This Web Hosting Agreement constitutes a binding and legal document under The Contracts (Rights of Third Parties) Act 1999 between The Easyhost Media Group T/A Niceday Hosting and Tophosting UK and the person/persons/company who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.

Services

The Easyhost Media Group agrees to provide the services stated for the price agreed at any given time. We do not mislead customers with hidden costs unlike many other web hosting companies.

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 unless otherwise specified. The minimum contract period is one (1) month. The contract and billing period starts 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 3 months. If you do decide too host with us again within the 3 months, then their will be a reactivation charge of £15. 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 your account from the server without backups being available and any outstanding invoices will be passed over to a debt agency.

We provide a 14 Day Moneyback Guarantee, after 14 days no refunds will be issued, even if you have paid for an annual plan. The MBG will only apply to your first time hosting, if you have a second service or you are a returning customer then the MBG will not apply.

Reseller Limits

We have placed a limit to 25 accounts per reseller. Once you reach 25 accounts you will be advised to upgrade to a VPS, this is to help with the servers performace such as memory and I/O.

Changing Nameservers

We carry 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 directing the domain away from our server but you have not informed us of you leaving, we will contact you regarding your intentions and then if we dont hear 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 £15 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 / Domain of 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. The domain you have on file under your account must be owned by you and point to our servers. 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 and domain 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.

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 The Easyhost Media Group 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 The Easyhost Media Group judges to be hostile or obtrusive. All of The Easyhost Media Group clients agree to indemnify and hold The Easyhost Media Group 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 Niceday 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 Easyhost Media Group services offered. Under no circumstance may our clients use their Niceday Hosting account as file storage and/or a download warehouse. The Easyhost Media Group 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 Easyhost Media Group (TOS), it does however mean that any of The Easyhost Media Group services cannot and will not drive a website that focuses on downloads. Additionally you may not use your Easyhost Media Group service as a storage warehouse for games, videos or music files. Attaching a specific value to the statement, any Easyhost Media Group 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 Easyhost Media Group 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, The Easyhost Media Group cannot and will not authorise sexually explicit material to be hosted or transmitted to any extent across any of The Easyhost Media Group 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.

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.

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 (at) easyhostmediagroup.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.

Backup Policy

The Easyhost Media Group does maintain Daily, Weekly and Monthly backups on a separate backup server. These backups are accessible to all clients through cpanel (Files - cPremote backup management). The Easyhost Media Group holds absolutely no liability to any customer for any data stored on any of The Easyhost Media Group servers.

It is always the clients responsibility to make sure they take and keep regular backups of their websites. If you use the built in cpanel backup feature then once the backup is complete then please move the backed up file ( which will be a .tar.gz file) to a local PC/server rather than keep these on our 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 within 7 days of termination.

Acceptable Usage Policy (AUP)

Customers agree to use our services under the Acceptable Usage Policy which is here by incorporated with this agreement. Customers agree that The Easyhost Media Group hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of The Easyhost Media Groups notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with The Easyhost Media Groups reasonable investigation of any suspected violation of the AUP. In the event of a dispute between The Easyhost Media Group and Customer regarding the interpretation of the AUP, The Easyhost Media Group commercially reasonable interpretation of the AUP shall govern.

Chargeable services

The Easyhost Media Group 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 if the issues are down to server problems, 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 items. Our charges are £25 per hour/part of an hour with a min. charge of £25 (i.e. 5 minutes will be £25, so 65 minutes will be £50. To install a 3rd party script manually will be chargeable from £15 depending on the script and work involved.
If we have to work on a MySQL database due to a clients misconfiguration then we will charge a flat fee £140.

UNSOLICITED EMAIL & SPAMMING

Having personal e-mail accounts alongside all of you and experiencing the issues spam can cause, we feel it is our responsibility here at The Easyhost Media Group 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 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, The Easyhost Media Group may issue a cleanup. In this case The Easyhost Media Group account responsible for aiding in or issuing the spam will be charged a reasonable fee that is decided entirely by The Easyhost Media Group.

Mass e-mail, bulk e-mail and spam scripts of any kind are not tolerated on any of The Easyhost Media Group servers. In an effort to enforce this policy The Easyhost Media Group servers are capped at 100 emails per hour per 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 The Easyhost Media Group, however if the request is reasonable there is no reason to expect it would not be allowed.

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

Usenet (newsgroups, articles, messages, etc) Spam
The Easyhost Media Group 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.

Any account holders that has an active PayPal subscription attached to their accounts must have this 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.

A Payment Service Fee is added at the final checkout (See Below).

Overage Charges

Rather than have clients websites display the ' This site has exceeded their monthly bandwidth limit' warning notice until the start of the following month, we charge £0.002/MB in overage charges. This allows the clients websites to remain up and running.

This is the same rate we charge if you go over your allocated web space without upgrading accounts.

Payment Fees

For many years Visa and Mastercard banned any online or offline retailer from directly passing any payment fees onto the consumer, which basically meant that goods and services had to factor this in when working out prices, so everyone would be paying these charges without knowing and even if they paid in cash, this all changed about 3 years ago when the british retail consortium challenged the fact that both Visa and Mastercard charged consumers directly for taking out a pre paid card and won, so now all retailers can if they wish pass on the fees directly to consumers. You will see more and more online retailers adding things like Service Fee, Payment Fee etc. onto invoices.

We now add a Service Fee to all invoices (this will be shown on the final payment screen), this fee will be different depending on which payment provider you use.

