Acceptable Use Policy (AUP) and Terms of Service (TOS)

 

Digital Media Internet Services Limited trading as Lets Host issues this document. The company shall be known throughout this document as Lets Host.

 

Lets Host agrees to provide the client web hosting for a monthly/annual fee. Lets Host will never require clients to advertise for Lets Host on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Clients are allowed to use the service for business/commercial or personal websites or content.

 

Content:

All services provided by Lets Host may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Irish (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Lets Host from any claims resulting from the use of the service which damages the subscriber or any other party. A fair usage policy applies to all shared hosting accounts, with a maximum inode capacity per account of 50,000. Please note: Your account is not to be used as a file store rather than to store active webpages/files which are publically accessible from the Internet.

 

Adult Content:
Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Lets Host will be the sole arbiter as to what constitutes a violation of this provision.
Examples of non-acceptable content or links:

• Pirated software
• Hacking programs or archives
• Warez Sites
• Porn
• Spamming Software

 

Background-running Programs:

Lets Host do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

 

Banned Scripts:

You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Lets Host reserves the right to disable the account pending client cooperation and resolution.

Scripts we do not allow include:

• Chat servers/scripts of any kind are strictly prohibited.
• Formmail is not allowed on our servers.

You can use formmail scripts but they must be up to date and not running with the filename "formmail". Any files named "formmail" will be deleted without notice.

 

The installation of Proxy servers is prohibited. Any Proxy scripts found on the LetsHost web servers will be removed without notice.

 

Distribution and/or Transmission of Obscene or Indecent Speech or Materials. Violation of indecency and obscenity laws can result in criminal penalties.

 

Resource Usage
User may not:

• 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.
• Run stand-alone, unattended server-side processes at an y point in time on the server. This includes any and all daemons, such as IRCD.
• Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
• 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.
• Participate in any file-sharing/peer-to-peer activities
• Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
• Run cron entries with intervals of less than 15 minutes

 

Intellectual Property Rights:
Material accessible to you through Lets Host's Services may be subject to protection under United Kingdom (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Lets Host Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Lets Host Network. If you use a domain name in connection with the Lets Host Service 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 Lets Host 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 the customer, logging into a server or account the customer is 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. Customers 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. Lets Host will co-operate 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. Users who violate system or network security may incur criminal or civil liability.

 

Defamation:
Defamatory speech distributed over the Internet can result in civil liability for the defamer.

 

Refusal of Service:
Lets Host reserves the right at its sole discretion to refuse or cancel service. Violation of any of Lets Host's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer.

 

Spam Or Unsolicited E-Mail:
You must not use the Lets Host Network, Lets Host equipment or any Lets Host email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Lets Host Network, Lets Host equipment or any Lets Host email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

 

If you are found to have spammed, Lets Host reserves the right to disable your domain without warning. In addition, Lets Host may impose a €150 penalty for each spam policy violation. Lets Host solely reserves the right to refuse or cancel service to known spammers. Lastly, Lets Host reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

 

In an effort to minimise spam emails and protect out IP space, all shared hosting accounts have a 250 email limit per hour. Accounts requiring more than 250 emails to be sent per hour, should review our VPS and dedicated server offerings which do not have this limit imposed.

 

Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Lets Host (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Lets Host, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Lets Host against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Lets Host server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Lets Host to the amount paid for service.

 

Domain Registration Only:
If a customer does not provide valid name server details for purchases of a domain name only order, Letshost will park the domain on its servers. LetsHost may include revenue generating advertising on the parked page for any domain. Customer can change the name servers at any time to point their domain away from the parking page, by using the online tools provided.

 

Refunds Policy:
You may cancel your account at any time before your next billing date, and you will not be billed for the next period. If your refund claim is outside of our 30 day offer then we cannot refund any payments made.

 

Domain Registration
Technical assistance for domain registration is provided by email only. Please email us at support @ letshost.ie.

 

Once a domain is registered the fees are non-refundable under any circumstances, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term.

IE Domains are subject to the Terms and conditions of registration as detailed on the www.IEDR.ie website - Applications for .ie registrations may not be submitted to the registry until all documentation and all requirements are supplied by the customer. Your domain may remain available to anyone else until this information is recieved by us and processed. For .ie registrations that are rejected by the registry a full refund will be issued. For .ie registrations that are not completed because we have not received the required documentation from the customer a refund of 70% will be issued.

 

We offer a 30 day "money back" guarantee for our shared hosting service. If you are dissatisfied with the hosting service provided, you can request a refund of all monies paid for shared hosting services only (excludes VPS, PC backup, site builder and domain registration). Any other fees paid are non refundable, or subject to a resonable administration fee proportionate to any work we have carried out (eg setup, support desk requests, etc). Domain registration fees are not refundable under any circumstances.

 

Special Offers:
As in from Feb 2011 LetsHost are offering a €14.99 price for all NEW .ie domain registrations and transfers. Purchases under this special offer are liable to a €24.99 renewal fee (or less) in the next year of renewal.

 

Billing:
This is a subscription service. Credit card details used at time of purchase are billed on a recurring basis (depending on the payment term selected). Emails are issued to confirm payment and to ensure continuity of service, payment is taken unless otherwise instructed.

As per our invoices, payments are charged 2 days before an invoice due date to avoid service interruption.
Failure to renew the subscription at the end of the billing term will result in service suspension.

 

Disclaimer:

 

Lets Host will not be responsible for any damages your business may suffer. Lets Host makes no warranties of any kind, expressed or implied for services we provide. Lets Host disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Lets Host and its employees. Lets Host makes no "uptime" guarantees.

 

Lets Host keeps backups of key server systems only and these backups are not available for customer use. Lets Host can accept no responsibility for any loss of data or consequences arising from this. Lets Host always advises clients to back up their site data regularly for their own protection. Other backup systems provided are given as a courtesy only, and should not be depended upon for ensuring your data is secure.

 

Lets Host furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of Lets Host. A customer's failure to comply with those laws will violate this policy.

 

If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with Lets Host then Lets Host will not be responsible for maintaining hosting for the resellers customers.

 

All communications (emails, verbal or written) are between Lets Host and the client. These communications are private and are therefore not to be shared with any other parties.

 

Finally, Lets Host wishes to emphasize that in accepting services, customers indemnify Lets Host for the violation of any law or Lets Host policy, that results in loss to Lets Host or the bringing of any claim against Lets Host. This means that if Lets Host is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Lets Host, plus costs and reasonable legal fees.

 

Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.

 

Lets Host reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.