Acceptable Use Policy (AUP) and Terms of Service (TOS)

Updated: 23 May 2006

On this page:

Mark Robinson agrees to provide the client Web hosting for a monthly/annual fee. Mark Robinson will never require clients to advertise for Mark Robinson on their Web site in any way shape or form unless agreed upon such as a non-profit organisation receiving complimentary hosting. Clients are allowed to use the service for business/commercial or personal Web sites or content.

Content

All services provided by Mark Robinson 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 Mark Robinson from any claims resulting from the use of the service which damages the subscriber or any other party.

Adult Content

Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content 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. Mark Robinson will be the sole arbiter as to what constitutes a violation of this provision.

Examples of non-acceptable content or links:

  • Pirated software
  • Hacking programs or archives
  • Warez Sites
  • Porn
  • Spam and Spamming Software

Background-running Programs

I do not allow background-running programs. This includes any IRC related software such as bouncers and bots. I provide a hosting service not a shell service. You are not allowed to compile and run software on my hosting servers.

Scripting and Banned Scripts

You are free to use any scripts 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, and banner exchanges. In the event a script affects normal server and/or administrative operations, Mark Robinson 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 is not allowed on my servers.

You can use formmail scripts but they must be upto date and not running with the filename "formmail". Any files named "formmail" will be deleted without notice.

Distribution and/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 Mark Robinson'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 Mark Robinson's services 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 Mark Robinson's services. If you use a domain name in connection with Mark Robinson's services or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use Mark Robinson's services with an 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 authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation'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. Mark Robinson 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.

Defamation

Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service

Mark Robinson reserves the right at his sole discretion to refuse or cancel service. Violation of any of Mark Robinson's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer.

Spam Or Unsolicited E-Mail

You must not use Mark Robinson's services, equipment or any email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of Mark Robinson's services, equipment or any email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, Mark Robinson reserves the right to disable your domain without warning. In addition, Mark Robinson may impose a £100GBP penalty for each spam policy violation. Mark Robinson solely reserves the right to refuse or cancel service to known spammers. Lastly, Mark Robinson reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Abuse

Any attempts to undermine, slander, libel, threaten, or cause harm to Mark Robinson's servers, customers, employees, or Mark Robinson directly is strictly prohibited and is grounds for immediate termination without refund. In addition, I will pursue all attempts to the fullest extent of the law.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Mark Robinson (or his employees) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Mark Robinson, his agents, his 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 Mark Robinson against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Mark Robinson's 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 Mark Robinson to the amount paid for service.

Refunds Policy

You may cancel your account at any time before your monthly billing date, and you will not be billed for the next month.

If you are paying annually for Web site hosting services, we will issue a pro-rata refund for months not used.

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 then current registration term.

Setup fees (where applicable) are non-refundable under any circumstances.

I do not offer any kind of "money back" guarantee.

Late Payment

Payment must be made towards your account on its assigned due date. Mark Robinson will attempt to automatically rebill your chosen payment method each month.

If your account falls overdue or your chosen payment method is declined, your account may be suspended or terminated at the sole discretion of Mark Robinson. Mark Robinson may, at his sole discretion, charge a fee of £15.00GBP to reinstate a suspended account.

A service charge, equal to the charge incurred by Mark Robinson from his bank, will be charged to your account for each cheque or payment that is returned to Mark Robinson for insufficient funds.

When payment is declined from your chosen payment method we will send out an email notice and retry claiming payment the following day, this will generally occur 3 times over a 3-5 day period. After this period if we have not received due payment or had notification from you that the due payment is in hand, your account may be suspended or terminated at the sole discretion of Mark Robinson.

It is very important you keep your email address on file with me current. When you change email address please email sales@m-robinson.co.uk to keep me informed of your working contact address.

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.

Additional Labour Rates

Any additional work you may require from Mark Robinson which does not fall within the usual support boundaries is charged at a rate of £30GBP 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, Web site design and development.

Disclaimer

Mark Robinson will not be responsible for any damages your business may suffer. Mark Robinson makes no warranties of any kind, expressed or implied for services provided. Mark Robinson 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 Mark Robinson and his employees. Mark Robinson makes no "uptime" guarantees.

Mark Robinson keeps backups of key server systems only and these backups are not available for customer use. Mark Robinson can accept no responsibility for any loss of data or consequences arising from this. Mark Robinson always advises clients to back up their site data regularly for their own protection.

All communications (emails, verbal or written) are between Mark Robinson and the client. These communications are private and are therefore not to be shared with any other parties.

Finally, Mark Robinson wishes to emphasise that in accepting services, customers indemnify Mark Robinson for the violation of any law or policy, that results in loss to Mark Robinson or the bringing of any claim against Mark Robinson. This means that if Mark Robinson is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Mark Robinson, plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.

Mark Robinson reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.