Terms and Conditions

- For this website

By browsing and using this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern NetPonies' relationship with you in relation to this website. If you do not agree with these terms and conditions, please stop accessing the website. Accessing these terms and conditions does not constitute agreeing to comply with them.

The term "NetPonies" or "us" or "we" refers to the owner of the website, Adam Greig. The term "you" refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:
  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

- For customers hosting with us

Summary

Note: This summary is not legally binding, please refer to the full Acceptable Use Policy and Terms & Conditions.
You may not:
  • Send SPAM
  • Use IRC in any manner
  • Violate copyright
  • Cause Denial of Service attacks or otherwise break into computer systems
  • Make or distribute viruses, worms or other such computer software

Acceptable Use Policy

The term "NetPonies" or "us" or "we" refers to the owner of the website, Adam Greig. The term "you" or "the Customer" refers to the customer of NetPonies.

Scope
This Acceptable Use Policy ("Policy") governs the usage of NetPonies' website hosting service ("the Service"), as used by the Customer. This Policy may be subject to change at any time and without notice.

Prohibited Uses
You may not:
  • Use the Service to send mass unsolicited email ("SPAM") to third parties in violation of any applicable laws, including any laws of England and Wales.
  • Use the Service to make or distribute tools used to send mass unsolicited email.
  • Use the Service in any way that would cause you to become listed on a recognised SPAM abuse or "blacklist" list.
  • Use the Service in any way involving the use of Internet Relay Chat ("IRC"), including but not limited to IRC bots, web chat applications, IRC servers or clients.
  • Use the Service in connection with any illegal activity, including but not limited to copyright violation, patent infringement, trafficking illegal drugs or other substances or materials
  • Use the Service in any manner that would violate any applicable laws, including but not limited to any laws of England and Wales.
  • Use the Service in connection with any tortious or actioanable activity, including but not limited to publishing or disseminating information that would constitute slander, libel or defamation, publicising the personal information or likeness of a person without that person's consent or otherwise violating the privacy rights of any person.
  • Use the Service in connection with any other disruptive activity, including but not limited to:
    • Using the Service to cause Denial of Service attacks against any NetPonies server or any other network or internet hosts or users
    • Using the Service to illegally break into any computer system
    • Using the Service to forge the identity of any other person, including impersonation and "spoofing"
    • Using the Service to distribute or make available any viruses, worms, or other computer software intended to disrupt or destroy services, data or equipment
    • Using the Service to distribute, make available or collect email address lists for the purpose of sending SPAM
    • Using the Service in any manner that might subject NetPonies to unfavourable legal or regulatory action, subject NetPonies to any liability for any reason, or otherwise adversely affect NetPonies' public image or reputation, including but not limited to sending sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectional materials as determined by NetPonies in its sole discretion
    • Using the Service in any manner to interrupt or interfere with the Internet usage of other persons

Violations
To report non-copyright violations, please send email to contact@netponies.com, providing information on the type of infringement, domain name, and if possible a link to the specific infringement.
For copyright related violations, please email dmca@netponies.com with full details.

Remedies
Any violation of this policy may result in a warning, followed by a suspension or termination of Services. Fees may be imposed in accordance with the violation, and offending content may be removed.

Reservation of Rights
NetPonies reserves the right to involve and cooperate with appropriate legal authorities in investigations of claims of illegal activity involving NetPonies' Service, Customers and other Users. NetPonies reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations. NetPonies may utilise technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this Policy and each Customer agrees that NetPonies is authorised to monitor its communications through NetPonies' network for such purposes.

Idemnification User(s) will indemnify, defend, and hold harmless NetPonies and its and employees from any and all claims, damages or lawsuits of any kind (including reasonable attorney fees) arising out of the User's use of the Services and negligent or illegal acts of User(s), its employees or agents, including, but not limited to, claims, damages or lawsuits arising out the use of those services.

Terms and Conditions

Payment
Payment must be made for the agreed term at the agreed rate within 5 days of the expiry of the Service.
If payment is not received, the Service may be suspended, at NetPonies' sole discretion.
Payment may be made by cheque, bank transfer or PayPal.

Cancellation
You may cancel at any time, and will be refunded any unused payment, calculated from the end of when a single month of hosting would complete. For example, if you started hosting on the 21st of a month, paid for 3 months and cancelled within a month, you will be refunded for two months and the website kept up until the start of the second month of your hosting.
You may disable the website via the control panel at any time.

Bandwidth Exceedance
If you go over your bandwidth limit, you will be notified and your account may be suspended at NetPonies' sole discretion. Your account will be resumed when the next monthly term begins, or if you come to any agreement with NetPonies concerning resuming the account.

Domain Names
One domain name will be registered for you by NetPonies, and renewed by NetPonies for you free of charge. No refunds are available for domain name payments. You may request a domain name to be transferred to another registrar, and we will be happy to comply.
Additional domain names are managed by you, but can be hosted on NetPonies.

Security
You are solely responsible for any security breaches that occur on your account. If your account is responsible for an attack or security breach on another hosted account, your account may be immediately suspended. You will be responsible for any charges involved with restoring security

Backups
While NetPonies' systems automatically take backups of your data, we take no liability to maintain them and it is your own responsibility to ensure any vital data is backed up.

Limitations of Liability
NetPonies accepts no liability for any damages that may arise from use of the Services. The Idemnification clause of the Acceptable Use Policy also applies here.

Interruption of Service
NetPonies is not liable for any temporary delay, outages or interruptions of the Service.

Jurisdiction
This agreement is made under and will be governed by and construed in accordance with the laws of England and Wales. You consent that any jurisdiction will be under the courts of England and Wales.
If any part of this agreement is held to be illegal, the rest remain in full force and effect.