Terms & Conditions - Website Hosting Service
ACCEPTABLE USE POLICY
Hallisoft's Acceptable Use Policy ("AUP") is provided to give users of our Website Hosting Service a clear understanding of what Hallisoft expects of them while using the service. All users of
Hallisoft's Website Hosting Service must comply with this AUP and Hallisoft's Terms of Service ("TOS").
Use of Hallisoft Service constitutes acceptance and agreement to Hallisoft's AUP and Terms of Service.
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the
content of any web site, email transmission, or other material created or accessible over or through the services. However, in accordance with our AUP, we may remove any materials that, in our sole discretion,
may be illegal, may subject us to liability, or which may violate this AUP. Hallisoft may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil
wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Hallisoft account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the
Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
You may not use the space on Hallisoft's server that has been allocated to your web site to publish material, which Hallisoft determines, at its sole discretion, to be unlawful, indecent or objectionable.
For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs,
video recordings, and audio recordings.
If you violate the our AUP, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant
violations of the AUP will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us.
- Unsolicited commercial email / Unsolicited bulk email (SPAM): Use of the Hallisoft service to transmit any unsolicited commercial or unsolicited bulk email is expressly prohibited. Violations of this type
will result in the immediate termination of the offending Hallisoft account. This does not stop you transmitting email messages to members of a mailing list who have expressly consented to receive such email from
the web site hosted on Hallisoft server.
- Email / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Hallisoft service is in violation of this AUP.
- Unauthorized access: Use of the Hallisoft service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Hallisoft'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
Hallisoft account is subject to immediate termination.
- Copyright or trademark infringement: Use of the Hallisoft service to transmit any material (by email, uploading, posting 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 Hallisoft 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 Hallisoft service for any activity which affects the ability of other people or systems to use Hallisoft 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.
- 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: Hallisoft 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.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain
unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
- 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.
- Users who violate systems or network security may incur criminal or civil liability. Hallisoft 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.
Reporting Violations of Hallisoft AUP
Hallisoft requests that anyone who believes that there is a violation of this AUP should contact us immediately.
Revisions to This Acceptable Use Policy and Terms of Service
Hallisoft reserves the right to revise, amend, or modify this AUP and/or 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 AUP and Terms of Service.
TERMS OF SERVICE ("TOS")
Only WEEKLY backup of your data is included in hosting plans.
*All Payments To Hallisoft for Website Hosting Services Are Non-Refundable*
Hallisoft ("The Company") agrees to furnish services to the Subscriber, subject to the following Terms of Service ("TOS").
Use of Hallisoft Service constitutes acceptance and agreement to Hallisoft's AUP as well as Hallisoft's TOS (Terms of Service).
All provisions of this contract are subject to the AUP (Acceptable Use Policy) of Hallisoft and TOS (Terms of Service). The TOS may be changed from time to time at the discretion of the Company. Subscriber
understands that change to the TOS by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the United Kingdom.
- Disclosure to Law Enforcement: The TOS 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 Hallisoft
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 offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its
- 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 year for that year's service. All
accounts and services provided by Hallisoft include Value Added Tax where approriate.
- Payments and Fees: If you dispute a charge to your credit card issuer that, in Hallisoft's sole discretion is a valid charge under the provisions of the AUP and /or TOS, you agree to pay Hallisoft an
"Administrative Fee" of not less than US $50 and not more than US $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.
- 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 website hosting accounts involving new domains will be set up and entered into our DNS servers within 2 to 3 business days. Due to unforeseen complications, however, this process
may sometimes require up to 5 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Hallisoft on behalf of the account holder a
handling fee of US US $25 PLUS the cost of the domain will be incurred.
- Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to Hallisoft 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 Hallisoft on behalf of the account holder a handling fee of US US $30 PLUS any fee levied by the other service provider will be incurred. If the customer cancels service
during the transfer period for any reason, all charges are considered earned.
- Support Boundaries: Hallisoft provides support related to your virtual site physical functioning. Hallisoft does not offer tech support for application specific issues such as cgi programming, html or
any other such issue.
- SPAM and Unsolicited Commercial Email (UCE): Hallisoft 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
Hallisoft may not use or permit others to use our servers to transact in UCE. Customers of Hallisoft may not publish information that is advertised by UCE from other networks. Violations of this policy may
result in the charge of "Administration" and other fees that are incurred by Hallisoft or imposed by its providers plus termination of the Subscriber account.
- 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").
Hallisoft will monitor Customer's bandwidth and disk usage. Hallisoft 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 Hallisoft's sole and absolute
discretion. If Hallisoft 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 Hallisoft Network. Violations of system or network security may result in civil or criminal
liability. Hallisoft 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 email or newsgroup posting.
- Taking any action in order to obtain services to which such User is not entitled.
Hallisoft is under no duty to look at each customer's or user's activities to determine if a violation of the AUP or TOS has occurred, nor do we assume any responsibility through our AUP or TOS to monitor
or police Internet-related activities.
- First violation: Any User, which Hallisoft determines to have violated any element of this Terms of Service, shall receive an email, warning them of the violation. The service may be subject at Hallisoft's
discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
- Second Violation: Users that Hallisoft determines to have committed a second violation of any element of this Terms of Service shall be subject to immediate suspension or termination of service without
- Suspension of Service or Cancellation: Hallisoft reserves the right to suspend network access to any customer if in the judgment of the Hallisoft network administrators the customer's server is the
source or target of the violation of any of the other terms of the AUPTS or for any other reason which Hallisoft 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.
Hallisoft reserves the right to amend its policies at any time.
Indemnification: Hallisoft wishes to emphasize that in agreeing to the Hallisoft Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies Hallisoft for any violation of the
Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to Hallisoft or the bringing of any claim against Hallisoft by any third-party. This means that if Hallisoft is sued because
of a customer's activity, the customer will pay any damages awarded against Hallisoft, plus all costs and attorney's fees.
Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. email, fax, 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.
Hallisoft takes no responsibility for any material input by others and not posted to the Hallisoft servers by Hallisoft. Hallisoft is not responsible for the content of any other websites linked
to the Hallisoft servers links are provided as Internet navigation tools only. Hallisoft 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.
Hallisoft is not responsible for any damages your business may suffer. Hallisoft does not make implied or written warranties for any of our services. Hallisoft 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 Hallisoft.
Responsability for Content: You, as Hallisoft's customer, are solely responsible for the content stored on and served by your Hallisoft account.