GDM Hosting Terms and Conditions for Web Hosting Account(s) and Domain Names
These terms and conditions apply to the purchase of web hosting account(s) and domain names from GDM Hosting.
Upon purchasing web hosting services from GDM Hosting, all customers agree to the web hosting terms and conditions laid within. These terms and conditions were created to ensure customers are using their web hosting account(s) with due regard to the rights of other Internet users, operating within the law(s) and to maintain server stability and availability for other customers and Internet users. GDM Hosting reserves the right to add, delete, or modify any part of its web hosting terms and conditions at any time without notice.
The failure by a customer to meet or follow any of the web hosting terms and conditions is grounds for account termination. GDM Hosting will be the sole arbiter as to what constitutes a violation of the web hosting terms and conditions.
GDM Hosting can remove a web hosting account(s) without prior notice. When GDM Hosting becomes aware of an alleged violation of its web hosting terms and conditions, GDM Hosting will start an investigation, during the investigation, access to web hosting account(s) may be restricted to prevent further potentially unauthorised activity.
Here laid within is a brief overview of the acceptable use of GDM Hosting web hosting account(s) but is not limited too.
Due to the special software, hardware and network requirements of adult-oriented sites, pornography and sex related merchandising are prohibited. This includes sites that may infer sexual content or provide links to adult content elsewhere.
The use of web hosting account(s) to promote or excite illegal activity or content that may be damaging to our servers or any other any server on the Internet, or provide links to such sites.
- Illegal material, such as commercial audio, video or music files or any other copyrighted works, for which the account holder does not have the permission of the copyright holder, or any other material in violation of UK Law
- Adult material, such as pornography, erotic images or otherwise lewd or obscene content
- Racist, defamatory, obscene, indecent or other unlawful material
- ‘Warez’, such as pirated software, ROMS, emulators, instructions or software for phreaking, hacking, password cracking or IP spoofing etc
- Sites engaging in or promoting pyramid sales, Multi Level Marketing or similar activities
- Engaging in illegal activities.
Account holders will not post (nor allow to be posted) web or WAP pages containing such material or links to such material, nor shall they store such material in their server space, nor shall they transmit such material by email or any other means.
GDM Hosting reserves the right to determine whether any material or use is prohibited.
GDM Hosting reserves the right to remove any such material without warning and suspend or terminate accounts without refund or notice.
The Digital Millennium Copyright Act (“DMCA”) sets forth the requirements for valid copyright infringement notification. If you would like to notify GDM Hosting of an infringement of your copyright, the DMCA requires that you:
- Send your notification to GDM Hosting designated agent. You may choose any of the following two avenues for this notification:
- Include in your notification the following information:
a. A physical or electronic signature of the copyright owner or a person authorised to act on the copyright owner’s behalf (the “Claimant”)
b. Identification of the copyrighted work(s) claimed to have been infringed
c. Identification of the material claimed to infringe the copyright(s), and enough information for GDM Hosting to locate it
d. The Claimant’s name, address, and telephone number(s)
e. A statement that the Claimant has a good faith belief that use of the disputed material is not authorised by the copyright owner or his agent
f. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorised to act on behalf of the copyright owner
UCE (Unsolicited Commerce Email) – SPAM
Spamming, the sending of unsolicited mass email from or through GDM Hosting servers or using an email address that is maintained on an a GDM Hosting machine is strictly prohibited. This also includes spamming using the service of another ISP, but reference in the spam a website hosted on an GDM Hosting server. Violations of this rule will be suspended and will face a minimum fine of £2500.00. GDM Hosting will enable precautions to monitor security and UCE on servers within European and United States Guidelines.
Server and System Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to, unauthorised access to or use of data, any attempt to probe, scan, or test the vulnerability of a system or networks to breach security or authentication measures, interference with service to any user, this includes, mail bombing, flooding, deliberate attempts to overload a system.
Background Running Programs, Scheduled Tasks and Cron Jobs
GDM Hosting may allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed.
CGI script sharing with domains not hosted by GDM Hosting is not permitted. Any CGI scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
GDM Hosting does not allow customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option.
GDM Hosting do not allow IRC or IRC bots to be operated on our servers.
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service. GDM Hosting shall be the sole arbiter of what is considered to be a high server usage level. Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Customers exceeding their agreed monthly bandwidth allocation (Calculation in Mb), will be subject to an overage charge. Customers will be given the opportunity to upgrade their web hosting account package to facilitate the higher bandwidth usage. Customers will be informed by E-mail when they have reached 80% of their monthly allotment. GDM Hosting will contact the customer by phone immediately if their hosting account(s) have been suspended due to exceeding their bandwidth allocation.
If a loss of data stored on a GDM Hosting server occurs whilst using GDM Hosting and is deemed that a loss of data is the fault of GDM Hosting. GDM Hosting will provide cost free backup and data recovery for lost data up until the last differential available. GDM Hosting shall be the sole arbiter of the cause of the data loss. If the cause of the data loss is the fault of the Customer, there will be a fee of £95.00 (GBP) for any data recovered.
The renewal date for accounts will be one calendar year from the date of purchase or the date of previous renewal. Payment must be received prior to renewal date. Failure to get payment to GDM Hosting before the expiry date will result in account termination. Your hosting account will be terminated the day after expiry unless payment is received before or a pre arranged agreement is made to GDM Hosting. Failure to pay any invoices issued by GDM Hosting will result in suspension of services linked to the client.
Transfer of Services
If you wish to transfer your domain name(s) away from GDM Hosting there is a transfer fee of £50.00 (fifty) payable before the transfer is allowed. Also any outstanding hosting fees must be paid for in full before the domain name(s) will be released.
Payment for Web Hosting Accounts
All web hosting accounts are sold on a one year prepay basis. The full payment for a full year’s service is required at the time of placing your order.
Payment is chargeable by invoice, with the payment requested within 14 days of the renewal date on the invoice, unless a pre-agreed date has been given.
The renewal date for accounts will be one calendar year from the date of purchase or the date of previous renewal. Account renewal reminders (an invoice)will be sent by mail about one calendar month in advance of renewal date. Payment must be received prior to renewal date.
Failure to pay within these time limits will cause suspension of the account or additional facilities until payment is received.
Payments must be made in UK Sterling.
Upgrading Web Hosting Accounts
At any time, account holders may upgrade their web hosting accounts by purchasing additional facilities. Account holders can choose to have the upgrade take effect immediately or to have it take effect from the renewal date. If from the renewal date, then the renewal invoice will be adjusted to include the upgraded features. If immediate, then the account holder will be invoiced for the upgrades as for a new account, and payment will be due immediately.
Upgrades made part way through the term of the hosting account will be charged at the full rate as if they were ordered as part of the original hosting account. An upgrade made part way through the term of a hosting account will be valid only until the renewal of the hosting account.
Data Transfer (Bandwidth) and System Resources
All web hosting accounts should remain within the agreed data transfer (bandwidth) allowance for the account. GDM Hosting accept that there are times when sites may unexpectedly exceed data transfer allowance for short period of time. GDM Hosting will not impose any penalty for such breaches of data transfer allowance providing that these breaches are small, are not frequent, and are not sustained. GDM Hosting reserve the right to determine what constitutes small, sustained or frequent breaches of data transfer allowance.
Many domains have to share the various resources (processors, memory, etc) available on the servers. GDM Hosting believe that no single domain should use excessive amounts of resources, as this may jeopardise server performance for the other domains.
In the event that an account is deemed to be using excessive data transfer (bandwidth) or resources, GDM Hosting may suggest action to reduce bandwidth or resource use, or suggest moving the website to its own dedicated server.
Account holders may also be subject to additional costs due to excessive data transfer or resource use. These costs will be agreed between GDM Hosting and the account holder.
Cancellation, Termination and Refunds of Web Hosting Accounts
All web hosting accounts are for a period of one calendar year from the date of ordering or renewal. Fees are charged on an annual pre-pay basis and are non-refundable.
If you do not wish to renew your Hosting account, or renew any domain names, notification must be received by GDM Hosting AT LEAST 30 days before the renewal date. The renewal dates are on your latest invoice. If you have lost your latest invoice please get in touch with GDM Hosting by email and we will resend you a copy. If you wish to cancel your account, or domain name, AFTER your renewal date(s), the due fees are still applicable, as the services are to be paid for in advance and not in arrears. No refund will be given where customers terminate or cease to use their account prior to the end of the term of the hosting account.
In the event that GDM Hosting finds an account is in breach of the prohibited uses, then that account may be terminated without notice. No refund for the remainder of the year will be given.
In the event that an account exceeds data transfer or resource allowances and an agreement cannot be reached between GDM Hosting and the account holder, then GDM Hosting may terminate the account. In this case, GDM Hosting may provide a refund for the remaining unused part of the year, subject to an administration fee of £15.00.
In the event that GDM Hosting is to refund full or partial payments, refunds will be refunded by cheque. All refunds will be made within 30 days of agreement to make a refund.
UK Customers Only : Under the terms of The Consumer Protection (Distance Selling) Regulations 2000, consumers have a “cooling off” period of 7 working days from the date that the order is placed in which they may cancel orders placed by distance contract. However, this right to cancel does not apply where service provision begins before the end of the cooling off period. All web hosting accounts provided by GDM Hosting begin the same day that the order is placed, normally within 2 hours of ordering. Therefore, the consumer’s right to cancel and receive a full refund will not apply once service provision has begun. Commencement of service will normally be the time at which your account activation notice is sent.
The Consumer Protection (Distance Selling) Regulations 2000 do not apply to business-to-business transactions, nor to transactions with businesses or consumers outside the UK.
GDM Hosting will not be responsible for any loss or damage your business may suffer. GDM Hosting make no warranties, expressed or implied, for any services we offer.
Customers shall indemnify and hold harmless GDM Hosting from any and all demands, liabilities, losses, costs, and claims, including all legal fees, asserted against GDM Hosting and it’s agents, customers, officers and employees, that may arise from any service provided or performed or agreed to be performed, or for any product sold by GDM Hosting, it’s agents, customers, officers or employees.
GDM Hosting will not be responsible for any loss or damage caused by infringement of copyright or proprietary rights, supply of defective goods or services, any loss or damage (personal or business), caused by customers of GDM Hosting.
Changes and Amendments
GDM Hosting reserve the right to amend and/or change these Terms and Conditions without notice.