Terms and Conditions
These terms and conditions comprise the whole agreement between YOU and US ("Contract"). This Contract explains our obligations to YOU and YOUR obligations to US in relation to the Service(s) you purchase.
1. Terms of Service (ToS)
1.1 In this Agreement, the following meanings shall have effect:
"Business/Consumer" ie a person (which includes companies) acting for the purpose of their trade, business or profession. In these terms and conditions "you" and "your" refer to each customer and its agents, including each person listed in your account information as being associated with your account.”
"initial cancellation period" Means the 14 day period when YOU first enter into the contract with us.
"Site" means a location where YOUR / OUR Data Centre Equipment will be located.
"Dedicated Servers" means a physical server used by YOU at our Data Centre part of the Service(s)
"VPS/Cloud Servers" means a virtual server used by YOU at our Data Centre as part of the Service(s)
"Parties" means US and YOU
"WE"/"US"/"OUR" means Supra Hosts Ltd (company number 08373866)
"YOU"/"YOUR" means the person or entity entering into the contract for Service(s) by virtue of ordering and paying for the Service(s)
"Services(s)" means each individual Service ordered from US/UK including each Shared Hosting, Each VPS, each Dedicated Server, each Co-location space, IP transit, Storage and Rack Space.
"SLA" means the Service Level Agreement specifying the standard service level that WE aim to deliver to YOU in respect of each Service as specified further in Clause 4 below.
1.2 YOU are required to provide valid contact details, including a telephone number and email address and must inform US of any changes within 7 working days of such change.
1.3 Payment terms for all invoices and services are strictly 7 (SEVEN) days from date of invoice. Payments are made one month in advance for all services. All prices are, where applicable, subject to UK VAT at the prevailing rate.
1.4 WE automatically charge an £15 + VAT late payment fee should YOUR payment reach US after the 7 day payment period from date of invoice. This will be invoiced separately to YOUR account and non-payment of this charge may lead to service suspension.
1.5 After 7 days, YOUR account will be placed on hold. YOU will receive one reminder by e-mail prior to suspension of any Service you may receive from US. Please note that, if YOU have more than one Service with US, failure to pay any invoice in respect of any service will result in the suspension of all services and not just the one in default until payment is received.
1.6 Failure to pay after a further 7 days will lead to immediate termination of all Services and possible loss of data.
1.7 If YOU are persistently late in settling YOUR account (defined as being placed on hold more than 3 times during your contract with US), we reserve the right in the event of subsequent late payments to put YOU on hold 24 hours after the first reminder of YOUR account being overdue is sent.
1.8 OUR billing department operates 9-6pm, Monday-Friday excluding UK public holidays. Tickets or emails sent for reconnection, billing and accounts enquiries can only be dealt with by the billing department during these hours. Receipt of payment may not be confirmed outside of these hours and confirmation of receipt of payment within these hours is explicitly subject to the availability of online banking facilities from our bankers.
1.9 WE do not offer refunds for servers and Services purchased in advance.
1.10 YOU must inform the Billing department at least 7 working days before YOUR billing date if YOU intend to cancel. Cancellation requests should be sent to: email@example.com.
1.11 Failure to cancel in accordance with Clause 1.10 will result in YOUR account being charged for one extra month.
1.12 Remote Technical Services, where not included as part of a product package, are charged at £75 + plus VAT per hour.
1.13 OUR employees have every right and expectation to work in an atmosphere free of abuse, intimidation and harassment from OUR clients. Therefore, abuse towards OUR staff in the form of verbal or written abuse (including abuse via email or the ticket system) or anything else that WE deem to be offensive may result in cancellation of YOUR account with immediate effect and without compensation or refund for lost periods of service.
1.14 WE may, without notice and without obligation to pay compensation apply service credits or refund any monies, suspend restrict or terminate your access if such access shall prejudice the efficiency or integrity of the Site.
