(Last modified on 04/11/08) - See: Forbidden Content & Limitations.

By using HostnSurf’s Web Hosting services, you signify your agreement to these terms of service. If you do not agree to these terms of service, please do not use HostnSurf’s Web Hosting services. HostnSurf reserves the right, at its discretion, to add, change, modify, or remove portions of these terms at any time. Please check these terms regularly for changes.

Registering
A product or service must be purchased from HostnSurf to allow a user to access the client area. Any product(s) and/or service(s) that a user registers with must be paid for within two (2) working days or any orders will be terminated along with the users inactive account.

Services
Subject to the terms of this Agreement, and contingent on clients satisfaction of HostnSurf’s credit approval requirements, HostnSurf agrees to provide the web hosting services described in the Order for the fees stated in the Order.

HostnSurf can not give any guarantee on a setup time of which clients order(s) will be activated. While most orders will be activated within 1-12 hours, HostnSurf can not guarantee setup within this time as all orders are processed and activated manually.

Client will be held responsible for all actions performed by their account whether it be done by them or by others. If server security is compromised, the account holder is responsible for all violations of the terms of service. Client is also responsible for disconnect and reconnect fees associated with violations.

Publicity
Client agrees that HostnSurf may publicly disclose that we are providing services to them and may include clients name and website in promotional materials. HostnSurf reserves the right to use clients comments/testimonials for promotional use. If this is undesired, the client may request to opt out of promotional use by contacting Customer Service.

Support
All support to clients is free of charge and can be received via Email, Support Ticket or Live Support. No support is given to clients customers or end users unless an End-User Support Addon is purchased. Reply times may vary depending on clients Support Request urgency and detail.

Forbidden Content
IRC/IRC egg drops or bots.
Mail bombers.
IP spoofers.
Port scanners.
Video & Game hosting/streaming (excluding Flash & Java Games)
   (third party streaming is permitted).
Adult Material (Pornographic and/or obscene content).
Illegal distributing and/or advertising of copyrighted material.
Warez/Nulled Content.
Websites designed specifically for downloads.
PHPizabi scripts.
YaBB Forums.
Vulgar language used to offend a minority, ethnic society, sexual orientation
   prejudiced, discrimination against a group, sex, ethnic and orientation etc.

If found, clients agreement will be immediately suspended and any content that does not comply to the terms of service will be removed by HostnSurf.

Restricted Use of Mail
Sending unsolicited mail messages, including the sending of ‘junk mail’.
Harassment, whether through language, frequency or size of messages.
Unauthorized use, or forging, of mail header information.
Creating or forwarding of ‘chain mail’.

Limitations
Memory usage may not exceed 20% per Domain.
CPU usage may not exceed 20% per Domain.
Apache connections may not exceed 25.
MySQL user connections may not exceed 25.
50 IMAP mail connections per IP.
50 POP3 mail connections per IP.
80 outgoing emails per hour.

The above limitations may vary depending on which server you are hosted on. Please contact us for the exact limitations for each server in the network.

Payments
Fees -
Clients billing cycle shall be Monthly, Quarterly, Semi-Annually or Annually, as indicated on the Order.

Payments must be made in United States Dollars, Canadian Dollars or British Pounds Sterling.

If using a Paypal E-Cheque payment method, HostnSurf may not process orders until the E-Cheque clears depending on the products/services that have been ordered. If for any reason the E-Cheque does not clear, services to client will be denied until all invoices have been paid.

Refunds -
HostnSurf agrees to refund 100% of payment if client did not breach any of HostnSurf’s terms of service. HostnSurf reserves the right to withhold a refund if client is not eligible to receive one. No refunds are given after 15 days of account activation have passed and no refunds are given for Domain Names, Clientexec Licenses, Dedicated IP Addresses, RapidSSL Sercurity Certificates or Search Engine Submission.

Client agrees that opening a Paypal Dispute case regarding refunds, after a refund has been denied by HostnSurf is strictly prohibited.

Usage & Overages
Client agrees to pay any and all overage charges accrued on their account from the previous month. Overage charges for disk space and bandwidth are billed per gigabyte at a rate of $0.50 (fifty cents). HostnSurf reserves the right to suspend any account which does not pay any overage charges issued.

Financial Liability
Client acknowledges that the services provided by HostnSurf are of such a nature that services can be interrupted for many reasons other than the negligence of HostnSurf and that damages resulting from any interruption of services are difficult to ascertain. Therefore, client agrees that HostnSurf shall not be liable for any damages arising from such causes beyond the direct and exclusive control of HostnSurf.

Suspension/Termination
Client agrees that HostnSurf may suspend or terminate services purchased by client without notice and without liability if (1) HostnSurf reasonably believe that the services are being used in violation of the terms of service, (2) A written Abuse claim is submitted involving client, whether it be towards another client, a member of staff or a third party, HostnSurf have zero tolerance for abusive behavior, (3) client is found to of been involved in any illegal activities online and, (4) clients invoice remains overdue for five (5) business days. If after five (5) business days of overdue notification client does not pay invoice, a $10.00 (ten dollar) late fee will automatically be added onto invoice by our billing system. If HostnSurf have still not received payment including late fee after a following two (2) business days clients account will be terminated.

Client agrees that HostnSurf may suspend or terminate services purchased by client for any of the above reasons or reasons seen fit.

No backups or refunds will be given.

Shell Access
Shell access is provided on an as-needed basis. It does not come enabled on accounts by default. A request for this feature must be sent to Technical Support before it can be used. The request must include a domain name, username and explanation of why shell access is required. We reserve the right to refuse this service to any client for any reason.

Requests for Client Information
Client agrees that HostnSurf may, without notice to clients, (1) report to the appropriate authorities any conduct by client or any of clients customers or end users that HostnSurf believe violates applicable law, and (2) provide any information that it has about client or any of their customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Fraud
In the event fraud is discovered, fraudulent clients are subject to immediate suspension/termination at the sole discretion of HostnSurf. All information available to HostnSurf about the fraudulent account(s) will be submitted to both local authorities as well as any financial institutions involved. All fraud orders are investigated and all fraudulent clients will be prosecuted to the fullest extent of the law whether it is within the United Kingdom, or overseas.

Backups
Client agrees to maintain a recent copy of all data hosted with HostnSurf. HostnSurf will take no responsibility for any data loss client, clients customers or end users suffer due to accidental delete or loss.

HostnSurf generate a Bi-Nightly (Monday, Wednesday & Friday) system backup at 12am BST. How ever, they are for administration purposes only. We give no guarantees that they will be available to clients.

Server Changes
HostnSurf may change Servers at any time, this may cause downtime and account access may be denied to client. If possible, HostnSurf agrees to notify client of these changes five (5) days prior to the planned Commencement date.

Transfers/Migrations
HostnSurf will transfer any accounts client has with another web hosting provider once, to our network completely free of charge. If client wishes to have an account re-transferred a $5.00 re-transfer fee will be issued.