Sites4YourEyes Acceptable Use Policy

This acceptable use policy sets out the terms between you and Sites4YourEyes ("we", "us" and "our") under which you may use the Hosting Services we provide ("Hosting Services"), and this web site ("our site"). Your use of the Hosting Services and/or our site means that you accept, and agree to abide by, all the conditions in this acceptable use policy, which supplement our Terms & Conditions of Supply. If you do not agree to these conditions, you must not use our Hosting Services or any of the facilities or services provided by this web site.

Hosting, Domain & Consultancy Services:

1. Resource usage

The Hosting Services comprise the provision of web space on our servers to enable you to upload pages and files for the purpose of publishing websites.

The scheduled Hosting Services made available on this site define server space provided for normal routine "non-file-distribution" web usage. For websites that allow downloading of video, audio or other files we reserve the right to impose a bandwidth limit of twenty-five (25) gigabytes (26,843,545,600 bytes) per calendar month. Non-file-distribution usage will remain unaffected by any limit imposed on downloading of video, audio or other files.

2. Prohibited uses

2.1 You may use the Hosting Services only for lawful purposes. You may not use the Hosting Services in any way that:

2.1.1 breaches any applicable local, national or international law or regulation;

2.1.2 is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

2.1.3 is for the purpose of harming or attempting to harm anyone, including minors, in any way;

2.1.4 is to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see section 5);

2.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (also known as SPAM); or

2.1.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

2.2 In your use of the Hosting Services (other than where you are using your own dedicated server), you may not:

2.2.1 use more than 5% of our server's processing capacity. There are numerous activities that could cause such problems, including (but not limited to) CGI scripts and intensive FTP, PHP or HTTP operations;

2.2.2 run stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCd;

2.2.3 run any type of web spider or indexer; including (but not limited to) GoogleCash and AdSpy;

2.2.4 run any software that interfaces with an Internet Relay Chat network;

2.2.5 run any bit torrent application, tracker, or client. You may link to legal torrent files off-site, but may not host or store them on our servers;

2.2.6 participate in any file-sharing/peer-to-peer activities;

2.2.7 run any gaming servers; or

2.2.8 run cron entries or other scheduled tasks other than by configuring them through your site's control panel.

2.2.9 give away web space under a domain

2.2.10 operate a proxy website or service.

2.2.11 As a remote file host for other websites.

2.3 You must not use the Hosting Services as an offsite backup facility. Therefore, all files uploaded to our servers as part of your usage of the Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to operate the website of which they form part; We reserve the right to delete files or directories that are not web-visible without giving notice to you.

2.4 All pages of website stored on our servers as part of the Hosting Services will be available to search engines unless you take action to prevent this. If you wish to optimise your web pages for search engines you agree to use coding and techniques which comply fully with the guidelines issued by Google, MSN, Yahoo and other large search engines.

3. Reselling

3.1 You agree:

3.1.1 not to re-sell or offer for the use of third parties access to, or use of, any part of our Hosting Services

3.1.2 not to access without authority, interfere with, damage or disrupt:

3.1.2.1 any part of the Hosting Services;

3.1.2.2 any equipment or network used to provide the Hosting Services;

3.1.2.3 any software used in the provision of the Hosting Services; or

3.1.2.4 any equipment or network or software owned or used by any third party.

4. Interactive services

4.1 Where you use, or allow the use of, the Hosting Services to host a website which provides interactive services ("interactive services") (for example, chat rooms or bulletin boards), you must ensure the use of best practice to operate those interactive services.

4.2 Notwithstanding the use of best practice in operating interactive services, you must assess any possible risks for users (and in particular, for minors) from third parties when they use any interactive service you allowed to be hosted using the Hosting Services and use appropriate moderation in the light of those risks. However, we are under no obligation to oversee or monitor your use of the Hosting Services in relation to any interactive services you provide or allow to be provided.

5. Content standards

5.1 These content standards apply to any and all material that you allow to be hosted through the Hosting Services ("Material"), and to any interactive services associated with it.

5.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Material as well as to its whole.

5.3 Material must:

5.3.1 be accurate (where they state facts);

5.3.2 be genuinely held (where they state opinions); and

5.3.3 comply with applicable law in the UK and in any country from which they are posted.

5.4 Material must not:

5.4.1 contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory or pornographic;

5.4.2 promote violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

5.4.3 infringe any copyright, database right or trade mark of any other person;

5.4.4 be likely to deceive any person;

5.4.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

5.4.9 promote any illegal activity;

5.4.10 be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;

5.4.11 be likely to harass, upset, embarrass, alarm or annoy any other person;

5.4.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

5.4.13 give the impression that they emanate from us, if this is not the case; or

5.4.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

6. Payment

Payment for all Hosting and Domain Registration / Transfer services is in full and in advance, and is non-refundable.

Payment for Consultancy services (i.e. any service which is not included in Hosting and Domain Registration / Transfer - e.g. web site design) will be subject to payment of a non-refundable deposit in advance. The value and due date of the balance of the contract will be by mutual agreement.

We currently accept payment by PayPal. It is necessary to have a PayPal account when making payment via our web site.

Failure to meet the deadline for the payment of the balance of a contract may result in the termination of the supplied service.

Website Use:

7. Accessing our site

7.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

7.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

7.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

8. Intellectual property rights

8.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

8.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

8.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

8.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

8.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

8.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

8. Reliance on information posted

8.1 Materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

10. Our site changes regularly

10.1 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

11. Our liability

11.1 Except as otherwise provided by a contract created between you and us incorporating our Terms & Conditions of Supply, the material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

11.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

11.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

11.1.2.1 loss of income or revenue, business, profits or contracts, anticipated savings, data or goodwill;

11.1.2.7 wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

11.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

12. Information about you and your visits to our site

12.1 We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

13. Transactions concluded through our site

13.1 Contracts for the supply of our services (such as our Hosting Services or Domain Name Registration Services) formed through our site or as a result of visits made by you are governed by our Terms & Conditions of Supply.

14. Viruses, hacking and other offences

14.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

14.2 You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site or used to provide our services. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.

14.3 Breaching these provisions constitutes a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

14.4 We will not be liable for any loss or damage caused by any denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site, or to your downloading of any material posted on it, or on any website linked to it.

15. Linking to our site

15.1 We welcome links to our site, provided you link in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

15.2 You must not establish a link from any website that is not owned by you.

15.3 Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in this policy.

15.4 If you wish to make any use of material on our site other than as set out above, please contact us, stating in precise detail which material you wish to use, and in what context.

16. Links from our site

16.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

17. Suspension and termination

17.1 We will determine, at our discretion, whether there has been a breach of this acceptable use policy through your use of the Hosting Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.

17.2 Failure to comply with this acceptable use policy constitutes a material breach of our Terms & Conditions of Supply upon which you are permitted to use the Hosting Services, and may result in our taking all or any of the following actions:

17.2.1 - immediate, temporary or permanent withdrawal of your right to use the Hosting Services;

17.2.2 - immediate, temporary or permanent removal of any Material (as defined in paragraph 5.1) uploaded to our servers;

17.2.3 - issue of a warning to you;

17.2.4 - issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

17.2.5 - further legal action against you; or

17.2.6 - disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

17.3 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.