These are our Fees
Direct Debits 1.2%
Credit/Debit Cards 2.5% + £0.20
Mobile Payments 2.9%
Bank Transfer/Standing Order £0.40
Paypal 3.4% + £0.20

SERVER ABUSE

Any attempt to undermine or cause harm to a server or customer of The Easyhost Media Group is strictly prohibited.

The Easyhost Media Group will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include 'Internet scamming' (tricking other people into releasing their passwords), password theft, security hole scanning, etc.

Any unauthorised use of accounts or computers by YOU, whether or not the attacked account or computer belongs to The Easyhost Media Group, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE - The Easyhost Media Group has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by The Easyhost Media Group to be unacceptable use of our services including abuse of server resources.

WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.

Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

If we notice any reports on Fraudrecord that has cause for concern then we may take action that can be a suspension or termination of services.

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 service 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 14-day money back guarantee period. refunds can only be issued for direct hosting services. Domain services, VPS, 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.

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.

Indemnification

Customer agrees to indemnify and hold harmless The Easyhost Media Group, The Easyhost Media Group's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.

YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS The Easyhost Media Group AGAINST LIABILITIES ARISING OF:

(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH THE EASYHOST MEDIA GROUPS SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM THE EASYHOST MEDIA GROUPS SERVER.

Disclaimer of Warranties

The Easyhost Media Group does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law The Easyhost Media Group disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an 'As Is' basis.

Limitation of Damages

Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.

Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of The Easyhost Media Group and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.

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.

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')

Copyright Files

All files stored on The Easyhost Media Group's servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.

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 on 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.

Changes To The Easyhost Media Group's Network

Upgrades and other changes in The Easyhost Media Group's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. The Easyhost Media Group reserves the right to change its network in its commercially reasonable discretion, and The Easyhost Media Group shall not be liable for any resulting harm to Customers content.

Intellectual Property Rights

Material accessible to you through The Easyhost Media Group's services may be subject to protection under the United Kingdoms or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use The Easyhost Media Group or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the The Easyhost Media Group network. If YOU use a domain name in connection with The Easyhost Media Group or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use the The Easyhost Media Group network with an 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 a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. The Easyhost Media Group will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Electronic Commerce

YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:

(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,

(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and

(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.

YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.

Static and Dynamic Content Caching

YOU expressly

(i) grant to The Easyhost Media Group a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by The Easyhost Media Group under this Agreement and
(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party's intellectual property rights.

IP Address Ownership

The Easyhost Media Group shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by The Easyhost Media Group.

The Easyhost Media Group reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Domain Name Registration

YOU agree to pay The Easyhost Media Group prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the The Easyhost Media Group price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. The Easyhost Media Group reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from The Easyhost Media Group to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by The Easyhost Media Group) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to The Easyhost Media Group as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. The Easyhost Media Group will reinstate YOUR domain name registration solely at The Easyhost Media Group's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Transfer domain registrar to The Easyhost Media Group
YOU agree to pay The Easyhost Media Group prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the The Easyhost Media Group price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:

- No response from the Registered Name Holder or Administrative Contact

- Domain name in Registrar Lock Status

- Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer

The Easyhost Media Group reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from The Easyhost Media Group to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by The Easyhost Media Group) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to The Easyhost Media Group as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. The Easyhost Media Group will reinstate YOUR domain name registration solely at The Easyhost Media Group discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Transfer domain away from The Easyhost Media Group
The Easyhost Media Group reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:

- No response from the Registered Name Holder or Administrative Contact

- Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change

- Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer

YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and The Easyhost Media Group will not be held liable for the failure of a domain name transfer for any reason.

Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.

Lawful Purpose

The Easyhost Media Group reserves the right to refuse service to anyone. YOU may only use The Easyhost Media Group servers for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, United Kingdom and European Union, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: 'Pirated Warez', OGG, AVI, MPEG, ISO, 'Hacker programs or archives', 'Copyrighted Digital Movie Copies (DIVX)' and 'Unlicensed MP3'. The designation of any materials as such described above is left entirely to the discretion of The Easyhost Media Group management. If we find such material and have to clean our servers then you agree to cover any costs involved in this.

If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that The Easyhost Media Group may disclose any and all YOUR 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.

Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Northumberland, United Kingdom, and any dispute will be litigated or arbitrated in Northumberland, United Kingdom. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Northumberland courts. IN NO EVENT SHALL The Easyhost Media Group's MAXIMUM LIABILITY EXCEED FIFTY (50.00) POUNDS.

INTELLECTUAL PROPERTY RIGHTS

Material accessible to you through The Easyhost Media Group's services may be subject to protection under the United Kingdom or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use The Easyhost Media Group or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the The Easyhost Media Group's network. If YOU use a domain name in connection with The Easyhost Media Group or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Order Acceptance

The Easyhost Media Group uses 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. Your details will also be checked with Fraudrecord.

Notices

Notices to The Easyhost Media Group under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

Force Majored

The Easyhost Media Group shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond The Easyhost Media Group's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Governing/Law Disputes

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.

Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on The Easyhost Media Group unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without The Easyhost Media Group's prior written consent. The Easyhost Media Group's approval for assignment is contingent on the assignee meeting The Easyhost Media Group's credit approval criteria. The Easyhost Media Group may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.

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.

Changes to the TOS

We reserves the right to revise its policies at any time without notice. We will try and give 14 days notice of any changes.

Our address

The Easyhost Media Group, 57 Sycamore Street, Ashington, Northumberland, NE63 0BE, 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: helpme [at] niceday-hosting.co.uk.

TOS Amended

These TOS were amended on Saturday 25th February 2017

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