All provisions of this contract are subject to the TOS (Terms of Service), AUP (Acceptable Use Policy) and the Fair Usage policy of nfernoHosting. The AUP, TOS and Fair Usage policy ("the policies") may be changed from time to time at the discretion of the Company. Subscriber understands that change to the policies 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 of Great Britain, Scotland, Wales and Northern Ireland.

1. Disclosure to Law Enforcement: The AUP 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 nfernoHosting shall have the right to terminate all service set forth in this Agreement.
2. 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 promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
3. 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 billing cycle for the forthcoming period.
4. Payments and Fees: Payments are made in advance for services and hence if we do not receive payment on the appropriate renewal date, then the account will be deemed as 'Overdue' and will be automatically suspended. If payment is made by the client within 3 working days, then the account will be reactivated - but it is the clients responsibility to notify nfernoHosting that payment has been made. Accounts that are suspended for longer than 3 days will then enter a "Pending Deletion" state for a further 27 days and will be subject to a £15 reactivation fee. After a total of 30 days after initial suspension, the hosting account all associated data will be deleted. Accounts that are not collectable by nfernoHosting may be turned over for collection to an outside agency whose fees will be in addition to any already occurred by the customer. 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. Account maintenance will be charged at £5 for the entire amount of account changes for that given day, customers are advised to email sales with any pricing queries.
5. Refund and Disputes: All payments to nfernoHosting are non refundable: this includes any setup fees or any subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred.
6. 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.
7. New Domain Accounts : All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days.
8. Free domain names: If a package offers free domain name registration(s), there is a minimum hosting term of one year. If Client choose to move the domain name to a third party within the first year and have only paid for part of the year (for example, if they are on a monthly payment plan), then there will be ?30 administration fee to cover associated domain registration costs.
9. Free Hosting Accounts: Customers signing up to any packages offering "free web hosting" ('Free' meaning that there is no setup, monthly, quarterly or annual fee associated with the web hosting package) and are managing their domain name via a third party must update their domain name to use the name servers we allocate to them within 30 calendar days of being accepted as a free hosting customer. Failure to update their domain name within 30 calendar days will result in the deletion of their web hosting account. We reserve the right to decline any free hosting requests for any reason and we reserve the right not to disclose the reason for the decline of the account. Free Hosting Accounts also must provide a link from their website using the text <a href="http://www.nfernohosting.com/">nfernoHosting - Blazing Fast Hosting at Hot Prices</a> within 30 days otherwise the hosting account will be deleted.
10. Support Boundaries: We limit our technical support to our area of expertise. The following is our guidelines when providing support: nfernoHosting provides support related to your server or virtual site physical functioning. nfernoHosting does not offer tech support for application specific issues such as CGI programming, html or any other such issue.
11. SPAM and Unsolicited Commercial Email (UCE): nfernoHosting 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 nfernoHosting may not use or permit others to use our network to transact in UCE. Customers of nfernoHosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks.
    Promotion of UCE related software, lists or other related resources in any manner is not permitted.
    In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
12. Network:
    1. IP Address Ownership: If nfernoHosting assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to nfernoHosting, and Customer shall have no right to use that Internet Protocol address except as permitted by nfernoHosting in its sole discretion in connection with the Services, during the term of this Agreement. nfernoHosting shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by nfernoHosting, and nfernoHosting reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
    2. 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"). nfernoHosting will monitor Customer's bandwidth and disk usage. nfernoHosting 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 nfernoHosting's sole and absolute discretion. If nfernoHosting 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.
    3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the nfernoHosting Network. Violations of system or network security may result in civil or criminal liability. nfernoHosting 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:
       1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
       2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
       3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
       4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
       5. Taking any action in order to obtain services to which such User is not entitled.
13. Notification of Violation: nfernoHosting is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
14. Suspension of Service or Cancellation: nfernoHosting reserves the right to suspend network access to any customer if in the judgment of the nfernoHosting network administrators the customer's account is the source or target of the violation of any of the other terms of the AUP or for any other reason which nfernoHosting 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 accounts were suspended.
15. nfernoHosting reserves the right to amend its policies at any time. All customers and resellers of nfernoHosting must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
16. Indemnification: nfernoHosting wishes to emphasize that in agreeing to the nfernoHosting Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies nfernoHosting for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to nfernoHosting or the bringing of any claim against nfernoHosting by any third-party. This means that if nfernoHosting is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against nfernoHosting, plus all costs and legal fees.
17. Miscellaneous Provisions : You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
    1. 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.
    2. 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.
    3. nfernoHosting takes no responsibility for any material input by others and not posted to the nfernoHosting Network by nfernoHosting. nfernoHosting is not responsible for the content of any other web sites linked to the nfernoHosting Network; links are provided as Internet navigation tools only. nfernoHosting 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.
    4. nfernoHosting is not responsible for any damages your business may suffer. nfernoHosting does not make implied or written warranties for any of our services. nfernoHosting 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 nfernoHosting.
    5. Content : It is absolutely forbidden to host pornographic content (including links to pornographic sites in any form), illegal content (or sites encouraging illegal activities of any kind), hate or racist content, "Bit Torrent" trackers/servers/torrents and source sites, third-party copyrighted material, "warez" (including pirated software, ROMS, emulators, "phreaking", hacking, password cracking material - and links to the same), sites not in the English language, or IRC servers on our network. It is also forbidden to use our service as a "remote/off site back up" or a "filestore" solution. Accounts found hosting this material will be subject to immediate cancellation without refund. nfernoHosting reserves the right to terminate accounts hosting material, which in its sole opinion, may be classed as "undesirable content" or which may pose a risk (of any sort) to either nfernoHosting as a company, our network or servers or to a third party.
18. Responsibility for Content : You, as nfernoHosting's customer, are solely responsible for the content stored on and served by your account and, in the case of reseller accounts, the content of your resold accounts. It is your sole responsibility to ensure that you have up to date backups of any and all data relating to your account - nfernoHosting can not take responsible for any loss or damage of any data.

