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Acceptable
Use Policy (AUP)
Customer Service Agreement
Acceptable Use Policy (AUP)
By using our web hosting services, you agree to comply with our policies.
You are expected to use the Internet with respect, courtesy, and responsibility,
giving due regard to the rights of other Internet users. We expect you
to have a basic knowledge of how the Internet functions, the types of
uses which are generally acceptable, and the types of uses which are to
be avoided. Common sense is the best guide as to what is considered acceptable
use. The following are unacceptable uses:
Illegality in any form, including but not limited to activities such as
unauthorized distribution or copying of copyrighted software, violation
of U.K export restrictions, harassment, fraud, trafficking in obscene
material, drug dealing, and other illegal activities.
Our Address
Verdict Solutions
109A Oyston Mill
Ashton
Preston
Lancashire
PR1 8UR
Interpretation
The provisions of this Policy are intended as guidelines and are not meant
to be exhaustive. Generally, conduct that violates law, regulation, or
the accepted norms of the Internet community, whether or not expressly
mentioned in this Policy, is prohibited. Verdict Solutions reserves the
right at all times to prohibit activities that damage its commercial reputation
and goodwill.
Illegal Use
Verdict Solutions servers may be used only for lawful purposes. Transmission,
distribution or storage of any material in violation of any applicable
law or regulation is prohibited. This includes, without limitation, material
protected by copyright, trademark, trade secret or other intellectual
property right used without proper authorization, and material that is
obscene, defamatory, constitutes an illegal threat, or violates export
control laws. Examples of non-acceptable content or links: "Pirated
software", "Hackers programs or archives", "Warez
Sites", "Irc Bots", "Mp3".
Verdict Solutions further reserves the right to suspend or terminate service
to any websites affiliated with known or suspected terrorist organisations
at our discretion.
We will be the sole arbiters as to what constitutes a violation of this
provision.
System and Network Security. Violations of system or network security
are prohibited, and may result in criminal and civil liability. Examples
include, but are not limited to the following: unauthorized access, use,
probe, or scan of a systems security or authentication measures, data
or traffic. Interference with service to any user, host or network including,
without limitation, mail bombing, flooding, deliberate attempts to overload
a system and broadcast attacks. Forging of any TCP-IP packet header or
any part of the header information in an e-mail or a newsgroup posting.
It is a violation for anyone who, including but not limited to, employs
posts or programs which consume excessive CPU time or storage space, permits
the use of mail services, mail forwarding capabilities, POP accounts,
or auto responders other than for their own account; or resale of access
to CGI scripts installed on our servers.
Tortious Conduct
No one shall post defamatory, scandalous, or private information about
a person without their consent, intentionally inflicting emotional distress,
or violating trademarks, copyrights, or other intellectual property rights.
Spamming
Sending unsolicited mail messages, including, without limitation, commercial
advertising and informational announcements, is expressly prohibited.
A user shall not use another site's mail server to relay mail without
the express permission of the site or distributing, advertising or promoting
software or services that have the primary purpose of encouraging or facilitating
unsolicited commercial E-mail or spam.
It is contrary to Verdict Solutions policy for customers to use our servers
to effect or participate in any of the following activities:
To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke
complaints from the recipients;
To engage in any of the foregoing activities using the service of another
provider, but channelling such activities through a Verdict Solutions
provided server, or using a Verdict Solutions provided server as a mail
drop for responses;
To falsify user information provided to Verdict Solutions or to other
users of the service in connection with use of a Verdict Solutions service.
When Verdict Solutions becomes aware of an alleged violation of its Acceptable
Use Policy, Verdict Solutions will initiate an investigation (within 24-72
hours). During the investigation Verdict Solutions may restrict Customer
's access in order to prevent further possible unauthorized activity.
If the Customer is found in violation of our SPAM policy, Verdict Solutions.
may, at its sole discretion, restrict, suspend, or terminate Customer's
account and/or pursue other civil remedies. Also, Verdict Solutions reserves
the right to pursue civil remedies for any costs associated with the investigation
of a substantiated policy violation. If such violation is a criminal offence,
Verdict Solutions will notify the appropriate authorities of such violation.
Verdict Solutions does not issue service credits for any outages incurred
through service disablement resulting from Policy violations.
The Customer shall be held liable for any and all costs incurred by Verdict
Solutions as a result of the customer's violation of these terms and conditions.