1.15 If YOUR server is attacked (DoS) then WE reserve the right to remove YOUR server from OUR network without notice and without obligation to pay compensation apply service credits or refund any monies in respect of Service downtime. A compromised or "hacked" server is a serious threat to our network. Supra Hosts Ltd, at its sole discretion, will take any and all measures to prevent a compromised server from doing additional damage to its own system and files or to the rest of the network. Determination that a server has been compromised: By the Customer - If you believe your system may have been hacked, immediately report the situation to Supra Hosts Ltd technical support. Supra Hosts Ltd will examine your system and may implement additional monitoring of your system. If a Supra Hosts Ltd System Administrator believes a server on our network is compromised, Supra Hosts Ltd will: 1) disconnect the server from the network, 2) contact the client, and 3) provide evidence of the server being "hacked".
1.16 WE shall report, if appropriate, misuse or abuse of the Site by YOU to any regulatory authority or, in the case of criminal matters, the police.
1.17 YOU agree not to use the service to do any of the following and it is expressly agreed between US and YOU that if there is any breach of this Clause 1.17 may, without notice and without obligation to pay compensation apply service credits or refund any monies, suspend restrict or terminate your service if YOU:
(a) Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene (illegal pornography), libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. Please note that IRC services may not be run on our network. Contact us for clarification where needed.
(b) Harm minors in any way.
(c) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. Forge headers or spoof or monitor/sniff IP packets.
(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content or Third Party Content transmitted via the Site.
(e) Upload, post or otherwise transmit any Third Party Content that you do not have a right to transmit under Law or under contractual or fiduciary relationships.
(f) Upload, post or otherwise transmit any Third Party Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
(g) Upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Site that are designated for such purpose.
(h) Upload, post or otherwise transmit any Third Party Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
(i) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. (ii)
(j) Do anything that in the opinion of US is likely to bring the service into disrepute.
1.18 If a natural person, YOU must be at least 18 years of age at the date of ordering the Service. Any Minor must have a parent or guardian sign the contract and such parent or guardian, by signing, accepts full financial and legal responsibility for their entire obligations under this contract and agrees to meet all payments due under the contract. A parent or guardian who signs the contract on behalf of a Minor continues to be responsible for, and continues to agree to meet the obligations under, this contract, even when the Minor has attained 18 years of age, unless WE have explicitly agreed in writing to transfer the contract into the name of the Minor.
1.19 Data Storage (iSCSI) additional terms:
(a) WE will endeavour to provide a full and fault free service at all times
(b) It is YOUR own responsibility to encrypt YOUR data before transmission onto our network. WE do not encrypt any data that YOU may send to or store on OUR storage systems.
(c) In the unlikely event of data loss WE will not be held responsible for any losses you may incur. WE recommend that YOU make YOUR own daily data backups at all times to minimise any impact should a data loss occur.
(d) If YOU have 2-way replication YOU will receive a Service Level Agreement (SLA) for any outage periods, should they occur, as detailed below. If YOU have 1-way replication YOU will be notified at least 7 days in advance of any maintenance works that may require YOUR service to be temporarily interrupted.
(e) Supra Hosts Ltd may interrupt the Services at any time for any duration of time, without penalty or liability for any claim by the Customer, where necessary to prevent improper or unlawful use of Supra Hosts Ltd Services or network. Such suspension of Services will not be an interruption for the purpose of calculating network availability or the Customer's entitlement to credit for network interruption.
(f) The Customer agrees that it may be necessary for Supra Hosts Ltd to Temporarily suspend Services for technical reasons or to maintain the Supra Hosts Ltd network, the equipment or any other facilities, the timing of which will be as determined by Supra Hosts Ltd. Such suspension of the Services will not be an interruption of the Supra Hosts Ltd Services for the purpose of calculating network availability or the Customer's entitlement to credit for network interruption.
1.20 Under Regulation 10 of The Consumer Protection (Distance Selling) Regulations 2000, YOU may have the right to cancel this Agreement for seven working days after the day after this Agreement has come into effect by virtue of YOU placing YOUR order. However, if you specify an order start date prior to the expiry of seven working days then YOU will lose YOUR right to cancel from the date that access to OUR Service is given.
1.21 Obligations in respect of RIPE IP Addresses
If YOU obtain a RIPE IP Address via US as the sponsoring LIR, then the following provisions apply:
1.21.1 WE hereby acknowledge that WE ARE solely responsible for liaising with YOU to keep registration records up-to-date;
1.21.2 WE hereby acknowledge OUR duty to ensure that such registration records are made available to RIPE NCC on a timely basis;
1.21.3 YOU acknowledge YOUR obligation to provide up-to-date registration data to US, including timely reporting of any domain changes, and YOU specifically agree that some or all of this registration data will be published in RIPE NCC's WHOIS database;
1.21.4 YOU hereby irrevocably agree that the provision of a RIPE IP Address is personal to YOU and that such RIPE IP Address may not be assigned, novated or otherwise transferred to any other party (save that this Clause 1.21.4 does not act to prevent a transfer back to RIPE NCC in the circumstances set out in the remainder of this Clause 1.21);
1.21.5 in consideration for the provision of the RIPE IP Address, YOU agree to pay to US the fees as invoiced;
1.21.6 YOU acknowledge YOUR obligations, and irrevocably agree, to use the RIPE IP Address in accordance with and subject to the policies of RIPE NCC as published on the RIPE NCC's website (as from time to time amended);
1.21.7 YOU agree to put the assigned RIPE IP Addresses into operational use over a timeframe which shall not exceed 12 months;
1.21.8 YOU irrevocably agree that RIPE IP Address will be forfeited and returned by default to RIPE NCC, without compensation or re-imbursement, upon the happening of any one or more of the following events:
(a) YOU cannot be contacted;
(b) YOU fail to make use of the RIPE IP Address in accordance within the timeframe set out in 1.21.7 above (when such unused numbers will revert to the RIPE NCC);
(c) YOU fails to pay on the due date the fees due to be paid to US;
(d) YOU fail to update (on at least a quarterly basis) the registration data to US;
(e) YOU fail to use the RIPE IP Address in full conformity with RIPE NCC's published policies, as from time to time in force;
(f) the Contract is terminated by reason of any of the events in Clauses 1.6, 1.16 or 1.17.
1.22 Obligations in respect of IP Addresses
If YOU obtain an IP Address, then the following will apply:
1.22.1 YOU acknowledges that IP Addresses are in increasingly short supply and that it is only proper for US to monitor and manage how to distribute them;
1.22.2 YOU agree to put the assigned RIPE IP Addresses into operational use over a timeframe which shall not exceed 12 months;
1.22.3 YOU irrevocably agree that RIPE IP Address will be forfeited and returned by default to RIPE NCC, without compensation or re-imbursement, upon the happening of any one or more of the following events:
(a) YOU cannot be contacted; (b) YOU fail to make use of the RIPE IP Address in accordance within the timeframe set out above (when such unused numbers will revert to the RIPE NCC); (c) YOU fails to pay on the due date the fees due to be paid to US; (d) YOU fail to use the RIPE IP Address in full conformity with RIPE NCC's published policies, as from time to time in force; (e) the Contract is terminated by reason of any of the events in Clauses 1.6, 1.16 or 1.17.
2. Data Protection
We recognise OUR obligations under both Data Protection legislation and under contract to maintain the confidentiality of YOUR data so far as it is known to US. However, there are circumstances in which such data may need to be disclosed to third parties as follows:
2.1 YOU acknowledge and agree that details of the YOUR name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of US in connection with the Services.
2.2 YOU acknowledge and agree that details of the Client's name, address and assigned IP Addresses may be released to law enforcement agencies upon production of valid notices and/or to third parties upon service of a valid disclosure notice issued by a court of competent jurisdiction.