Acceptable Usage Policy

nfernoHosting's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what nfernoHosting expects of them while using the service. All users of nfernoHosting's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service) .

Use of nfernoHosting's Service constitutes acceptance and agreement to nfernoHosting's AUP as well as nfernoHosting's TOS (Terms of Service) . All payments to nfernoHosting are Non-refundable.

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, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. nfernoHosting 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 nfernoHosting account or other actions WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understand of nfernoHosting's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of nfernoHosting's AUP:

• Ensure reliable service to our customers
• Ensure security and privacy of our systems and network, as well as the networks and systems of others
• Comply with existing laws
• Maintain our reputation as a responsible service provider
• Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
• Preserve the value of Internet resources as a conduit for free expression and exchange of information
• Preserve the privacy and security of individual users

nfernoHosting intends to provide its customers access to everything the Internet has to offer. While the nfernoHosting is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the nfernoHosting and the Internet and cannot be permitted under the guise of free speech. The resources of the nfernoHosting and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization, the preparation of billing records and during technical support requests. 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 your account to publish material, which nfernoHosting 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 an nfernoHosting account is used to violate the Acceptable Use Policy or our TOS, 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 Acceptable Use Policy 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.

Violations of Acceptable Usage Policy

The following constitute violations of this AUP:

1. Illegal use: nfernoHosting's services may not be used for illegal purposes, or in support of illegal activities. nfernoHosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
2. Harm to minors: Use of the nfernoHosting service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
3. Threats: Use of the nfernoHosting service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
4. Harassment: Use of the nfernoHosting service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
5. Fraudulent activity: Use of nfernoHosting service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
6. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) : Use of the nfernoHosting service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending nfernoHosting account
8. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending nfernoHosting account.
9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the nfernoHosting service is in violation of this AUP.
10. Usenet SPAMing: nfernoHosting has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
11. Unauthorized access: Use of the nfernoHosting service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of nfernoHosting'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 nfernoHosting account is subject to immediate termination.
12. Copyright or trademark infringement: Use of the nfernoHosting service to transmit any material (by e-mail, 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 digitisation and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
13. Collection of personal data: Use of the nfernoHosting service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
14. Network disruptions and unfriendly activity: Use of the nfernoHosting service for any activity which affects the ability of other people or systems to use nfernoHosting 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. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their account, through action or inaction, to be configured in such a way that gives a third party the capability to use their account in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. nfernoHosting will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
15. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
16. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
17. 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.
18. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using nfernoHosting services could result in suspension service.
19. Third Party Accountability: nfernoHosting 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.
20. It is absolutely forbidden to host pornographic content or IRC servers on our servers. Accounts found hosting this material will be subject to immediate cancellation without refund
21. IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.
22. Any website is found bursting over 10Mbps for 20 minutes or longer and/or consistently causing network performance problems will be disconnected from the network to prevent such activities from obstructing network access for other users. Furthermore, customer will be responsible for all fees related to excessive bandwidth usage.
23. Any psyBNC user that breaks the IRC Network rules for their particular network that results in a shared IRC Hostmask being banned (K-Lined/G-Lined) will have thier account terminated.
24. Any psyBNC user that gets banned from a channel must clear that ban within 24 hours, other users of the nfernoHosting psyBNC service may use that channel and find themselves banned. If you can't clear the ban, please contact nfernoHosting support with the network you were using and nick name of the person that banned you.

Security

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.
• You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
• Users who violate systems or network security may incur criminal or civil liability. nfernoHosting 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.

Fair Usage Policy

nfernoHosting accounts operate on shared resources. Excessive use or abuse of these shared network and hosting resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network or server performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of nfernoHosting systems or networks. nfernoHosting reserves the right to terminate or limit such activities.

"Unlimited Bandwidth/Data transfer" accounts : Accounts specifying "unlimited data transfer" allow you to transfer an unlimited amount of data to and from your website as long as this does not impact server or network resources: unless you are transferring over 1GB of data per day (an average of over 30Gb per month), this is unlikely to happen - but this "maximum recommendation" may vary depending on network and server conditions and at nfernoHosting discretion.

Domain Names

By requesting the registration of a domain name, you also enter into a contract of registration with the relevant Domain Name registry company and their terms and conditions are a separate contract to those provided by ourselves. Please ensure you read and agree with their terms and conditions before ordering a domain name:

• Domain names ending .uk : Nominet UK's terms and conditions

Occasionally, domain names may be registered via other third party registrars whose terms and conditions may slightly differ from those shown above. If you have any concerns with this, please contact our sales department before agreeing to the registration of a domain name.

REVISIONS TO THIS ACCEPTABLE USE POLICY, TERMS OF SERVICE AND FAIR USAGE POLICY

nfernoHosting reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service), our fair usage policy and our other policies and agreements at any time and in any manner. There will be no notice of any revision, amendment, or modification of our TOS (Terms of Service).