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  Terms of Service
Below are our Terms of Service which clearly state our intentions
and expectations from our customers.
 
  Acceptable Use Policies

General:

At Efficient Hosting we are dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.

Failure to follow any term or condition will be grounds for immediate account deactivation without notice. Efficient Hosting will be the sole arbiter as to what constitutes a violation of any of these provisions.

Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Credible complaints made regarding abuses of an account will be grounds for immediate suspension.

Content:

All services provided by Efficient Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any British, European or American law or regulation is prohibited.

This includes, but is not limited to:
  • Copyrighted material, including material infringing on copyrights, trademarks, patents, etc.
  • Material we judge to be defamatory, abusive, threatening or obscene
  • Material protected by trade secret or other statute
  • Material constituting an invasion of privacy
All pornographic (or "adult") content, nudity or sex-related merchandising is prohibited on all Efficient Hosting servers. This includes sites that may infer sexual content or include links to adult content elsewhere.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Efficient Hosting's servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links include:
  • Pirated software
  • Hacker programs or archives
  • "Warez" sites
  • MP3 files
  • Unsecured mail scripts (see below)
We provide a secure server-wide shared form to e-mail script. Any self installed mail scripts must be properly secured and must be renamed from their generic name to deter their hijacking by spammers. In particular, mail scripts must not be named "formmail.pl" or an obvious variant of this such as "formmail.cgi" or "FormMail.pl".

E-mail:

"Spamming", or the sending of unsolicited e-mail, from an Efficient Hosting server, or using an email address or domain that is maintained on an Efficient Hosting machine as reference, is strictly prohibited and will result in immediate account deactivation. The same applies to inappropriate or bulk Newsgroup postings.
If your use of our services results in any of our IP addresses being reported to any organisation that attempts to police and/or monitor abuse of the Internet, such as an organisation that maintains a list used by third parties for blocking spam, then this will also be grounds for account cancellation.
Our servers may not be used as the source, intermediary or destination for spam, flames or mail bombs of any kind. We reserve the right to charge a 20 penalty per unsolicited e-mail sent or inappropriate Newsgroup posting made. In addition, all costs associated with investigating "Spam" complaints will be charged to the violating customer.

Misuse of System Resources:

Any action likely to undermine or cause harm to a server or customer of Efficient Hosting is strictly prohibited.

This includes, but is not limited to:

Using programs that consume excessive CPU time or adversely affect normal server operation.
Using any of your account resources (such as mail services or disk space) other than for your own use in operating a single web site.
Use of servers for storage of files unrelated to the web site of the account.
Resale or remote access to CGI scripts installed on our servers.
Reselling of web space, e-mail access or any other features of your account.
Operation of Chat Rooms or any IRC related materials (including IRC servers and IRC bots) on our servers.
The selling or promoting of bulk e-mail services, including e-mail lists and products designed to facilitate the "harvesting" of e-mail addresses or the sending of bulk e-mail.
Distribution of viruses, worms or any other potentially destructive code.
Allowing the automated addition of links or content to your account by third parties on an unmoderated 'free for all' (FFA) basis.
Operation of web proxy scripts which mask the true source of any Internet activity.
Use of Greymatter weblog software, which we have found to have compatibility problems with our servers.
Use of servers to engage in any form of malicious or illegal activity.
Using an account for a use considered by Efficient Hosting to be inappropriate.

Unauthorized Usage:

Clients are responsible for ensuring that only they or their authorized designees utilize their accounts.
 
  Account Billing And Cancellation

Billing:

You will normally be billed monthly in advance by credit card. Please ensure that you have sufficient credit to cover these charges. If we are unable to charge your card, we will first notify you of the problem by e-mail and ask you to arrange your billing on an alternative credit card. If you do not comply with this request within 24 hours we reserve the right to deactivate your account. In such cases, we also reserve the right to charge a reactivation fee of 10.00, should you wish to have your account reinstated.

