1 - Definitions
Unless otherwise stated, the following definitions apply to this document:
- "we," "us" and "our" are references to Nevermind Hosting;
- "you," "your" and "client" are references to the person paying for services from Nevermind Hosting having entered into this agreement.
- "services" are web hosting, domain name registration, reseller rights, outsourced support, email and other services or facilities provided by us to you;
- "web server" is the computer equipment operated by us in connection to the services provided
- "order" means a request made by the client to us for services to be supplied subject to these terms and conditions;
2 - Unacceptable Use
Activates that are not condoned/allowed on our servers include but are not limited to:
2.1 - File Hosting
Our hosting packages are not to be used for storing files online unless related to the website in question, nore do we allow the storage of files that are to be used on another website. Infringement of this could result in a fine and/or the cancellation of your account.
2.2 - File Size
To keep our server running fast and reliably, we limit the maximum size for each file to 1.5Mb, including but not limited to .mov, .avi, .mp3, .wav, .rm, .ram, .wmp, .jpg. Should we find a file of larger size being shared over the internet or stored on a web server, action will be taken which could result in a fine, and/or the cancellation of your account.
2.3 - Containing Information
Any websites hosting by Nevermind Hosting are not to contain but not limited to any of the following topics.
- nudity, pornography, anything of a sexual, lewd, or obscene nature;
- violations of any copyright or any other right of any third party;
- threatening, abusive, harassing, defamatory statements;
- promotion of illegal activities (hacking, cracking, etc);
- information or software containing or about any kind of virus;
- hate speech or hate propaganda;
- the collection of personal information for illegal purposes;
- content deemed by us at our sole discretion to be harmful to us;
2.4 - Spamming
Our hosting packages/service are not to be used under any circumstances for spamming, whether this be including but not limiting to, Web scripts, email accounts. Any users who are found to have used our services for spamming will have their account cancelled with no refund for unused hosting.
2.5 - Abuse
Your website content must not include any content that could be perceived as abusive to another person, or disclosing personall information about an indiual which breaks the data protection act will be removed immediately will the cancellation of your account.
2.6 - Adult Content
Under no Circumstance is our web hosting to be used for Adult Content.
Sites deemed as Adult Orientated:
- Any site that contain pornography or links to such material.
- Sex Toys/Adult Stores
- Any site that contains ANY content that would be illegal for a minor to view in either the US or UK.
2.7 - Child Pornography
Should a website that is hosted by Nevermind Hosting be found to contain Child Pornography, or any content relating to Child Pornography or Abuse we will immediately contact the relevant authorities and will cooperate fully with any criminal investigation into the User.
Violations of the Child Protection Act should be reported to:
- United States (U.S. Customs Agency): 1-800-BEALERT.
- United Kingdom (Metropolitan Police): 0808 100 0040
- If you wish to remain anonymous, please call Crimestoppers on 0800 555 111.
While we try our best to monitor all sites we understand that some could fall through the search, and we therefore ask that you contact Nevermind Hosting Immediately and the appropriate authority as stated above. Nevermind Hosting will take appropriate action such as removing the content from the internet.
2.8- Banned Scripts
We do not allow the use of the following scripts on our web servers: Should you wish to use one of these scripts please first contact Nevermind Hosting.
- Proxy scripts
- IRC scripts
- Anonymizer
- phpShell and similar command execution scripts
3 - Hosting Features
3.1 - Coldfusion Custom Tags
With each Coldfusion domain you can request the installation of 3 custom tags. If you require more than 3 Custom tags and administration fee may be incurred. All tags are checked for security & performance and are accepted on our sole discretion. We have the right to refuse custom tags.
3.2 - PHP 4 /5
If you wish to change from version 4 to version 5 please contact support.
3.3 - Application Packs
Application packs are available for you to install on any of the hosting packages. Nevermind Hosting reserves the right to remove these from the package at any time. Any prior installations will not be affected. We cannot Guarantee support on each Application.
4 - Email
4.1- Usage
Any email accounts set up on our servers is to be used for personal or business use only by yourself and/or the company it is associated with.
4.2- Re-selling
Under no circumstance are you to re-sell email accounts whether they be for free or a charge. We have the right to ask for more information on email accounts used on our servers if we believe this is being breached.
5 - Bandwidth
While we allow for the traffic to your website up to your allocation we ask clients to use this responsibly. Should your website constantly reach or get close to its maximum bandwidth, you may be allocated extra bandwidth which may incur a fee.
6 - Resource Usage
Nevermind Hosting reserve the right at any time to commence or cease the monitoring of bandwidth or disk space on any service offered. In the event that Nevermind Hosting commence monitoring of CPU/Memory/Disk Space or bandwidth on a service that was previously not monitored, it is the client's responsibility to ensure that they stay within the allocated resources or purchase adequate resources to cover any extra usage.
7 - Exceeding Disk Quota
Should you at any point exceed web space for your hosting package you may be fined for exceeding you quota as well as being billed for the extra web space. If the invoices are not paid within 48 hours the account will be suspended until the invoice is paid, this could result in your website going offline temporally. If the invoice is not paid within 31 days, the account may be cancelled. See Also “Late Payments”
8 - Exceeding Bandwidth Quota
Should you at any point exceed your monthly bandwidth, you may be fined for exceeding you quota as well as being billed for the extra bandwidth used. If the invoices are not paid within 48 hours the account will be suspended until the invoice is paid, this could result in your website going offline temporally. If the invoice is not paid within 31 days, the account may be cancelled. See Also “Late Payments”
9 - Payment
We accept the following forms of payment,
If you wish to pay by Cheque please contact Nevermind Hosting.
9.1 - Late Payments
In the event of an outstanding balance for 5 days, a late payment fee of £15 will be applied to your account. Once payment is Received it can take up to 48 hours for your account to become re-active and Nevermind Hosting reserve the right to delay this on their sole discretion.
10 - DNS Zone Editing
While this feature is there for users to use, we do not offer support for this. This is why you should only edit the DNS if you know what you are doing.
11 - Support
While our staff will try their best to answer any questions relating to your hosting, they are not to be used for general support including, website help, questions regarding and Code language.
12 - Cancellations
If you wish to cancel your account please contact Nevermind Hosting. It is the sole discretion of Nevermind Hosting on whether any refund is given for an account Cancellation.
13 - Maintenance
It is possible that during your time with Nevermind Hosting that the servers may have to undergo Maintenance. If this is schedule maintenance all users will be made away in advance however if it is emergency Maintenance there is a chance that you may not be contacted.
14 - Copyright
All Content of this website, and is the sole property of Nevermind Hosting.
15 - Limitation Of Liability
Nevermind Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, other than that permitted by our Service Level Agreement, which may arise from Nevermind Hosting's servers going off-line or being unavailable for any reason whatsoever. Further, Nevermind Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any complete or partial web site from one of Nevermind Hosting's servers. Where permitted by law, Nevermind Hosting's maximum liability to the client under all circumstances relating to Nevermind Hosting's provision of the service will be equal to the fees paid by the client for the service giving rise to the claim. In the event that the law does not allow the exclusion or limitation of liability for consequential or incidental damages, in such circumstances Nevermind Hosting's liability is limited to the extent permitted by law.
Nevermind Hosting shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Nevermind Hosting reserves the right to terminate an account at any time and for any reason that causes harm to any Nevermind Hosting customer's web sites or the company.
Nevermind Hosting reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Nevermind Hosting reserves the right to refuse, cancel, or suspend service at our sole discretion.
Nevermind Hosting reserves the right to change the Terms And Conditions and any other documentation relating to our services without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent