Hosting - Terms and Conditions

Please note:
Within this document, IVARCH.COM refers to Andrew Wood, the current leaseholder of the server on which all hosting accounts will be held.

CONTENT AND CUSTOMER'S RESPONSIBILITY

IVARCH.COM will exercise no control whatsoever over, nor have any responsibility or liability whatsoever for, the content of the information held on or passed via its servers. IVARCH.COM shall make no effort to validate any information passing through its servers for content, correctness, usability or for any other reason.

LIMITED LIABILITY

Under no circumstances, including negligence, shall IVARCH.COM, its officers, agents or anyone else involved in creating, producing or distributing the Service hereunder be liable to Customer or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages, that result or have alleged to have resulted from the use of or inability to use the Service; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to IVARCH.COM's records, programs or services. IVARCH.COM further shall have no responsibility whatsoever to Customer or any third party for the accuracy or quality of information obtained through or in connection with its Services provided hereunder. Notwithstanding the above, Customer's exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the aggregate amount which Customer paid during the twelve (12) months immediately preceding the claim or the term of this Agreement, whichever is less.

INDEMNIFICATION

Customer shall defend, indemnify, save and hold IVARCH.COM harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys' fees, compensatory damages, punitive damages, trebled damages, and statutory damages (hereinafter "Liabilities") asserted against IVARCH.COM, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed by Customer, its agents, employees or assigns or any product distributed, offered or sold by Customer, its agents, employees or assigns.

USAGE POLICY

The IVARCH.COM Usage Policy has been developed with the following objectives:

We expect our Customers to use the Internet with courtesy and responsibility and to be familiar with and to practice good Internet etiquette. By adhering to the following policies, our Customers are protecting the rights and privileges of all Internet users.

VIOLATION OF ANY OF THE FOLLOWING POLICIES IS STRICTLY PROHIBITED AND WILL RESULT IN IMMEDIATE TERMINATION OF ALL ACCOUNTS.

General Conduct

  1. Customers are prohibited from transmitting on or through any of IVARCH.COM's services, any material that is, in IVARCH.COM's sole discretion, unlawful, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, statute or regulation.
  2. IVARCH.COM's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of UK regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. IVARCH.COM reserves the right to remove such illegal material from its servers.
  3. Customers may not engage in tortious conduct including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or making physical threats against another person via email, news, or any other electronic media/service we provide.
  4. The Customer is responsible for providing and maintaining accurate and up-to-date billing information. Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

System and Network Usage

Security

  1. Customers may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). 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, or probing the security of other networks.
  2. Customers may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
  3. Customers may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
  4. Customers must safeguard their account passwords to prevent unauthorized access to their account.
  5. Users who violate systems or network security may incur criminal or civil liability. IVARCH.COM will cooperate 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.

Email

  1. Harassment, whether through language, frequency, or size of messages, is prohibited.
  2. Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the Customer must not send that person any further email.
  3. Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
  4. Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
  5. Malicious email, including but not limited to "mailbombing" (flooding a user or site with very large or numerous pieces of email) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited.
  6. Forging of header or any other information is not permitted.
  7. Subscribing someone else to a mail list or removing someone else from a mail list without that person's permission is prohibited.
  8. IVARCH.COM accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider.

These rules apply to other types of Internet-based distribution mediums as well. USENET postings have their own regulations; see below.

USENET (News)

  1. IVARCH.COM is not responsible for the content of any USENET posting, whether or not the posting was made by a IVARCH.COM Customer.
  2. Postings to USENET newsgroups must comply with the written charters or FAQs for those newsgroups. Advertisements should only be posted in those newsgroups whose charters/FAQs explicitly permit them. The poster is responsible for determining the etiquette of a given newsgroup, prior to posting to it.
  3. Customers are prohibited from posting the same or similar message to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as "USENET spam").
  4. Customers are prohibited from posting binary files to newsgroups not specifically named for that purpose.
  5. Customers are prohibited from cancelling or superseding posts other than their own, with the exception of official newsgroup moderators performing their duties.
  6. Customers are prohibited from forging header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.
  7. A customer may not solicit mail for any other address, other than that of the Customer's IVARCH.COM account or service, with the intent to harass or collect replies after IVARCH.COM's service has been terminated.

IRC (Internet Relay Chat)

  1. IVARCH.COM is not liable for the content of any communications made on IRC.
  2. IRC robots ("bots" or "clones") or IRC sessions may not be run from IVARCH.COM's server accounts.
  3. Customers may not attempt to impersonate others or use IRC anonymously by disguising their hostname or username.
  4. Customers are prohibited from using IRC scripts or programs that interfere with or deny service to other users on any server or host. Customers are also prohibited from engaging in activities which harass other users. This includes, but is not limited to, "flooding" (rapidly entering text with the intent to fill the screens of others), "flashing" (disrupting terminal emulation), "takeovers" (forcibly seizing operator privileges), attempting to send private messages to those who do not wish to see them (via "ignore"), attempting to return to a channel after being banned from it, and other disruptive behaviors.

General Uses

  1. Customers may not permit the use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for the Customer's own account.
  2. Customers may not employ posts or programs that consume excessive CPU time or storage space. IVARCH.COM reserves the right to kill off CPU intensive processes.

Material and Product Requirements

  1. Customers must ensure that all material and data placed on IVARCH.COM's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation on IVARCH.COM's part. We shall make no effort to validate this information for content, correctness or usability. In the event that the Customer's material is not "server-ready", we have the option at any time to reject this material. IVARCH.COM will notify the Customer immediately of its refusal of the material and afford the Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of IVARCH.COM.
  2. Use of IVARCH.COM's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the Customer's Web space. Customers must have the necessary knowledge to create and maintain a Web space. It is not the responsibility of IVARCH.COM to provide this knowledge or customer support outside of the service defined in the Service Agreement.

Privacy

  1. IVARCH.COM will not sell or knowingly disclose its customer lists or customer email or listserv address lists. We will attempt to protect the privacy of our Customers and any of their information stored on our servers. IVARCH.COM will only access and disclose information as necessary to comply with applicable laws and government requests, to operate and maintain our systems and services, or to protect ourselves or our Customers.
  2. IVARCH.COM will not monitor or disclose a Customer's private email messages unless required by court order or law. We will cooperate with the authorities and will notify such authorities if we suspect that a Customer is engaged in illegal activities.

THE USAGE POLICY DEFINES THE ACTIONS WHICH IVARCH.COM CONSIDERS TO BE ABUSIVE, AND THUS, STRICTLY PROHIBITED. THE EXAMPLES SET FORTH IN THIS POLICY ARE NON-EXCLUSIVE, AND ARE PROVIDED SOLELY FOR GUIDANCE TO IVARCH.COM CUSTOMERS.