Hosting TOC

Introduction

The following Terms of Service, Acceptable Use Policy and accompanying policies (collectively the “TOS”, “contract” or the “Agreement”) constitute a binding, legal agreement between Creationz (The “Company”, “us” or “we”) and the customer (the “Customer” or “you”) which shall govern the terms and conditions of services provided by the Company. The Company agrees to provide services to the Customer in accordance with the terms and conditions set forth in the Agreement.

Currently our servers are currently based in the

Delta – Chicago, IL, USA
Earth – Los Angeles, CA, USA
Backup – Stockholm, Sweden, EU

Jurisdiction.

This contract and agreement shall be governed and construed in accordance with the Laws of England, United Kingdom, and the parties submit to the non-exclusive jurisdiction of the Courts of the said Country.

Order Acceptance

We use an automated ordering service where all accounts are activated upon receiving the first payment. (apart from VPS).   All newly activated orders are initially supplied on a provisional basis. All new accounts will be reviewed for accuracy which will included the validation of any personal details that are submitted to us during registration. We may refuse and refund orders where we deem the order to be too high a risk, where we believe the documentation or details provided are not legitimate. We will not accept any orders placed using a free email address (hotmail, yahoo etc.), if you try and use a free email address your order will be classed as fraud by our security service Maxmind.

Contract basis

Your contract starts once your order has been accepted and an invoice issued. All services are provided on a minimum month to month basis. The minimum contract period is one (1) month. The contract and billing period start from the date that any service was ordered.  If you cancel hosting with us or your account is suspended you will not be able to host with us within the following next 12 months.  If you do decide too host with us again within the 12 months, then their will be a reactivation charge of £25.  if you have any outstanding invoices, these will need to be paid before you can host with us again.

If you leave us without informing us then we reserve the right to remove all files under account from the server without backups being available and any outstanding invoices will be passed over to a debt agency.

If we provide a discounted annual plan and you cancel before the 12 months then we may refund for an unused period, but the used period will be charged at the full undiscounted rate.

Suppose your plan is normally £10/mo or £8.00/mo if paid annually (first payment is £96.00). If you cancel after 3 months, the refund will then be based on the monthly rate. Thus the refund I would give is £96-£30 = £66.

If you have taken one of the reduced/special plans through an online auction (such as ebay) then this charge is based on you keeping the plan for a minimum 12 month contract period.  If you cancel before the 12 month period then you can be liable for the remainin 12 months at the normal rate.

Changing Nameservers

We cattu out regular checks on accounts held on our servers, these are random and does not mean we check every account during these checks (we pick a small selection). If during one of these checks we find that you have changed the nameservers on your main account domain away from our server but have not informed us of you leaving, we will contact you regarding your intentions and then if we dont here from you within 7 days then we will terminate your account and class the date you changed your nameservers as the account cancellation date so all service contracts end on that date.  We will use the Domain Last Updated Date from a whois check from http://whois.domaintools.com  and apply a £25 storage fee if any of your account files are still held on our server as we do not operate a storage facility on our servers for client who have left, even if they have prepaid.

Account Setup / Email on file

All accounts are activated upon receiving the first service payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information or using proxy details of any kind may result in the termination of your account without any refund.

Customers agree to supply genuine contact details which must include the name of the account holder, a current address with a postcode and a telephone number.

We reserves the right to seek confirmation of such details by using an email that will require a response or by contacting the account holder by telephone. Confirmation may be requested at any time. Failure to receive confirmation will result in the immediate termination of an account and the registered user being blacklisted.

General Content and Behavior

Any and all services that are provided by Creationz: hosting will only be used for lawful purposes. Some unlawful applications may include but under no condition are limited to: hosting copyrighted material or any material Creationz: hosting judges to be hostile or obtrusive. All of Creationz: hosting clients agree to indemnify and hold Creationz: hosting harmless from any claims ensuing from the use of our services.

