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Terms and Conditions

Terms and Conditions
By signing up/paying for a hosting account you are agreeing to these
terms and conditions.

  1. Introduction

This document (the “Agreement”) sets forth the principles, guidelines and
requirements of the Terms of Service of Austenite Web Hosting, Sole
Trader (the “Company”) governing the use by the customer (“Customer”) of
Company’s services and products (“Services and Products”). These Terms of
Service have been created to promote the integrity, security, reliability and
privacy of Company’s facilities, network, and Customer data contained
within. Austenite Web Hosting believes it provides the best services in the
industry, and provides the following policies in the best interests of Austenite
Web Hosting and Austenite Web Hosting’s clients. Austenite Web Hosting
retains the right to modify these Terms of Service at any time and from time
to time and any such modification shall be automatically effective as to all
customers when adopted by Austenite Web Hosting and published at http://
austenite.io . Austenite Web Hosting shall be the sole and final arbiter as
the interpretation of the following. By utilizing Austenite Web Hosting’s
services and products, the Customer agrees to be bound by the terms herein
outlined. Questions or comments regarding this document should be
forwarded to Austenite Web Hosting at the following address:
[email protected]

  1. Compliance with the Law

Customer shall not post, transmit, re-transmit or store material on or through
any of Services or Products which, in the sole judgment of Austenite Web
Hosting (i) is in violation of any local, state, federal or non-United States law
or regulation, (ii) is threatening, obscene, indecent, defamatory or that
otherwise could adversely affect any individual, group or entity (collectively,
“Persons”) or (iii) violates the rights of any person, including rights protected
by copyright, trade secret, patent or other intellectual property or similar laws
or regulations including, but not limited to, the installation or distribution of
“pirated” or other software products that are not appropriately licensed for
use by Customer. The Customer agrees to indemnify and hold harmless
Austenite Web Hosting from any claims resulting from the use of the services
which damages the Customer or any other party. Customer shall be
responsible for determining what laws or regulations are applicable to its use
of the Services and Products.

  1. Prohibited Uses of Services and Products

In addition to the other requirements of these Terms of Service, Customer
may only use the Services and Products in a manner that, in Austenite Web
Hosting’s sole judgment, is consistent with the purposes of such Services
and Products. If Customer is unsure of whether any contemplated use or
action is permitted, please contact Austenite Web Hosting as provided
above. By way of example, and not limitation, uses described below of the
Services and Products are expressly prohibited.

3.1. General

3.1.1. Pornography and pornographic related merchandising are prohibited
under all Austenite Web Hosting’s services. This includes sites that include
links to pornographic content elsewhere. Further examples of unacceptable
content or links include pirated software, “hacker” programs, uTorrent,
BitTorrent, torrents, Peer-to-Peer software, anonymous/public proxies, proxy
services, archives of “Warez Sites”, game rooms or MUDs, IRC Bots, IRC,
Egg Drop programs, any kind of illegal software or shareware. In addition,
sites offering online gambling, casino functionality, sportsbook betting
(including offshore), and internet lotteries are prohibited. Your hosting
account cannot be used for: Backup storage, Online storage, File sharing
services, Movie storage, Photo storage, Software storage, Copyrighted
content storage, Illegal, Abusive or Offending file storage, Document Archives
or any other type of Archive, File Backups (with the exception of a single
cPanel backup generated from your cPanel), log files, etc. Austenite
reserves the right to remove such files from the user account with or
without notice to the client. Austenite also reserves the right to remove
any single files larger than 1GB from the user account regardless of the
content of the file with or without notice to the client. Austenite also
reserves the right to clean up a user account by removing files which fall
under the criteria of files that may not be hosted on Austenite accounts,
if there are more than 250.000 files on a single account, with or without
notice to the client. Austenite also reserves the right to disable the account
which holds more than 150,000 files until the relevant shared hosting account
is upgraded by the client to a VPS service where such limitation is not applied.

3.1.2. Violations of the rights of any Person protected by copyright, trade
secret, patent or other intellectual property or similar laws or regulations,
including, but not limited to, the installation or distribution of “pirated” or
other software products that are not appropriately licensed for use by
Customer.