2.3 YOU acknowledge and agree that details of YOUR name, address, telephone and fax numbers together with email address(es) and assigned IP Addresses may be released to the RIPE NCC to ensure that both WE and YOU fulfil their obligations under prevailing RIPE policies and that such data may be published in whole or in part in the RIPE WHOIS database.
2.4 YOU are responsible for the security and confidentiality of your username and password.
2.5 YOUR use of the Service signifies your consent to US collecting and using personal information about YOU in accordance with these terms and conditions.
2.6 WE use the personal information collected about YOU to let YOU know about new goods, services or offers.
3. Limitation of Liability
3.1 This Clause 3 sets out OUR entire financial liability (including any liability for the acts or omissions of OUR employees, agents, consultants, and subcontractors) to YOU in respect of:
(a) any breach of the Contract;
(b) any use made by YOU of the Services, or any part of them;
(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
3.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
3.3 Nothing in these Clauses limits or excludes OUR liability:
(a) for death or personal injury resulting from negligence; or
(b) for any damage or liability incurred by YOU as a result of fraud or fraudulent misrepresentation by US.
3.4 Subject to Clause 3.2 and Clause 3.3:
(a) WE shall not be liable for:
(i) loss of profits; or
(ii) loss of business; or
(iii) depletion of goodwill and/or similar losses; or
(iv) loss of anticipated savings; or
(v) loss of goods; or
(vi) loss of contract; or
(vii) loss of use; or
(viii) loss of or corruption of data or information; or
(ix) delay or inability to use the Service or a Linked Service; or
(x) reliance upon Third Party Content; or
(xi) loss of confidentiality; or
(xii) termination of your access; or
(xiii) virus transmitted; or
(xiv) failure of communication media; or
(xv) unauthorised access to your server/computer; or
(xvi) theft; or
(xvii) loss of, or damage to, any data or other information or property; or
(xviii) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; or,
(xix) any consequences arising from a Minor's use of OUR Data Centre or Services or any consequence arising from the Minor's age or legal incapacity.
(b) OUR total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract shall be limited to the Service Level Agreement Credits as specified below and YOU expressly confirm that YOU agree that there are no other rights or remedies available at Law.
4. Force Majeure
4.1 'An event of force majeure' means, in relation to either party, an event or circumstance beyond the reasonable control of that party including (without limitation) any act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out or trade dispute or labour disturbance, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet service provider, war, military operations, act of terrorism or riot, delay or failure in manufacture, production or supply by third parties of equipment or services.
4.2 The party suffering the event of force majeure shall not be deemed to be in breach of this agreement or otherwise liable to the other party for any delay in performance or any non-performance of any obligations under this agreement (and the time for performance shall be extended accordingly) if and to the extent that the delay or non-performance is due to an event of force majeure.
4.3 If the event of force majeure in question prevails for a continuous period in excess of 1 month after the date on which it began, the other party may give notice to the party suffering the event of force majeure terminating this agreement. The notice to terminate must specify the termination date, which must be not less than 7 clear days after the date on which the notice to terminate is given. Once a notice to terminate has been validly given, this agreement will terminate on the termination date set out in the notice.
WE may, from time to time change any part of this Agreement and will post such changes to our website.
6.1 A waiver of any right under the Contract is only effective if it is in writing and it applies only to the circumstances for which it is given. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
6.2 Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
7.1 If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
7.2 If a provision of the Contract (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
8. Entire Agreement
8.1 The Contract constitutes the whole agreement between the Parties and supersedes all previous agreements between the Parties relating to its subject matter.
8.2 Each Party acknowledges that, in entering into the Contract, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) (other than for breach of contract).