Examples of completely unacceptable applications can consist of but are not limited to:

  • Hosting of MP3 files unless written proof of ownership is available
  • Internet Relay Chat (IRC) Bots
  • Adult oriented material
  • Warez (torrents, cracks, serial keys, etc) type websites
  • Proxy scripts
  • Any hateful material whether racial, religious or otherwise
  • Any sort of password sharing website
  • Hosting pirated software
  • Any unlawful content to any degree

Distribution of Mischievous Code or Programs

Distributions to any extent of software that attempts to and/or successfully causes damage, aggravation, or annoyance to any individual, data set or technical device are absolutely forbidden. Examples of such mischievous code or programs can consist of but are not limited to Trojan horses, computer viruses and internet based worms. Any evidence of such an offense having occurred or continues to do so will result in immediate termination of the account in addition to the termination any services still associated with said account. If applicable the proper authorities will be notified.

Legal Violation

Violating copyrighted, patented or trademarked works through reproduction and/or distribution under no circumstance will be tolerated. These violations also encompass the distribution of trade secrets and intellectual property rights. It is not acceptable to use any of the Creationz: hosting services to convey any form of the material that violates any copyright, trademark, patent, trade secret, intellectual property rights or other rights of any third party. These violations can consist of but are not limited to the illicit replication of copyrighted material, the digitization and/or distribution of photographs from print sources as well the illicit transfer of copyrighted programs.

File Hosting

File storage or file hosting of any sort is firmly forbidden across any of the Creationz: hosting services offered. Under no circumstance may our clients use their Creationz: hosting account as file storage and/or a download warehouse. Creationz: hosting services are offered firmly for website hosting and upkeep only. Do not be mistaken, this does not conclude that downloads are a direct violation of the Creationz: hosting (TOS), it does however mean that any of the Creationz: hosting services cannot and will not drive a website that focuses on downloads. Additionally you may not use your Creationz: hosting service as a storage warehouse for games, videos or music files. Attaching a specific value to the statement, any Creationz: hosting account may not surpass 10% of space or bandwidth in games, videos or music files. These values are adjustable (plus or minus) under the sole discretion of the Creationz: hosting technical support crew as they are dependent upon the specific nature of the files.

Adult Oriented Websites

Due to a variety of legal, moral and ethical insinuations, Creationz: hosting cannot and will not authorize sexually explicit material to be hosted or transmitted to any extent across any of the Creationz: hosting services.

Viruses/Trojans/Malware

If our system picks up any virus/trojan/malware etc. on any account we will suspend the account and inform the client of this action and the reason why.  We will then charge a £20 reactivation fee and give the client 24 hours to locate the problem and correct it. If The client cannot fix this and we end up having to remove the virus/trojan/malware and clean the server then we will charge a flat fee of £150. ( 4.5% handling fee will apply to all charges)

THE FOLLOWING ARE NOT ALLOWED:

Fraud websites

Phishing websites

Spamming

Gambling Websites

Nulled Scripts

IRC

Warez Hosting or storage (even if it is for private use, it is not allowed.)

Warez Linking

Child Porn (under 18)

Racist websites

Torrentflux, uTorrent, rTorrent, wTorrent, kTorrent, bittornado, or any form of P2P/torrents are not allowed on our VPS services.

Cloud software is also not permitted as this requires Cloud Hosting which we do not supply.

e107 – Due to serious security holes with the scripts this script is NO longer allowed on any of our servers.

Legal adult content:

We allow legal adult content as long as its legal

Game servers:

We no longer allow game servers.

Affiliate sites (amazon etc):

We will only allow 1 of these per account (so a reseller can have 1 aff. site on his whole account).  these will be closely monitored for CPU usage and if this becomes excessive the aff site will be terminated without notice or refund.

Pornographic content of any description is strictly prohibited on any of our servers, this also includes links to pornographic sites or content the is deemed pornographic. This does not include adult toy or clothing websites provided that there are no sexually explicit images which could be classed as pornographic.

Using our service as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.

Failure to respond to email from our abuse department within 48 hours will result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please open a support ticket and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice and reported to the Police.

Using a website for phishing or viral attack purposes is illegal and strictly prohibited. Any website found to breach this condition will be terminated and reported without delay. In any such event we reserve the right to disclose your personal details to any law enforcement agency in order to further investigate such matters.

Your services will be terminated with or without notice.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Reseller Security Policy.