3.1.3. Actions that restrict or inhibit any Person, whether a customer of
Company or otherwise, in its use or enjoyment of any of Austenite Web
Hosting’s Services or Products.

3.2. System and Network

3.2.1. Introduction of malicious programs into Austenite Web Hosting’s
network or server (e.g., viruses and worms).

3.2.2. Effecting security breaches or disruptions of Internet communication.
Security breaches include, but are not limited to, accessing data of which
Customer is not an intended recipient or logging into a server or account that
Customer is not expressly authorised to access. For purposes of this Section
3.2.2., “disruption” includes, but is not limited to, port scans, flood pings,
packet spoofing and forged routing information.

3.2.3. Executing any form of network monitoring which will intercept data not
intended for the Customer’s server.

3.2.4. Circumventing user authentication or security of any host, network or
account.

3.2.5. Interfering with or denying service to any user other than Customer’s
host (for example, denial of service attack).

3.2.6. Using any program/script/command, or sending messages of any
kind, designed to interfere with, or to disable, a user’s terminal session, via
any means, locally or via the Internet.
3.2.7. Creating an “active” full time connection on a Company-provided
account by using artificial means involving software, programming or any
other method.

3.2.8. Any attempt to circumvent or alter monitoring, bandwidth tracking or
utilization reporting, or other actions which have the effect of complicating
the normal operational procedures of Austenite Web Hosting, including but
not limited to altering, removing or in any way modifying or tampering with
Company created log files.

3.2.9. Any action which Austenite Web Hosting determines, in its own
judgment, will reflect poorly on Austenite Web Hosting or negatively impact
its operations.

3.2.10. Any action which Austenite Web Hosting deems to be an
unacceptable use of resources, business practice or otherwise unacceptable
to Austenite Web Hosting.

3.3. Billing

3.3.1. Furnishing false or incorrect data on the order form, contract or online
application, including fraudulent use of credit card numbers.

3.3.2. Attempting to circumvent or alter the processes any billing procedures
or procedures to measure time, bandwidth utilisation, or other methods to
document “use” of Austenite Web Hosting’s Services and Products.

3.3.3. All plans operate on a 7 day money back policy.

3.4. Mail

3.4.1. Sending unsolicited commercial email messages (UCE), including the
sending of “junk mail” or other advertising material to individuals who did not
specifically request such material, who were not previous customers of
Customer or with whom Customer does not have an existing business
relationship (“email spam”).

3.4.2. Sending UCE referencing an email address for any domain hosted by
Austenite Web Hosting

3.4.3. Sending UCE referencing a domain hosted by Austenite Web Hosting

3.4.4. Sending UCE referencing an IP address hosted by the Austenite Web
Hosting

3.4.5. Posting advertisements on IRC, ICQ, or any other public chat system
containing an email address hosted by Austenite Web Hosting, a domain
hosted by Austenite Web Hosting, an IP address belonging to Austenite Web
Hosting

3.4.6. Austenite Web Hosting will be the sole arbiter as to what constitutes a
violation of these provisions.

3.4.7. Harassment, whether through language, frequency or size of
messages.

3.4.8. Unauthorized use, or forging, of mail header information.
3.4.9. Solicitations of mail for any other E-mail address other than that of the
poster’s account or service with the intent to harass or to collect replies.

3.4.10. Creating or forwarding “chain letters” or other “pyramid schemes” of
any type.

3.4.11. Use of unsolicited email originating from within Austenite Web
Hosting’s network or networks of other Internet Service Providers on behalf
of, or to advertise, any service hosted by Austenite Web Hosting, or
connected via the Austenite Web Hosting network.

3.4.12. Activities deemed to be unsolicited marketing efforts or otherwise
harassing in any way.

3.5. Customer Support

3.5.1. Austenite Web Hosting promotes a mutually-professional relationship
with its customers. Abusive, threatening, obscene or otherwise harassing
communications with agents of Austenite Web Hosting, via telephone, email,
online chat or other means will result in immediate account termination not
withstanding any other terms of this agreement. Violation of this or any
section of this Agreement will result in refund ineligibility.

