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

Webtoil Limited issues this document.
The company shall be known throughout this document as Webtoil.


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


Content:
All services provided by Webtoil 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 Webtoil 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. Webtoil will be the sole arbiter as to what constitutes a violation of this provision.


Examples of non-acceptable content or links:
- Pirated software or music
- Hacking programs or archives
- Warez Sites
- Pornography
- Spamming Software


Background-running Programs:
We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.


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, Webtoil 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 our 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 Webtoil'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 the Webtoil Service 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 Webtoil Network. If you use a domain name in connection with the Webtoil Service 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 the Webtoil Network in 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 authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization'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. Webtoil 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:
Webtoil reserves the right at its sole discretion to refuse or cancel service. Violation of any of Webtoil'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 their hosting period. Domains terminated due to policy violations will not be released to the customer.


Spam Or Unsolicited E-Mail:
You must not use the Webtoil Network, Webtoil equipment or any Webtoil 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 the Webtoil Network, Webtoil equipment or any Webtoil 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, Webtoil reserves the right to disable your domain without warning. In addition, Webtoil may impose a 100 penalty for each spam policy violation. Webtoil solely reserves the right to refuse or cancel service to known spammers. Lastly, Webtoil 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 a Webtoil server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.


Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Webtoil (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Webtoil, its agents, its 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 Webtoil against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Webtoil 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 Webtoil 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.

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


Disclaimer:
Webtoil will not be responsible for any damages your business may suffer. Webtoil makes no warranties of any kind, expressed or implied for services we provide. Webtoil 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 Webtoil and its employees. Webtoil makes no "uptime" guarantees.

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

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


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


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