1, We now ask all resellers if you offer free web hosting packages, to review these accounts before creation to prevent fraud orders and prevent these accounts been used for fraud, we also ask that free web hosting packages have email accounts and mysql set to “0” and to remove the privilege to access emails and mysql from the feature list of that package. Also free accounts must NOT have CGI enabled for security reasons. If you are to strip away the most common used in fraud attempt features eg, CGI, EMAIL, MYSQL etc and removing these from the feature list then there will be no problem in allowing automatic free web hosting setup.

 

2, We ask if possible to flick through suspicious accounts you have under your account and check for scripts that should not be there including nulled / pirated software. although nulled / pirated software is still the authors code, the people who crack this software can easily place code in there that can take down a server and some pirated software does do this. Pirated software is a breach of our terms of service and can result in serious penalties which can include been reported, so we ask all resellers to take care of both your own account and your clients.

 

We now have a piracy software scanner which detects such software and for any modifications then sends and email to abuse @ creationz.co.uk with details of reseller, account and location. You will be informed when piracy has been found.

 

Random Site Checks – We will carry our random checks of all sites held on our servers to make sure that sites are legal and above board.  They could be our clients sites or your clients clients sites, if a site is on our servers then we can be checking on it anytime.  If we find anything that contravenes our TOS and/or the UK law, then the site will be terminated with no backups or migration offered.  You as our client will then be liable for our expenses and administration charges in finding and removal of any accounts.  These currently are £50 per hour/part of hour (expenses) and £25 admin charge per account. (ie. 1 account removal takes 5 to 10 minutes depending how many sites are on the account and  would cost you £75)

Unlimited/Unmetered – Resellers please be aware that offering Unlimited/Unmetered Space is strictly prohibited.

Parked Sites – We realise that from time to time you may need to park a domain.  if you park a domain, the parked page must not contain more than 3 external advertising links, you can place as many links you want to sites hosted on the server.  if more than 3 advertising links are found on any parked page then we can suspend the account.

Limits:

– We ask for a fair usage of CPU on our server

– We reserve the right to cap your CPU at anytime if you cause major disruption to other customers on the same node as you. If your account still continues to cause major disruption to other customers on the same server  as you after capping your CPU, we reserve the right to suspend your accounts.

Refunds:

We have a 14 day money back guarantee, no questions asked!
We have the right to refuse any refunds to anyone, at anytime.  Please read our MBG
If you break of of theses TOS then you will not be entitled to any refund

Backup Policy:

Creationz: hosting does maintain it’s own backups of file, web, and database servers. These backups can be used by Creationz: hosting to restore a failed server or drive array. These backups are not for the customer’s usage. Customer restore requests may be made for a fee 25GBP per restore, unless you pay the 2 GBP per month backup fee. Customer is responsible for their own backups. Creationz: hosting holds absolutely no liability to any customer for any data stored on Creationz: hosting servers. If you plan to leave us, then you need to create and download a backup or request a copy of the last backup before the account is terminated, as once an account is terminated then the backup is automatically removed from the backup server.

Courtesy Transfer Service

Creationz: hosting performs all account transfers, account moves, cPanel transfers, server transfers and any other service which involves Creationz: hosting copying files of yours from a third party service to your Creationz: hosting service, hereafter known as a “transfer” as a courtesy service only. By requesting Creationz: hosting to perform a transfer you agree indemnify and hold harmless Creationz: hosting from any and all liability arising from the transfer and/or copying of your accounts. You also agree Creationz: hosting is not responsible for any issues relating to the transfer of your accounts, both on your Creationz: hosting service and at any other third party service from which Creationz: hosting may be transferring your accounts from, including but not limited to, missing or corrupted files, improperly transferred accounts, any and all fees you may incur from third party services such as bandwidth fees or charges from delays in transferring account, settings or files from third party providers which may not transferred, any downtime or outages, DNS problems, accounts set up on incorrect IP addresses, any issues at third party services which delay or prevent Creationz: hosting from performing the service, or any other issues. Creationz: hosting makes no guarantees regarding the availability of our transfer service or the amount of time it takes to perform transfers. Creationz: hosting can only perform transfers from any service which uses the same control panel that is used on your Creationz: hosting service (ie. cPanel). Creationz: hosting will still provide “best effort” assistance which includes general advice on file transfer and configurations, DNS settings, MySQL database imports, and other general assistance for Clients whose 3rd party service does not use the same server control panel. This service is from one server to a Creationz: hosting server only, If you have accounts on mulitple servers that you want transfered to a single Creationz: hosting server then we will charge £25 per hour to transfer accounts from a second server or any server after the first server.