This is including, but is not limited to, solicitor fees and costs resulting
from Postmaster responses to complaints from and the cleanup of unsolicited
commercial mailings and/or unauthorized bulk mailings and/or news server
violations. First violations will result in a Cleanup Fee of £300
and the customer’s account will be reviewed for possible immediate
termination. A second violation will result in Cleanup Fee of £700
and immediate termination of the customer’s account. The Customer
who violates this policy agrees to also pay Investigation Fees of no more
than £125 per hour that Verdict Solutions personnel must spend to
investigate any violations.
Modification
Verdict Solutions reserves the right to add, delete, or modify any provision
of this Policy at any time without notice.
Reporting Network Abuse
Any party seeking to report any violations to Verdict Solutions policy
may contact via e-mail: abuse@verdictsolutions.co.uk
Verdict Solutions CUSTOMER
SERVICE AGREEMENT
This is an agreement between you and Verdict Solutions regarding your
use of Verdict Solutions computer, interactive information, communication
and server management service. This Agreement governs the terms and conditions
under which Verdict Solutions makes the services offered by Verdict Solutions
available to individual consumers through a personal computer or similar
access, or to individual consumers or small businesses in connection with
the " Verdict Solutions " webhosting or similar services.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. Verdict Solutions will host an account for you, the purchaser (hereafter
referred to as the Account Holder), for the Account Holder's chosen domain
name, for the period of time (the Term) corresponding with the payment
plan chosen by the Account Holder. This contract will be automatically
renewed at the end of the Term and each successive renewal term, unless
terminated. We require notification of non-renewal with at least 30 days
notice but not more than 60 days prior to the renewal date.
2. Verdict Solutions services are provided on an “as is” basis
without warranties of any kind, either express or implied, including,
but not limited to, warranties of merchantability, fitness for a particular
purpose or non-infringement. Verdict Solutions expressly disclaims any
representation or warranty that the Verdict Solutions services will be
error-free, secure or uninterrupted. No oral advice or written information
given by Verdict Solutions, its employees, licensors of the like, will
create a warranty; nor may you rely on any such information or advice.
The terms of this Section will survive any termination of this Agreement.
3. Account Holder acknowledges that the nature of the service furnished
and the initial rates and charges have been communicated to the Account
Holder. Account Holder is aware that Verdict Solutions reserves the right
to change the specified rates and charges from time to time.
4. The Account Holder agrees to follow generally accepted rules of "Netiquette"
when sending e-mail messages or posting to newsgroups. Account Holder
is responsible for security of its password. Verdict Solutions will not
change passwords to any account without proof of identification, which
is satisfactory to Verdict Solutions, which may include written authorisation
with signature. In the event of any partnership break-up, divorce or other
legal problems that includes Account Holder, Account Holder understands
that Verdict Solutions will remain neutral and may put the account on
hold until the situation has been resolved. Under no circumstances will
Verdict Solutions be liable for any losses incurred by Account Holder
during this time of determination of ownership, or otherwise. The Account
Holder agrees to indemnify and hold harmless Verdict Solutions from any
and all Claims arising from such ownership disputes. The terms of this
Section will survive any termination of this Agreement.
6. The Account Holder agrees not to harm Verdict Solutions, its reputation,
computer systems, programming and/or other persons using Verdict Solutions
services. Verdict Solutions reserves the right to select the server for
Account Holder's website for best performance. The Account Holder understands
that the services provided by Verdict Solutions are provided on a shared
server. This means that one website cannot be permitted to overwhelm the
server with heavy CPU usage, for example from the use of highly active
CGI scripts or chat scripts. If the Account Holder's website overwhelms
the server and causes complaints from other users, the Account Holder
has outgrown the realm of shared servers, and will need to relocate its
website. Verdict Solutions will refund any unused portion of prepaid services.
If the Account Holder refuses to comply with this Section, then Verdict
Solutions has the right to terminate the services provided to the Account
Holder without any refunds of the unused portion prepaid by the Account
Holder. The Account Holder agrees to indemnify and hold harmless Verdict
Solutions and any other Account Holder from any and all Claims resulting
from the Account Holder's use of the services provided by Verdict Solutions.
The terms of this Section will survive any termination of this Agreement.
7. The Account Holder's rights and privileges under this Agreement cannot
be sold or transferred without the prior written consent of Verdict Solutions
8. If the Account Holder sells or resells advertising or web space to
a third party then the Account Holder will be responsible for the contents
of that advertising and the actions of that third party. Verdict Solutions
has the absolute right to reject any advertising or other third party
content that is illegal, offensive or otherwise in breach of the then
current Verdict Solutions Acceptable Use Policy. The e-mail distribution
by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED
COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder
refuses to remove any advertising or other third party content deemed
objectionable by Verdict Solutions. Verdict Solutions may terminate the
services being provided to the Account Holder.
