TandyUK Servers 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.
Network Performance Some TandyUK Servers accounts operate on shared
resources. Excessive use or abuse of these shared network resources
by one customer may have a negative impact on all other customers.
Misuse of network resources in a manner which impairs network
performance is prohibited by this policy and may result in
termination of your account. The IP address used to commit the alleged
violation
The date and time of the alleged violation,
including the time zone or offset from GMT
Evidence of the alleged violation
E-mail with full header information provides all of
the above, as do system log files. Other situations will require
different methods of providing the above information. TandyUK Servers
may take any one or more of the following actions in response to
complaints: Issue written or verbal warnings
Suspend the Member's newsgroup posting
privileges
Suspend the Member's account
Terminate the Member's account
Bill the Member for administrative costs and/or
reactivation charges
Bring legal action to enjoin violations and/or
to collect damages, if any, caused by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY TandyUK Servers reserves the right to revise, amend,
or modify this AUP, our TOS (Terms of Service) and our other policies
and agreements at any time and in any manner. Notice of any revision,
amendment, or modification will be posted in accordance with our TOS
(Terms of Service). |