Any materials encouraging violence, hatred, revenge, racism, victimization, or criminal activity.
hiSite reserves the right to deactivate and remove any web site from its servers which contains material that at hiSite sole discretion is deemed to be unacceptable, undesirable or may damage the reputation of hiSite.
SYSTEM RESOURCE USAGE:
If hiSite discovers that a customers web site or scripts are using an unacceptable amount of servers resources including but not limited to cpu and memory usage we may suspend or terminate the customers account without notice. Our normal practice is to only suspend/terminate accounts without notice if the web site in question is likely to jeopardise the smoothing running of hiSite servers, normally hiSite will email the customer asking them to reduce the resources they are using.
Message boards and Chat Rooms. Chat Rooms are not allowed on the server. Certain boards are not allowed either. Use of a php or mysql data driven board is recommended and allowed on hiSite servers, but customers should be aware that if the boards become popular they are likely to use an unacceptable amount of system resources.
Spamming (the sending of unsolicited e-mail) from hiSite servers is strictly forbidden. hiSite will decide on a case by case basis what constitutes to be spamming. The use of our servers to provide a free e-mail service is strictly forbidden.
Attempting to cause harm to a hiSite server, or any other server on the internet using an account on hiSite will result in immediate removal of that account.
hiSite will decide on a case by case basis if a refund (subject to any expenses incurred) is to be given on violation of these terms and conditions.
DOMAIN NAME REGISTRATION
hiSite make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
hiSite shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
hiSite shall not release any domain to another provider unless full payment for that domain has been received by hiSite.
WARRENTY/LIMITATION OF LIABILITY:
Customer hereby agrees that hiSite makes no warranties, express or implied and Customer hereby waives any claim based upon any breach thereof. Customer further agrees that hiSite shall not be liable for any consequential, indirect or punitive damages arising out of any breach, delay or default in performance of this Agreement, and in any event, the amount of damages due from hiSite to Customer shall never exceed, and shall be limited to, a credit allowance of all payments made to date of claim, but not to exceed one (1) months' service fee at current rates. hiSite's liability arising out of mistakes, accidents, omissions, interruptions, delays, or defect in transmission, including those which may be caused by regulatory or judicial authorities, shall in no event exceed the amount of the credit allowance, if any, available under this Section. Without limiting the foregoing, hiSite shall have no obligation to provide alternative routing with respect to any Service provided pursuant to this Agreement. IN NO EVENT SHALL HISITE BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, FOR ANY DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, OR FOR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECT IN TRANSMISSION, OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE OBLIGATIONS OF HISITE PURSUANT TO THIS AGREEMENT. HISITE MAKES NO WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE FOR THE SERVICE OR LOCAL ACCESS, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY HISITE ARE HEREBY EXCLUDED AND DISCLAIMED.
INDEMNITY BY CUSTOMER:
CUSTOMER AGREES TO RELEASE, HOLD HARMLESS, DEFEND AND INDEMNFIY HISITE, ITS SUBSIDIARIES, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, OR ANY OTHER LIABILITY ARISING FROM CUSTOMER'S USE OF HISITE SERVICES AND FACILITIES PROVIDED TO CUSTOMER UNDER THIS AGREEMENT, EVEN IF HISITE HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, INCLUDING PAYMENT OF HISITE REASONABLE ATTORNEY'S FEES.
CHANGES TO POLICIES AND TERMS:
hiSite reserver the right to Change the Terms & Conditions and Acceptable Use Policy without prior notice. Clients will be informed of any changes as and when they occur.
This agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.