8.3 Any typographical, clerical or other error in any sales literature, marketing materials, quotation, price list or other Document issued by US or contained on any part of the OUR website shall be subject to correction without any liability on the part of US. For the avoidance of doubt, OUR brochure and other sales literature or marketing materials either appearing on OUR website or in printed form are not incorporated into and do not form part of the Contract.
8.4 Nothing in this Clause shall limit or exclude any liability for fraud.
9.1 YOU/YOUR Client may not assign, in whole or in part, YOUR rights under the Contract.
9.2 WE are entitled, upon giving 14 days written notice, to assign the whole or part of its rights under the Contract to another company where applicable.
9.3 Each party that has rights under the Contract is acting on its own behalf and not for the benefit of another person.
10. No Partnership or Agency
Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
11. Rights of Third Parties
The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement and no person other than the parties to this agreement shall have any rights under it, nor shall it be enforceable under that Act by any person other than the parties.
12.1 This Clause shall not apply to the service of any proceedings or other documents in any legal action.
12.2 A notice or other communication required to be given under or in connection with the Contract shall be validly served if sent by email. If sent by email, it shall be deemed to be duly received at the time sent.
13. Limitation Period, Governing Law and Jurisdiction
13.1 Notwithstanding any other provision of the Contract, no proceedings shall be commenced against US under the Contract more than 6 months after the event giving rise to the proceedings has occurred (save in the event of fraud or deliberate concealment by US).
13.2 The Contract, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
13.3 The Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Contract or its subject matter.
14. Overusage - Additional Power / Bandwidth / Data Transfer / Monthly Transfer
14.1 If YOU exceed the bandwidth / transfer limits set out for the servers and Services purchased then WE reserve the right to make additional charges for all usage above the permitted bandwidth / transfer per server and Services purchased at its then prevailing charge rate as published. WE will endeavour to notify YOU when YOUR bandwidth use exceeds the limits for the servers and Services Purchased, however it is YOUR responsibility to monitor the bandwidth being used from time to time using the Portal.
14.2 If YOUR server causes network issues for other customers in the rack, WE reserve the right to limit the amount of bandwidth / data transfer YOUR server can push through the network. This applies to all customers regardless including those paying for 1 Gbps port.
14.3 If YOU exceed the inclusive power limits set out for the Services purchased per Equipment then WE reserve the right to make additional charges for all usage above the permitted / inclusive power per Equipment / Services purchased at its then prevailing charge rate as published. It is YOUR responsibility to monitor the power being used by your Equipment.
14.4 Hardware Maintenance; Supra Hosts Ltd is responsible for the replacement of any hardware components that fails. This includes chassis, PSU, disks, memory and motherboard of the server. The customer will not be charged for any failure or replacement of hardware. In the case of a hardware fault which results in a server failure Supra Hosts Ltd will replace the faulty hardware within 3 hours of isolating the cause of failure.
14.5 Connection Guarantees; We guarantee that all of our UK Servers are within a maximum of twenty milliseconds of 95% of UK residences. We have triple redundant uplinks via physically diverse cables into the UK backbone to ensure maximum connectivity uptime. Where the connection is metered we guarantee that the full burst capability will be available at all times. Where the Server's connection is unmetered, we guarantee that the maximum divided by the contention will be available at all times (eg. 2Mbps in the case of a 10Mbps connection with 5:1 contention). In general, we attempt to ensure that an unmetered connection's maximum burst is available at least 80% of the time, and have a large contention pool to ensure that.
Cancellation rights for Business/Consumer contracts
Instructions for initial cancellation
1. When You first enter into a contract with US YOU have the right to cancel this contract within 7 days without giving any reason. This initial cancellation period will expire after 7 days from the day you first enter into the contract with us (conclusion of the contract).
2. To exercise the initial right to cancel, you must inform us at Supra Hosts Ltd, of your decision to cancel this contract by a clear statement, by sending an email to: firstname.lastname@example.org . We will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.
3. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
5. If you have requested that we start providing services to you during the 7 day cancellation period, on cancellation, you will pay us an amount which is in proportion to the cost of services which have been provided to you to that point.
6. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise..
Cancellation after the initial cancellation period
After the initial cancellation period if you wish to cancel YOU must inform the Billing Department at least 7 working days before YOUR billing date if YOU intend to cancel. Cancellation requests must be sent to email@example.com . Failure to cancel in accordance with this clause will result in YOUR account being charged fees for one extra month.
Service Level Agreement (SLA)
The Service Level Agreement will apply to you if you have registered for services with Supra Hosts Ltd and you are in good financial standing with us.
Every Shared, VPS and Dedicated Server customer benefits from the following SLA guidelines.
Data Transmission SLA details including latency:
- 99.9% SLA Uptime
- < or = 40ms European latency
- < or = 130ms USA latency
- < 0.01% packet loss
As mentioned, our SLA base level is 99.9% uptime. Should the network fall below this level for any reason other than planned maintenance or network attacks, you will be entitled to an SLA Claim. Refunds shall not be provided to the Customer if the outage results from: a) scheduled maintenance; b) circumstances beyond our reasonable control, including, but not limited to: dDoS or other network attacks, upstream or 3rd party network outages, war, fire, flood, sabotage, labour disturbance, acts of government; c) any actions or inactions of you or any third party; d) breaking this Agreement.
iSCSI Storage Service Level Agreement is 100% Uptime but applies only to YOU if YOU opt for 2-way replication. If the service fails at any time we will refund you 100% of that month's fees in respect of the iSCSI Service only. Customers with standard 1-way replication do not receive a SLA.
SLA Uptime is monitored on rolling monthly periods.
YOU need to claim witin 15 days of the failure. YOUR claim must be made by submitting a ticket thorugh the customer portal to our billing department, and the ticket must clearly show evidence of outage, date of outage, start time and end time. If a ticket has not been raised informing us about an outage, we are unable to process YOUR claim.
Acceptable Use Policy (AUP)
Supra Hosts Ltd Limited provides Internet hosting Services. By using the Services provided by Supra Hosts Ltd, Customers agree to comply with the Acceptable Use Policies outlined in this agreement and also to indemnify Supra Hosts Ltd against any claims by third parties arising from violation of this Policy.
Supra Hosts Ltd reserves the right to make changes to this Acceptable Use Policy at any time, and any changes will be effective immediately upon posting to Supra Hosts Ltd web site: www.suprahosts.com. Supra Hosts Ltd's Customers are responsible for regularly reviewing the Policy. Continued use of the Services following any changes shall constitute acceptance of the changes.
This policy recognises the fundamental fact that no one owns or controls the Internet. Supra Hosts Ltd cannot monitor or control all the activities of our Customers. We do not intend to actively screen, review, censor, edit or take responsibility for the activities or content of our Customers. The Customer, not Supra Hosts Ltd, assume all responsibility relating to their Internet activities including, but not limited to:
- Aspects of the Customer's business.
- Content and data provided by or through a Customer for use with the Services.
- Decisions about Customer's computer and communications systems needed to access the Services.
- Results obtained from using Supra Hosts Ltd Services.
- Compliance with all applicable laws and governmental regulations regarding Customer's business or use of the Services.
- Use of the Supra Hosts Ltd services by Customer's end users.
- Compliance with this Acceptable Use Policy by the Customer and the Customer's end users.
Activities conducted on the Internet are subject to many of the same laws and regulations applicable to the offline environment. Customers must exercise a high degree of judgement and responsibility with respect to their use of the Services, including the responsibility to comply with this Acceptable Use Policy. Customers will violate this Policy when they or their affiliates engage in any of the following activities:
Network and Other Abuse
Using the Supra Hosts Ltd network or other Supra Hosts Ltd resources in any way that adversely affects other Supra Hosts Ltd Customers is strictly prohibited. This includes but is not limited to:
- Gaining or attempting to gain unauthorised access to servers or services. Such attempts include "Internet scamming" (tricking other people into releasing their personal information), password robbery, security hole scanning, port scanning, probing, monitoring or testing for system or network vulnerabilities.
- Introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- Intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses. Using IP addresses which were not assigned to them by Supra Hosts Ltd.
- Maintaining an Open Email Relay/Open Data Relay or allowing any data to be sent through one's server by an unrelated third party, including, but is not limited to, via open email gateways and open proxy servers.
Accounts may be terminated that include content or which have links to content that:
- Is unlawful or is considered offensive by the web community. Promotes injury or physical harm against any group or individual.
- Promotes or teaches illegal activities.
- Exploits or depicts children in a negative/sexual way.
- Infringes on copyright, patents, trademarks, trade secrets, or other intellectual property including pirated computer programs, cracker utilities, warez and software serial numbers or registration codes.
- Violates any law, statute, ordinance or regulation governing the Customer's business or activities, including without limitation the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, trade in firearms, privacy, data transfer and telecommunications.
SPAM or Unsolicited Commercial Email
Supra Hosts Ltd has zero tolerance for the sending of SPAM or Unsolicited Commercial Email (UCE) over our network. Supra Hosts Ltd Customers cannot send UCE and cannot host sites or information advertised in UCE. Customers are also responsible for the actions of their clients and must take all reasonable precautions to secure their servers and sites against SPAM exploits (e.g. open email relays and insecure cgi scripts).
Supra Hosts Ltd does not permit:
- The sending of bulk emails, defined as the sending of the same email, or emails which are substantially the same, unless recipients have agreed to double-opt in to the mailing list. Proof may be required of the subscription opt-in process. Supra Hosts Ltd does not permit the sending of bulk email to recipients whose details have been obtained from third-party sources.
- Hosting content on a Supra Hosts Ltd server which is advertised or linked to by a bulk e-mail campaign, even if this campaign is not run from a Supra Hosts Ltd server.
Violating our UCE or SPAM policy will result in penalties. Upon detection or notification of a violation of our UCE policy, Supra Hosts Ltd will initiate an immediate investigation. During this time, outgoing mail may be suspended from the offending ip address to prevent further violations. If a client is found to be in violation of our UCE policy, Supra Hosts Ltd will impose penalties and/or, at its discretion, restrict or terminate the offending account and the Customer's access to our network. Repeated or serious violations may result in the immediate termination of the account. SPAM is a very serious matter. PLEASE DO NOT SPAM. EDUCATE YOUR CLIENTS and TAKE ALL PRECAUTIONS against SPAM EXPLOITS.
Supra Hosts Ltd Administrative Login and Management Software
To facilitate network/server management, inventory and related activities, all Supra Hosts Ltd Servers include a Supra Hosts Ltd administrative account and password and/or a Supra Hosts Ltd daemon. All reasonable precautions are taken by Supra Hosts Ltd to maintain the security of these tools and the privacy of client data. Customers must not tamper, hinder, delete, or in any way change the functioning of these tools. To do so intentionally or otherwise is grounds for the immediate suspension of Customer's hosting account.
Fair usage of shared, burstable resources
For some shared resources we require that customers do not continuously use an unreasonable excess of those resources (using them in a burstable manner is, of course, entirely acceptable). Examples of an excess might include continuously & actively using swap on a server rather than upgrading RAM, running software that uses all available CPU constantly (such as SETI@Home) or continuously using many times the base-allocation of unmetered bandwidth. In such circumstances we reserve the right, at our discretion, to request that the client cease such activities or be forcibly upgraded to a more suitable package or, in the case of excess use of unmetered bandwidth, be moved to a metered bandwidth connection.
This Acceptable Use Policy (AUP) is not exhaustive. Supra Hosts Ltd has the right to refuse service to anyone at any time WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to a violation of the Acceptable Use Policy as outlined above.