Cancellation:

Cancellation can be made at any time via email.
Although no notice is required, and there is no cancellation fee, all monthly fees paid up to the notice of cancellation are non-refundable. We do not refund partial monthly fees.
If you are not fully paid-up at the time of cancellation then you will remain responsible for all money owed on your account from the time of activation to the time you notified Efficient Hosting of your cancellation.
We offer a money-back guarantee which may be claimed for cancellations made within the first 30 days of service. However, all fees paid for domain registration and/or transfer are non refundable. Full details and conditions of this guarantee are available by following this link.

Data Transfer And Disk Space Overages:

Each account plan comes with its own, clearly stated, allowance of data transfer and disk space. You may easily monitor your usage of data transfer and disk space using the Resource Meter in your Control Panel. Charges for usage above your account limits are set out at the bottom of our plan features page. Please note that these charges are not prorated - you will be charged for a whole number of extra "blocks" of data transfer or disk space. Excess data transfer comes in "blocks" of 1000MB. Excess disk space comes in "blocks" of 20MB. Upon notification of excess data transfer or disk space usage by Efficient Hosting, payment must be made within one week, otherwise we reserve the right to disable your site until payment is received.
 
  Confidentiality

Efficient Hosting collects various information from clients for billing and administrative purposes. You consent to the transmission and safe storage of such information for the purpose of administering your account.

Your personal information will not ordinarily be made available to any third parties. However, we may provide your personal data to governmental or law enforcement agencies and other third parties with a legitimate reason for requesting the information.
 
  General

Warranties And Indemnity:

Efficient Hosting make no warranties of any kind, neither express nor implied.

We shall not be liable, in contract, tort (including negligence) or otherwise for:
  • Any loss of use or loss of data.
  • Any loss of profit, business, contracts, revenues, or anticipated savings.
  • Any punitive, special, indirect, incidental, consequential or similar damages of any nature whatsoever, whether foreseeable or not, resulting from any act or omission on our part or any other person authorised by us in supplying our services.
The subscriber agrees to indemnify and hold harmless Efficient Hosting from any claims, losses, liabilities and expenses (including legal fees) resulting from the use of our services which damage the subscriber or any third parties.
This means that if we are sued as a result of one of our clients carrying out actions in violation of any of the terms and conditions of this agreement, the client responsible will be liable to us for the full cost of any damages awarded against us, including any legal fees.

Domain Name Registration/Transfer:

If you choose to have Efficient Hosting register (or transfer) one or more domains on your behalf, you agree to be bound by the terms and conditions imposed by all relevant registrars and regulators.
Depending on the type of domains(s) being registered (or transferred) these terms and conditions may include, but are not limited to, those terms and conditions imposed by ICANN's Dispute Resolution Policy, Nominet's Terms and Conditions, eNom's Registration Agreement and eNom's Dispute Resolution Policy.

Content Disclaimer:

Efficient Hosting cannot possibly screen in advance all material being uploaded to our servers by our clients. The inclusion of any such material on our servers does not express any implied approval of the material by Efficient Hosting.
If ever Efficient Hosting should become aware of any "inappropriate" or illegal material on our servers, we shall take immediate action to ensure its removal.

Data Backup:

Our servers are backed up on a daily basis. However, this service is intended to supplement rather than replace your own backups and we can take no responsibility for any loss of data.
Backups will not necessarily be retained for accounts that have been cancelled and so any required files should be downloaded before submitting any cancellation request.

Refusal Of Service:

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

Additionally, we reserve the right to refuse to accept an order for any reason whatsoever, or for no reason at all, even after we have charged your credit card for your first month's hosting and/or your domain registration. If we should decide to decline your order then we will, of course, refund your first credit card payment and cancel any future billing.

Right Of Change:

Efficient Hosting retains the right to add new policies or to change or remove any of the existing policies in this agreement at any time and without notification. In addition, Efficient Hosting reserves the right to change prices at any time.

Enforceability:

In the event that any part of this agreement should prove to be unenforceable, all other terms and provisions shall remain in full force and effect.

Acceptance Of These Terms And Provisions:

When completing an order for any of the services provided by Efficient Hosting, you are required to indicate your acceptance of the terms and conditions set out in this agreement by ticking the appropriate checkbox on the order form.
In addition, use of any service offered by Efficient Hosting will constitute acknowledgment of and agreement to the terms and conditions of this agreement.

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