So if you have accounts on  3 accounts (account A, account B, account C) and you want these transfered to a single account on our server then we will transfer account A free, but for accounts B and C we will charge £25 per hour

E-mail Policy and Spam

Having personal e-mail accounts alongside all of you and experiencing the issues spam can cause, we feel it is our responsibility here at Creationz: hosting to take a strong position against all unsolicited e-mailing, bulk emailing, and spam in general. Furthermore, applications such as safe lists, double opt ins and anything of the sort will be considered as spam. Any Creationz: hosting account that shows evidence of directly or indirectly aiding or sending spam of any kind will result in the clients account and services being immediately terminated with or without notice.

Depending on the severity of the spam, Creationz: hosting may issue a cleanup. In this case the Creationz: hosting account responsible for aiding in or issuing the spam will be charged a reasonable fee that is decided entirely by Creationz: hosting .

Mass e-mail, bulk e-mail and spam scripts of any kind are not tolerated on any of the Creationz: hosting servers. In an effort to enforce this policy Creationz: hosting servers are capped at 100 emails per hour per Creationz: hosting account, any more will simply be bounced back to the sender. If for any reason you require more than 100 e-mails per hour, simply open a support ticket stating the reason why the limit should be raised. The raise will be left entirely up to discretion of Creationz: hosting , however if the request is reasonable there is no reason to expect it would not be allowed.

In a further attempt to uphold the Creationz: hosting policy on e-mail and spam in general, Creationz: hosting completely reserves the right to delete, disable or change any website, database, Creationz: hosting account or any component under Creationz: hosting control that does not completely comply with this policy. In certain situations Creationz: hosting may need to issue these alterations in an urgent fashion, in this case Creationz: hosting reserves the full right to do so with or without notice.

Usenet (newsgroups, articles, messages, etc) Spam

Creationz: hosting as with any spam maintains a strong position against Usenet spam. This can consist of but is not limited to posting messages, articles or ads which violate any regulations, charters or rules of any newsgroup or mailing list. With this in mind, any messages that are suitable under these rules and regulations of a newsgroup or mailing list are of course permitted.

Payment of services.

We supply all services on a minimum month to month basis. All fees for Service provided by our company are due in advance of any service being supplied. An invoice for services due will be generated on your account and sent to your primary account e-mail address fourteen (14) days prior to your actual due date. Upon an invoice being generated, the customer must login to their clientarea and make full payment of all due amounts. It is the customer’s responsibility to ensure that full payment is received prior to/on the designated invoice due date.

All account holders agree to have an active PayPal subscription attached to their accounts. The payment subscription must remain active for the duration of our services being provided. Termination of the payment subscription without prior communication may result in account suspension. Account re-activation will only take place once a new arrangement has been agreed upon. A £10 admin fee may also be charged.  If a payment is reversed for any reason then we will apply a charge of £50 to your account.

Overage Charges

Rather than suspend accounts when they exceed their monthly bandwidth limit until the start of the following month we charge £0.002/MB in overage charges.

Promotional Plans

Unless otherwise specified in advertising materials, Promotional Plans are applicable only to new account purchases, and cannot be applied to existing accounts or upgrades.

Pro-Rate Billing

We invoice on a pro rate basic, this can be fully explained below

In order to make our billing system as easy to use as possible we now charge our clients on a pro rata basis.

Like many phone companies, we charge you for our services from the first day of the month to the end of the month.

You may notice on your initial invoice you are being charged twice.

If you join us part way through a month you will be charged the equivalent of the time until the end of the month and the following month in full.

Because we now use a pro rata system you can no longer just pay for a straight month or year, you have to pay to the end of the month then either a month or year.

If you are given a month free, this will work the same as above “If you join us part way through a month you will be charged the equivalent of the time until the end of the month and the following full month free”

If you have any more queries or questions regarding pro rata and the way we charge you,

feel free to submit a support ticket or contact us via live support.

Invoice Schedule

Clients acknowledge that account credit can not be moved between accounts.

Clients agree that until you notify us of your desire to cancel any or all services received, those services will be billed on a recurring basis and you will remain responsible for all subscription fees that your account incurs.