  1. Indemnification of Provider/Relationship of Parties

4.1. Customer agrees to indemnify and hold Austenite Web Hosting harmless
from any lawsuit, claim, charge, or expense, including reasonable attorney
fees and costs of defense, for any matter arising from or relating to
Customer’s Website provided hereunder.

4.2. Nothing contained herein shall be deemed to create a relationship
between Austenite Web Hosting and the Customer in the nature of a
partnership, joint venture, editorbrublisher or otherwise. Both parties
acknowledge and agree that Austenite Web Hosting has no interaction with
the data or substance of Customer’s Website, except as necessary to
maintain the Website.

  1. Security/Software

5.1. Customer agrees to take all steps reasonable, necessary, and prudent to
protect Customer’s login ID and password.

5.2. Customer agrees not to attempt to undermine or cause harm to any
server, software, system or customer of Austenite Web Hosting.

5.3. Customer agrees to maintain Customers’ computing equipment
responsibly, including running virus software.

5.4. Uploading a virus to a Austenite Web Hosting server will result in
account termination, service charges and/or prosecution.
5.5. Customer acknowledges that Austenite Web Hosting cannot provide
technical support for any software and/or script that the Customer installs,
other than variable name changes. Customer also acknowledges that the
Austenite Web Hosting does not supply technical support for Microsoft
FrontPage, other than initial configuration. Austenite Web Hosting supplies
technical support for Web hosting issues only. Austenite Web Hosting shall
be the sole arbiter as to what constitutes a “Web host” issue.

  1. LIMITATION AND EXCLUSION OF LIABILITY

6.1. Limitations

IN NO EVENT SHALL, AUSTENITE WEB HOSTING HAVE ANY LIABILITY
WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION,
THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO AUSTENITE WEB HOSTING,
DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE
SERVICES. AUSTENITE WEB HOSTING, SHALL HAVE NO LIABILITY UNDER
THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY,
SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF AUSTENITE WEB HOSTING
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, THE LIABILITY OF AUSTENITE WEB HOSTING, TO YOU FOR
ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO
THE AMOUNT ACTUALLY PAID TO AUSTENITE WEB HOSTING, BY YOU UNDER
THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY
PRECEDING THE DATE ON WHICH SUCH CLAIM ACCURED. THIS
LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE,
INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH
OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS,
AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY AUSTENITE WEB HOSTING,
UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO
BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU
HEREBY RELEASE AUSTENITE WEB HOSTING FROM ANY AND ALL
OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION
STATED IN THIS SECTION

6.1. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT
PERMITTED BY LAW.

6.2. Interruption of Service

temporary delay, outages or interruptions of the Services. Further, Austenite
Web Hosting shall not be liable for any delay or failure to perform its
obligations under this Agreement, where such delay or failure results from
any act of God or other cause beyond its reasonable control (including,
without limitation, any mechanical, electronic, communications or third-party
supplier failure).
6.3. Maintenance
You hereby acknowledge and agree that Austenite Web Hosting,
reserves the right to temporarily suspend services for the
purposes of maintaining, repairing, or upgrading its systems and network.
austenite.io will use best efforts to notify you of
pending maintenance however at no time is under any obligation to inform
you of such maintenance.

6.4. Backups and Data Loss

Your use of austenite.io, servers and services is at your sole risk.
austenite.io is not responsible for files and/or data
residing on your server space. While complimentary backups may be
provided by Austenite Web Hosting, You, the Customer agree to take full
responsibility for files and data transferred to/from and maintained on your
server space and agree that it is your own (the Customer’s) responsiblity to
take backups of data residing on your shared hosting server space.

  1. Violation

Any attempt to undermine or cause harm to Austenite Web Hosting server or
another customer’s Web presence is strictly prohibited. Any violation of the
above Terms of Service will result in grounds for account termination, with no
refunds given; Austenite Web Hosting reserves the right to remove any
account without prior notice. Violation of these Terms of Service may result
in legal action, service charges or a combination thereof.