9. Verdict Solutions will use its best efforts to maintain a full time
Internet presence for the Account Holder. The Account Holder hereby acknowledges
that the network may, at various time intervals, be down due, but not
restricted to, utility interruption, equipment failure, natural disaster,
acts of God, or human error. In no event shall Verdict Solutions be liable
to the Account Holder for any damages resulting from or related to any
failure or delay of Verdict Solutions in providing access to the Internet
under this Agreement. In no event shall Verdict Solutions be liable to
the Account Holder for any indirect, special or consequential damages
or lost profits arising out of or related to this Agreement or the performance
or breach thereof. The aggregate, total liability of Verdict Solutions
under this Agreement, if any, shall in no event or circumstance exceed
the total amount actually paid by the Account Holder hereunder. The terms
of this Section will survive any termination of this Agreement.
10. This Agreement applies to all accounts, sub-accounts, and alternative
account names associated with your principal account. The Account Holder
is responsible for the use of each account, whether used under any name
or by any person, and for ensuring full compliance with this Agreement
by all users of that account. A Verdict Solutions account may not be transferred
without prior written approval from Verdict Solutions. The Account Holder
is responsible for maintaining the confidentiality of his/her password.
In the event of a breach of security through the Account Holder's account,
the Account Holder will be liable for any unauthorized use of the Verdict
Solutions services, including any damages resulting therefrom, until the
Account Holder notifies Verdict Solutions customer service.
11. If Verdict Solutions assigns the Account Holder an Internet Protocol
address in connection with the Account Holder's use of the Verdict Solutions
services, the right to use that Internet Protocol address will remain
with and belong only to Verdict Solutions, and the Account Holder will
have no right to use that Internet Protocol address except as allowed
by Verdict Solutions in its sole and absolute discretion.
12. This Agreement constitutes the entire agreement between the Account
Holder and Verdict Solutions with respect to the Verdict Solutions services
and supersedes all prior agreements between the Account Holder and Verdict
Solutions. Verdict Solutions 's failure to enforce any provision of this
Agreement shall not be construed as a waiver of any provision or right.
In the event that a portion of this Agreement is held unenforceable, the
unenforceable portion will be construed in accordance with applicable
law as nearly as possible to reflect the original intentions of the parties,
and the remainder of the provisions will remain in full force and effect.
The terms of this Section will survive any termination of this Agreement.
13. The parties shall attempt to resolve all disputes arising out of this
Agreement in a spirit of cooperation and with a problem-solving mindset,
without formal proceedings. Any dispute, which cannot be so resolved,
shall be subject to binding arbitration upon the written demand of either
party. Arbitration shall take place in Preston, Lancashire, UK. Should
any legal action permissible under this Agreement be instituted to enforce
the terms and conditions of this Agreement, in particular the right to
collect money due on unpaid invoices, the prevailing party shall be entitled
to recover reasonable solicitor fees and expenses incurred at both the
trial and appellate levels. The terms of this Section will survive any
termination of this Agreement.
14. The Account Holder agrees to indemnify and hold Verdict Solutions
harmless from any and all Claims resulting from or connected with any
activities conducted by the Account Holder. The Account Holder and Verdict
Solutions will promptly notify the other upon receipt of any Claim or
legal action arising out of activities conducted pursuant to this Agreement.
The rights and responsibilities established in this paragraph will survive
any termination of this Agreement.
15. Verdict Solutions may include the Account Holder's name and contact
information in directories of Verdict Solutions service subscribers for
the purpose promoting the use of the services by additional potential
clients. However, Verdict Solutions is not authorized to print the Account
Holder's name, trademarks or other identifying information in any other
advertising or promotional materials without the prior written consent
of the Account Holder.
16. The interpretation and enforcement of this Agreement shall be governed
according the laws of the United Kingdom applicable therein. The Account
Holder hereby consents to personal jurisdiction in the county courts of
Preston, Lancashire, UK for any action arising out of or relating to the
Account Holder's use of the Verdict Solutions services. The county courts
of Preston, Lancashire will have exclusive authority over all such actions.
In any such action, the prevailing party will be entitled to recover all
legal expenses incurred in connection with the action, including but not
limited to its costs, both taxable and non-taxable, and reasonable solicitor’s
fees. The terms of this Section will survive any termination of this Agreement.
17. Notices required by this Agreement shall be in writing and shall be
delivered either by personal delivery or by mail. If delivered by mail,
notices shall be sent by any express mail service; or by certified or
registered mail, return receipt requested; with all postage and charges
prepaid. All notices and other written communications under this Agreement
shall be addressed to the individuals in the capacities indicated below,
or as specified by subsequent written notice delivered by the party whose
address has changed.