 

Our invoice Schedule is below

Invoices are due on the day an account is created.

For New Clients

If order left unpaid then
After 1 day a First Overdue reminder is sent.
After 2 days a Second Overdue reminder is sent.
After 3 days your order will be cancelled and your IP blocked and reported.

For existing clients

An invoice will be generated and sent 14 days before the due date
A reminder will be sent 1 day before the due date
Invoice then resent on due date and then if unpaid
After 1 day a First Overdue reminder is sent.
After 2 days a Second Overdue reminder is sent.
After 2 days your account will be suspended and a 20% or £2 late fee (whichever is greater) is added to the invoice.
After 3 days a Third and Final reminder is sent
After 14 Days you account will be terminated.
so basically from issue to termination you have had 28 days to pay the invoice or contact us

Cancellations must be submitted no later than 7 days prior to your next due date

If you want to continue to submit one time payments, fantastic, just please be sure to be timely. You will continue to get your notices, please just do not ignore them.

Additionally, if for what ever reason you plan to be late, just let us know ASAP and we will ensure your account stays active and fee free!

Please keep up to date with Creationz: hosting by following our twitter page and please contact us right away with any questions or concerns!

Auction Listings.

A majority of plans listed on auctions sites are at special rates.  We reserve the right to revoke these special plans at anytime and change your hosting to a regular hosting plan giving you at least 14 days notice of these changes.  You will be given the opportunity to contact us regarding the changes, but if no contact is made we will make the changes on your behalf and take this as acceptance of the changes.

Free Domains with Hosting

Some of our Plans offer a Free domain, these domains will be registered in a clients name through our own Resellerclub account, these domains will be locked, so that these cannot be moved while you are hosting with us.  If you cancel your hosting then you will be charged the full cost of the domain. If you refuse to pay or your account is terminated then the domain will be seized and placed in our own account and the registrant details changed to our own.

Free Hosting for 1 Year Offer (subject to availability).

For certain customers we offer free hosting for the first year. This is not a default offer. Creationz hosting reserve the right to offer this subject to availability. This is a 2yr contract offer only. Customers offered this discount will receive a bill for 1yr at the end of the first 12month period. Customers terminating their account within the first 30 days are entitled to a full refund. Customers terminating their account prior to the end of the 2nd year are required to pay for 1yr of hosting only.

Chargeable services.

We are quite happy to aid clients in anyway we can, but we are not a free service.  This means that we are willing to help sort problems that require work/access to accounts on our servers, but if you ask us to sort any configurations, request us to add modules/purchased addons etc. or any work outside our servers (ie. domain registrars) then these are chargeable times.  Our charges are £25 per hour/part of an hour with a min. charge of £25 (i.e. 10 minutes will be £25, 65 minutes will be £50. To install a 3rd party script or do work on a 3rd Party script will be chargeable from £5.95 depending on the script and work involved. If we get a support request that requires assistance due to an issue of misconfigured website settings we will charge a fee of £15. If we have to work on a MySQL database due to a clients misconfiguration or lack of backups then we will charge £40

Support Policy.

We will make all attempts to reply to the customers request within 1 hour of submission. We charge an hourly rate of £25 per hour in increments of 30 minutes for anything not covered within a management plan ( min. payment £25). Any services not hosted with us that the customer requests work on are subject to the hourly rate unless a separate management plan is ordered. If a unmanaged VPS customer opens a ticket with Managed Support to request intermediate to advanced technical support, a £10 fine will apply per ticket.

If any issue should come up with Customers service, the customer may not order a Management plan at the time of the incident.  The hourly rate will apply, which after resolution, the customer may then opt to order a Management plan.

We do not offer 3rd party script support (i.e. scripts installed via Softaculous)  most of the scripts have their own support network.

Overage

Normally when a hosting acount goes over their allocated resources the site will go down with a notice to tell visitors the site is down due to running over their usage.  This will not reset until the beginning of the following month.

Our servers wont do this as we make a small charge of 0.002 per MB over allocated resources.

These invoices may not be sent out at the same time as your normal invoices and will not be merged into your normal invoices.

If these invoices are not paid then you will get the same reminder invoices as you would get if your normal invoices are unpaid, the only difference an overage invoice will not see an account terminated.

Ownership of Data, Software, Hardware, and IP Addresses.

All software, hardware and Internet protocol (IP) addresses provided by our company are licensed to clients and remain our companies sole and exclusive property.

Server Abuse:

Any attempt to undermine or cause harm to a server or customer of our company is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be terminated without a refund. Abuse towards any of our staff will also be dealt with by immediate termination without refund

Refusal of Service:

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

If you attempt to DoS or DDoS our servers, you will be severely punished and will be terminated automatically with no refunds.

We have the right to refuse service to anyone at anytime.

Cancellations and Refunds

We reserves the right to cancel any account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time via the cancellation form (from your client area under “My Services”  look for server to be cancelled and then click on the page icon on the right and then scroll down the page and click Request Cancellation) You need to cancel before the next invoice is generated as any outstanding invoices must be paid beforehand or the request will be denied until invoices are paid. We will not issue a refund, unless it is within the 7-day money back guarantee period.  refunds can only be issued for direct hosting services. Domain services, VSP, Dedicated servers, SSL etc are non refundable under any circumstances.  Please note any cancellation request will not be accepted if their are any outstanding invoices on your account as these will all need to be paid before an account can be cancelled.

Members acknowledge that any paypal dispute opened AFTER services have been supplied will be classed as a deliberate act of theft. All such cases WILL be reported to the UK police and we WILL seek damages for any costs that we incur as a result of such actions.

Members acknowledge that we do not supply full or part refunds once an account has been activated. This applies to both monthly and yearly payment plans.

Violations of the Terms of Service will result in termination of your account and no refund will be issued.

Network Servers

By using our services members acknowledge that we do not accept any responsibility for any data loss that is caused by one of our network servers becoming unavailable.

We do not offer any kind of compensation in the unlikely event of website data being lost due to a network closure

Moneyback Guarantee

All Web Hosting plans include a 14 day money back guarantee. If you are dissatisfied with your service for any reason or the service provided is not what is advertised, you will receive a full refund if you cancel your account within 14 days of the activation of your account.

if you attempt to set up plans or services in violation to our Terms of Service then you do not qualify for the 14-day money back guarantee. For example, if you try and set up unlimited plans, you will not be given any refund as this is not a justified case of offering a dissatisfied service, this is a case of you accepting our TOS without reading them.

Our refund policy does not include Domain Registration, Domain Transfers, Dedicated Servers, VPS, Software, any addon services such as dedicated IP, SSH, SSL and setup fees. No refunds are available after 14 days. In order to cancel service, you must login to your client area and under products/service and the service you wish to cancel, complete the cancellation request.

Accounts cancelled/terminated by our company for violating our Terms of Use do not qualify for the 14-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.

Domain Refund Policy.
Because we are not able to delete and or un-transfer the domain name once it’s registered or transferred, we will not be able to issue any refund..

Limitation of Liability:

Our company shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going off-line or being unavailable for any reason whatsoever. Furthermore, we shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of our servers. All damages shall be limited to the immediate termination of service.

Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated allowance, rather than suspend accounts we charge 0.0020p per MB, this will be invoiced at the end of each month.

Uptime Guarantee

You pay us so that your site will be online. When it’s not online, you shouldn’t have to pay. It’s that simple.

We rarely have server issues that result in downtime, but on occasion, we will encounter a hardware or software issue that may cause a brief service interruption.

In all but the most urgent cases, we will send out an email notifying customers of maintenance that is to be performed. When notice is sent at least two hours prior to service interruption, the outage does not qualify for our uptime guarantee. Uptime percentages are derived from our internal monitoring systems.

This only applies to our shared/reseller plans (VPS and Dedicated Servers are EXCLUDED from this)

Reseller: Client Responsibility

Resellers are responsible for supporting their clients. We do not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security/privacy purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. We will hold any reseller responsible for any of their clients actions that violate the law or the terms of service. If a reseller’s client needs to contact us then we will charge a fee of £25 per issue, which will be required before we will answer the query, this can be issued to the reseller or the reseller’s client.  so if an issue is solved in 1 ticket or 20 tickets it will only cost £25.

Shared (non-reseller accounts)

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account.

