Terms of Service

last updated 8th May 2008

Content, data or any material and/or Activity

1. All products and/or services offered by Everyman Hosting Services are provided for lawful use only. The storage, transmission or distribution of content, data or any material that violates any statute is strictly forbidden. This includes, but is not limited to, material that is protected by copyright, patent, trade mark or which we judge to be threatening, obscene or defamatory. The subscriber agrees to indemnify and hold harmless Everyman Hosting Services for any claim that results from the use of our products and/or services which damages the subscriber or any third party whatsoever whether directly or indirectly.

2. Pornographic and/or obscene content, data or any material is prohibited and this includes links or direction to other sites and /or material that holds or distributes this kind of content. Everyman Hosting Services reserves the right to judge any such material as a contravention of this condition.

3a. Also prohibited is any content, data or material which promotes illegal activity of any nature, this includes, but is not limited to terrorism and/or hacking and/or phishing or any other such data which may harm our servers or that of any other web server or be in breach of any law or copyright. Also included, but limited to, are illegal MP3 files, pirated software, music and/or any other data and/or links to any such content, data, material and/or sites containing such content, data or material.

3b. Also prohibited are any proxy, IRC or online gaming services.

3c. Also prohobited is any kind of free hosting, email or any other associated service with any client/subscribers service with Everyman Hosting - you may not offer any part of our service free to any other party.

4. It is the policy of Everyman Hosting Services to fully cooperate with any law enforcement agency to provide any data concerning any contravention of any local laws concerning the use, transmission and/or distribution of any such content, data or material. Everyman Hosting Services also reserves the right to contact any Law Enforcement agency with regard to suspected illegal activity by any subscriber.

5. Spamming or the distribution of unsolicited material from any server or email set up with Everyman Hosting is strictly forbidden. Everyman Hosting Services reserves the right to judge any such material as a contravention of this condition.

6. Any attempt, wilful or otherwise, to cause harm or undermine our server(s) or any of our subscribers is strictly prohibited.

7. Subscribers or clients may not resell our services or any part thereof with the only exception of reseller account holders. Everyman hosting cannot provide support services to resellers' clients and resellers are entirely responsible for ensuring that their clients adhere to our terms of service as detailed herein since these terms also apply to any resellers' client accounts.

8. Subscribers or clients may not offer or take over or supply any form of domain or hosting service to any existing client or subscriber of Everyman Hosting or any client or subscriber who has been a client of Everyman Hosting within the preceding 12 months.

9. Everyman Hosting Services reserves the sole discretion to remove from service any product or service which we deem to violate any of these terms.

Bandwidth (traffic) and Web Space Allocations

1. Everyman Hosting Services monitors bandwidth and web space usage (disk space usage) of each account and each account has a predetermined amount of bandwidth and web space allowance each month. If either web space or bandwidth allocation is exceeded, the account concerned will be suspended, if bandwidth only is exceeded the account will be suspended until the end of that month. Notwithstanding this, it is our policy to notify account holders who are nearing their allocation limits of the need to increase their plan quotas accordingly, thereby giving them the opportunity to choose an alternative plan which will accommodate their increase in allocation requirement or to make adjustment to their existing usage to prevent any necessary change prior to any inadvertent exceeding of their existing allocation.

Billing

1. Subscribers will be billed up to 21 days prior to the due date of any payment to be made for an account. Any payment which is not received on the due date will result in suspension of any service, and any payment which remains unpaid for 28 days after its due date will result in permanent removal of service for that account when all files relevant to the account will be deleted and the billing account cancelled and this may be done without further notice to the client or subscriber. Any account cancelled in this manner can be restarted, but any discount which was applied prior to this cancellation will be null and void, and the subscriber or client will be liable at the prevailing rates at the time of restarting the account.

2. Payments can be made through Paypal, cheque (drawn on a British Bank Account) or sterling Postal Order from a British Postal Office. All payments are to be made in British Pounds Sterling. Everyman Hosting Services reserves the right to charge the subscriber for any charge we suffer in receiving their payment, and such right is used at our sole discretion.

Domain Ownership

1. Everyman Hosting Services retains the right to take or retain ownership of any domain that they have registered on behalf of any client for which full payment at the billed or stated amount has not been paid to Everyman Hosting when it is due, this may also be applied to any domain that has been automatically renewed on behalf of the client. Such ownership is limited to the period of registration that has not been paid for by the client.

2. Payments made for domain registration are not refundable - clients are strongly urged to ensure that they have spelt and submitted the domain name that they require registered correctly during the order process.

3. Domain names purchased by clients are in their ownership when the client has paid for the domain registration for which Everyman Hosting will bill them for. Ownership continues for the period of the registration paid for and the clients retains the right to have the domain renewed by Everyman Hosting at any time during their ownership of the domain.

4. Clients may only purchase domain names from Everyman Hosting that are available for registration and Everyman Hosting bears no responsibility for any inaccuracies in any whois lookup no matter who owns or operates the whois lookup service. Clients are urged to ensure that any domain that they wish to purchase is truly available.

5. Where domain ownership has occurred as part of a package, deal or offer by Everyman Hosting, any refund of payment for such a package shall be made less the value of the domain registration at the present rate specified in the EverymanHosting.com web site (see article 2. above).

Refusal of Service

1. Everyman Hosting Services reserves the right to cancel, deny or refuse service for any such reason we see fit, and Everyman Hosting Services shall not be held liable for any damages and/or claim by the subscriber or any other party in respect of any such cancellation, denial or refusal of service.

Limitation of Liability & Disclaimer

1. Everyman Hosting Services shall not be responsible or liable for any claim for loss or damages, incidental and/or consequential, arising as a consequence of a failure in any product or service howsoever caused, or corruption of any content, data or material for whatever reason, or from any party which may be directly or indirectly affected.

Any considered violation of any of these terms, whether existing or potential may be reported to admin@everymanhosting.com, and any such notification shall be dealt with as promptly as possible given that further investigation may be required by Everyman Hosting Services.

NOTICE - these terms may be updated at any time

Everyman Hosting Services reserves the right to change or add to these terms, any product and/or service and/or any prices at any time without notification, however, there shall be no change to pricing during any existing contract/subscription during that subscription and so long as any such subscription is fully paid prior to its due date. Notwithstanding that, we aim to notify all clients of any change to these terms by posting a Notice of Updated Terms of Service in the Announcements section of our forum accessible from the following web address - http://www.everymanhosting.com/forum/

Your Acceptance of these Terms

1. By becoming a subscriber and/or account holder with Everyman Hosting Services you agree to accept and adhere to these, and any update to these, terms in their entirety. When applying to be a subscriber or for an account you are required to accept these terms and your acceptance shall be stored for future reference as may be necessary.