18. Because the Internet is a global communication tool, and we have clients
from nearly every country in the world it is difficult to dictate what
is considered "adult material." However, it is not our function
to discriminate against those who choose to utilize adult content or adult
related material. This being said, there are still several reasons why
Verdict Solutions has been forced to create its no adult sites policy
for its virtual server users.
19. Virtual account holders can receive a refund if account is cancelled
within the initial 30 days after sign up. If the account holder cancels
after the time period specified, there will be no refund given. Refunds
are given minus the retail price of our domain names. If free domain names
are given with a package the selling price for the top level domain will
be misused.
20. Verdict Solutions may temporarily deny service or terminate this Agreement
upon the failure of Account Holder to pay charges when they become due.
Such termination or denial will not relieve the Account Holder of responsibility
for the payment of all accrued charges, plus reasonable interest and any
collection fees.
21. If an account holder's account becomes overdue, the account will
be suspended. Interest will accrue on the overdue account at a rate of
5% per month until the outstanding balance is paid in full.
22. If an account holder charges back for services rendered, a £50.00
charge back fee will be added to the amount charged back by the customer.
23. If an account holder's account is overdue for 90 days, the account
will be handed over to an outside collection agency. At that time the
account holder will incur a £50.00 collection fee added to the balance
previously due.
24. All accounts are subject to verification by our Billing Department.
25. Terms of Verification: We must be able to verify your account within
24 hours of signup. Verification for U.K. citizens can be done by phone.
For foreign account holders documentation can be sent via fax or uploaded
through our secure form. If we cannot verify your account within 24 hours,
the account will be suspended until verified.
26. Check/Money Order Payments.
A. New accounts utilizing check/money order payment will not be activated
until payment is received.
B. Returned checks will incur a £50 worthless check fee. Any account
holder who incurs a worthless check fee will be required to pay all future
payments via money order or cashier's check.
C. Customers utilising check/money order payment must have their check
or money order payment to us within 10 days of their rebill date. Failure
to do so will result in account suspension.
D. International customers that wish to utilize the check/money order
payment option must pay via International Money Order and payments must
be received within 10 days of their rebill date. Failure to do so will
result in account suspension.
27. Billing Information: All account billing information including email
and phone, must be valid at all times for the account to remain active.
If the billing information provided is inaccurate, 24-hour notice is given
to update the information before account suspension. If the account holder
is not available by phone (foreign accounts) or no alternate contact email
address is given, account will be suspended immediately.
28. You agree that Verdict Solutions may establish limits concerning use
of any Verdict Solutions service offered on any Verdict Solutions web
site, including without limitation the maximum number of days that e-mail
messages will be retained by any Verdict Solutions service, the maximum
number of e-mail messages that may be sent from or received by an account
on any Verdict Solutions service, the maximum size of an e-mail message
that may be sent from or received by an account on any Verdict Solutions
service, the maximum disk space that will be allotted on Verdict Solutions
's servers on your behalf either cumulatively or for any particular service.
You agree that Verdict Solutions has no responsibility or liability for
the deletion, corruption or failure to store any messages or other content
maintained or transmitted by any Verdict Solutions service. You acknowledge
that the features, parameters (for example, the amount of storage available
to users) or existence of any Verdict Solutions service may change at
any time.
What does Verdict Solutions consider "Adult Material?"
Any site whose revenue is gained in part or whole from its adult content.
Photos or videos showing frontal nudity on either men or women for non-scientific
or non-artistic purposes.
Photos or videos showing graphic violence, death or dismemberment.
Photos or videos showing graphic violence or death.Websites containing
information or affiliation of known or suspected terrorist organisations.
Revenue-generating hyperlinks to sites who violate our policies.
Why does Verdict Solutions have this policy?
Bandwidth and Resources
A virtual server is a shared environment where many servers reside on
each particular machine. This being said, consider that an average "adult
site" gets more hits than 100 standard websites. Some of the smaller
adult sites get around 5 GB of transfer per day. With these types of resources
being utilized, our servers would be severely slowed if we allowed these
high traffic sites to also reside on our servers. On top of that, we would
be forced to raise our prices to pay for the additional bandwidth. We
strive to keep our servers fast and inexpensive, and our bandwidth clear;
therefore, adult sites are not an option.
Verdict Solutions reserves the right to decide what it considers "adult
content", "adult material", "sexually explicit",
or "sexually related". Let us know if you are unsure of the
approval of your site before placing an order.
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