Support Abuse

Abuse of any kind directed towards our staff or network staff will never be tolerated. If you are disrespectful, use foul language, threaten us, or do anything else we may find offensive, you will be considered in severe breach of this agreement. Violations of this policy carry heavy penalties including, but not limited to, warning, extended suspension or disconnection of all Services provided. No refunds will be offered in the event that any account is cancellation due to abuse received.

Fair Usage Policy

Our acceptable use policy is actively and strictly enforced. Offending content or users are removed from our network, usually as soon as they are discovered, if such offences cause server problems we reserve the right to remove the account without notice.

Software downloads may only be hosted if it is smaller than 100MB in total per domain. You must also be the copyright owner of the software; all other software including freeware, shareware and trial software are forbidden

Misuse Of Resources – Including but not limited to applications which consume excessive CPU time, memory or storage space. Chat/IRC, web proxy and mailing list scripts are strictly prohibited on our network.

It is deemed as unfair usage if a user/account/domain exceeds 10% of the server space/bandwidth/CPU usage. All content and bandwidth used (including unmetered accounts) must be for web content only. Misuses of CPU resources are classed as the server load exceeding 2.0 at any given time for any one domain name account.

Resellers are trusted not to oversell their space to an extent that it effects our server. Resellers abusing this will be terminated if an agreement can not be made

Bandwidth restrictions will be put into place if we deem the usage to be excessive and effecting other server users.

Accounts which exceed 750mb in total, whether the accounts is part of a restricted or unmetered package must be agreed by us prior to the content being uploaded. Failure to do this could result in the account being removed without prior notice for breach of contract.

If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use.

Unlimited Domains:

Some accounts come with unlimited domains as a feature, but when accounts are set up their will be a set limit (usually 20), but once this is reached or if you require more then just open a ticket and let us know how many more you require, then when your limit is reached again then just repeat the process. Domains must run individual contented sites  A violation of this will be if you add domains that just duplicate content (ie.set a domain to offer action DVDs, then set another domain to offer horror DVDs and then another to offer Comedy DVD’s)  this is basically 3 domains offering the same products DVD’s as all servers have limited resources.

Resource Usage

User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes
i)  Run excessive domain redirects
j)  Run parked sites for longer than 7 days

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)

Violations:

Violations of these Terms of Service should be referred to admin@creationz.co.uk . All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold our company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against our company, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless our company against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our company; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from our servers.

Under no circumstances shall we be held liable for damages resulting from any interruption of service for an amount greater than the amount of the charges payable by the Customer for services during the period damages occurred. Customer also acknowledges that in no case will we be liable for damages as a result of its own negligence in excess of the charges payable by the Customer for services during the period damages occurred. Customer acknowledges that they make use of our services and facilities at their own risk.

Disclaimer

We cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by our company are resold. Thus, certain equipment, routing, software and programming used by us are not directly owned or written by us. Moreover, our company holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as we see fit.

Disclosure to law enforcement

We may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with ALL law enforcement agencies.

Account Activation:

By activating your account with us, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

Any abuse, threats, and bad words to any of our staff members will be an automatic suspension or termination of your service without any refunds.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given.

We guarantees 99.9 % uptime on all of our services.

You are solely responsible for the content stored our servers.

We reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Administrators Policy

As part of our commitment to your security, our policy one administrator policy advises that only one person should have cPanel administrator privileges at any give time. It is perfectly fine for these responsibilities to be handed over to other company members, but these should be handed over, NOT shared. This ensures that cPanel’s robust automated IP blocking facility can accurately detect suspicious server behaviour. Other members may be granted FTP access should files need to be uploaded to the server by designers etc. Creationz are happy to install databases with no extra charge if the administrator does not feel confident in doing this. Email passwords and other email related settings can be changed via webmail. The administrator will be responsible for creating and removing the email accounts themselves.

Changes to the TOS

We reserves the right to revise its policies at any time without notice.

Our address

Lindsey Street, Epping Essex, United Kingdom

The Company reserves the right to modify this agreement at any time without prior notification. Any questions regarding these terms and policies should be directed to our sales department prior to purchasing services.

We has created these TOS in order to demonstrate our companies commitment to privacy. The above discloses the information gathering and dissemination practices for this Web site. If you have any questions, please email: admin [at] creationz.co.uk

DESIGN

For design related terms and conditions please CLICK HERE.

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