  1. Confidentiality

Customer acknowledges that by reason of their relationship, both the
Customer and Austenite Web Hosting may have access to certain products,
information and materials relating to the other party’s business, which may
include business plans, customers, software technology, and marketing
plans that are confidential and of substantial value to either party,
respectively, and which value would be impaired if such information were
disclosed to third parties. Consequently, both Austenite Web Hosting and the
Customer agree that it will not use in any way for its own account or for the
account of any third party, nor disclose to any third part, any such
information revealed to it by either party, as the case may be.

The Customer and Austenite Web Hosting further agrees that each will take
every appropriate precaution to protect the confidentiality of such
information. In the vent of termination of this agreement, there shall be no
use or disclosure by either party of any such confidential information in its
possession, and all confidential documents shall be returned to the rightful
owner, or destroyed. The provisions of this section shall survive the
termination of the agreement for any reason. Upon any breach or threatened
breach of this section, either party shall be entitled to injunctive relief, which
relief will not be contested by the Customer or Austenite Web Hosting.

  1. Refusal of Service

9.1. Austenite Web Hosting reserves the right to refuse or cancel service in
its sole discretion with no refunds.

9.2. If any of these Terms of Service are failed to be followed it will result in
grounds for immediate account deactivation.

  1. Austenite Web Hosting offers a 7 day moneyback guarantee for all
    web hosting packages. All refund requests must be submitted by ticket
    within the Austenite Web Hosting Billing portal found at https://austenite.io/myaustenite.
    Opening a PayPal dispute to obtain a refund will result in immediate cancellation of all services.

10.1 Austenite Web Hosting will attempt to send customers invoices
at least 7 days before an invoice is due. Austenite Web Hosing reserves the
right to cancel and/or terminate any services that are overdue. Whilst
Austenite Web Hosting will endeavour to provide customers with payment
reminders, this is not an obligation. Customers are expected to manage
their accounts and pay invoices in a timely manner.

  1. Disclaimer

11.1. USE OF Austenite Web Hosting SERVICES AND PRODUCTS IS AT
CUSTOMER’S SOLE RISK. NEITHER Austenite Web Hosting NOR ITS
EMPLOYEES, AGENTS, RESELLERS THIRD PARTY INFORMATION
PROVIDERS, MERCHANTS LICENSERS OR THE LIKE, MAKE ANY
WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT
Austenite Web Hosting SERVICES AND PRODUCTS WILL NOT BE
INTERRUPTED OR BE ERROR FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE
USE OF Austenite Web Hosting SERVICES AND PRODUCTS OR AS TO THE
ACCURACY, OR RELIABILITY OF ANY INFORMATION SERVICE OR
MERCHANDISE CONTAINED OR PROVIDED THROUGH Austenite Web
Hosting SERVICE, UNLESS OTHERWISE EXPRESSLY STATED IN THIS
AGREEMENT. THIS INCLUDES LOSS OF DATA, WHETHER RESULTING
FROM DELAYS, ON DELIVERIES, WRONG DELIVERY, AND ANY AND ALL
SERVICE INTERRUPTIONS CAUSED BY THE Austenite Web Hosting AND
ITS EMPLOYEES OR OTHER CAUSES.

11.2. THE SOLE CUMULATIVE LIABILITY OF Austenite Web Hosting FOR
ALL CLAIMS MADE BY THE CUSTOMER, OR ANY OTHER PARTY,
REGARDLESS OF FORM, INCLUDING ANY CAUSE OF ACTION BASED ON
CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL
AMOUNT OF ALL FEES AND CHARGES PAID TO Austenite Web Hosting BY
THE CUSTOMER.

11.3 Austenite Web Hosting utilises FraudLabsPro and/or FraudRecord to screen
new orders for previous fraudulent activity and report existing clients who violate
our Terms of Service. In case of a violation, you may be reported to FraudLabsPro
and/or FraudRecord for misbehaviour using one-way hashed information.

11.4. Austenite Web Hosting reserves the right to revise or change these
Terms of Service at any time.

Austenite Web Hosting
67 Wessex House
375 Old Kent Road
London
SE1 5JQ

Last updated on 20th February 2017.

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