Last Updated: 25th May 2018

 

The AUP sets out the terms between the Customer (“you”, “your”) and Exact Internet Limited (“we”, “our”, “us”) under which you may access our website (http://www.exactinternet.co.uk) (our site) and use our servers. This AUP applies to all users of, and visitors to, our site.

 

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Terms and Conditions and Privacy Policy.

 

http://www.exactinternet.co.uk is a site operated by Exact Internet Limited.  We are incorporated and registered in England and Wales with company number 07874086 whose registered office is at 9a Gamma Terrace, West Road, Ipswich, Suffolk, IP3 9FF.

 

  1. RESOURCE USAGE
    1. Hosting Services comprise the provision of web space on our servers to enable you to upload pages and files for the purpose of publishing websites.
    2. We apply bandwidth limits to all websites hosted on our servers. The total allocation varies depending on your hosting package. We reserve the right to vary this amount from time to time.
  2. SITE CONTENT AND CONTENT STANDARDS
    1. These content standards apply to any and all material which you contribute to our site (Materials), and to any interactive services associated with it. Materials must:
      1. Be accurate (where they state facts).
      2. Be genuinely held (where they state opinions).
      3. Comply with applicable law in the UK and in any country from which they are posted.
    2. You shall be responsible for updating our site/servers with Materials.
    3. You shall ensure that the Materials do not constitute or promote Inappropriate Content, which may infringe any applicable laws, regulations or third party rights. Inappropriate Content includes, but is not limited to, content which is: discriminatory, obscene, indecent, pornographic, erotic, seditious, offensive, defamatory, harassing, violent, threatening, liable to incite racial hatred or acts of terrorism, menacing, blasphemous or in breach of any third party Intellectual Property Rights.
    4. The designation of Inappropriate Content is left entirely to the discretion of Exact Internet Limited. We shall include only these Materials on our servers. You acknowledge that we have no control over any content placed on our servers by visitors and do not purport to monitor the content of our customers’ websites. We reserve the right to remove content from our servers where we reasonably suspect such content is Inappropriate Content. We shall notify you if we become aware of any allegation that content on our servers may be Inappropriate Content.
    5. You shall indemnify us against all damages, losses and expenses arising as a result of any action or claim that the Materials or any other material posted to, or linked to, our site constitutes Inappropriate Content.
  3. PROHIBITED USES
    1. You may use Hosting Services only for lawful purposes. You may not use Hosting Services:
      1. in any way that breaches any applicable local, national or international law or regulation;
      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      3. for the purpose of harming or attempting to harm minors in any way;
      4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with Clause 2 above.
      5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (also known as SPAM);
      6. To transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    2. You also agree:
      1. Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Acceptable Use Policy.
      2. Not to access without authority, interfere with, damage or disrupt:
        1. any part of our site;
        2. any equipment or network on which our site is stored;
        3. any software used in the provision of our site; or
        4. any equipment or network or software owned or used by any third party.
    3. In your use of Hosting Services (other than where you are using your own dedicated server), you may not:
      1. use more than 5% of our server’s processing capacity. There are numerous activities that could cause such problems, including (but not limited to) CGI scripts and intensive FTP, PHP or HTTP operations;
      2. run stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCd;
      3. run any type of web spider or indexer; including (but not limited to) GoogleCash and AdSpy;
      4. run any software that interfaces with an Internet Relay Chat network;
      5. run any bit torrent application, tracker, or client. You may link to legal torrent files off-site, but may not host or store them on our servers;
      6. participate in any file-sharing/peer-to-peer activities;
      7. run any gaming servers;
      8. run cron entries or other scheduled tasks other than by configuring them through our control panel.
      9. give away web space under a domain (including Resellers giving away free websites);
      10. operate a proxy website or service; or
      11. use Hosting Services as a remote file host for other websites.
  4. SUSPENSION AND TERMINATION
    1. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site.  When a breach of this policy has occurred, we may take such action as we deem appropriate.
    2. Failure to comply with this acceptable use policy constitutes a material breach of the Acceptable Use Policy upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
      1. Immediate, temporary or permanent withdrawal of your right to use our servers.
      2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our servers.
      3. Issue of a warning to you.
      4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
      5. Further legal action against you.
      6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
    3. We exclude liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
  5. CHANGES TO THE ACCEPTABLE USE POLICY
    1. We may revise this AUP at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

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