© 2009 A Perfect Host
A Perfect Host reserves the right to change this Policy any time, so please check this page at regular intervals or when in doubt. All clients who use and continue to use A Perfect Host services are accepting the below outlined terms and conditions.
A Perfect Host strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other A Perfect Host customers and us against such harm.
Any breach of any of the terms outlined in this document may result in account suspension
or termination without prior notice. Depending on the nature of the breach you may
be charged a re-
A Perfect Host shall be the sole arbitrator of what violates any of the Policies outlined in this document.
GENERAL TERMS AND CONDITIONS THAT APPLY TO ALL ACCOUNTS
Payment Policies, Fees, Refunds and Terms of Agreement
Full payment is required before any hosting service is rendered, which includes renewals.
All payment-
If cancellation is initiated by A Perfect Host due to restrictions violation, there will be no refund. A Perfect Host will only make allowances if cancellation is not the fault of the client, as determined by A Perfect Host. Additional features can be added at any time. Monthly feature prices are not prorated. A Perfect Host reserves the right to change prices at any time.
If payment is not received by the due date, A Perfect Host reserves the right to suspend and/or terminate any or all services applicable to that account without prior notice.
Late Fees
Late fees may be charged to outstanding invoices after 45 days past their due date. The current fee is 15% and this will be automatically added to the invoice at 45 days.
Account Cancellation
You may cancel a hosting account at anytime. To cancel your account, please contact Customer Service. Notification of cancellation must be received at least seven business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the clients responsibility to secure email confirmation from A Perfect Host that your account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be charged.
If a Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve the Client of any outstanding financial obligations. Your domain name will remain locked until any outstanding balance is settled in full.
Indemnification Policy
You agree to use all A Perfect Host services and facilities at your own risk. A Perfect Host specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall A Perfect Host be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
Clients agree that it shall defend, indemnify, save and hold A Perfect Host harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against A Perfect Host, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns.
The Client agrees to defend, indemnify and hold harmless A Perfect Host against liabilities arising out of:
1. any injury to person or property caused by any products sold or otherwise distributed in connection with a A Perfect Host server;
2. any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
3. copyright infringement and
4. any defective products sold from a A Perfect Host server.
A Perfect Host shall be the sole arbitrator of what violates this Policy.
SPAM Policy
A Perfect Host is committed to a zero-
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy.
Sending unsolicited commercial email (a.k.a. "spam"), cross-
The use of A Perfect Host servers as a mail drop for responses to activities described above is also prohibited.
Accounts cancelled due to spam will be billed a "clean up" fee of £500 per incident.
If you have any complaints or comments regarding Spam on our network, please direct them via email to our support department email address or by contacting us here or by logging in to your account.
Content Policy
All services provided by A Perfect Host may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in violation of any English Law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorisation.
The customer agrees to indemnify and hold harmless A Perfect Host from any claims resulting from the use of the service which damages the subscriber or any other party.
Adult related sites are permitted, however please discuss the contents of any adult sites before hosting them on A Perfect Host servers.
Sites that promote any illegal activity or present content that may be damaging to A Perfect Host servers or any other server on the internet are prohibited. Links to such materials are also prohibited.
Examples of unacceptable content or links:
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A Perfect Host is in the business of providing primary web hosting services for virtual accounts.
We do not allow the use of our services to promote the use of other primary web hosting companies who are our direct competitors.
Any illegal activity, including illegal adult content, links to illegal adult content web sites, spamming or hacking may result in your site being suspended without warning.
Within reason we allow you full access to install any scripts you require, however we do insist that these are up to date and will not compromise any of our security. Any offending accounts will be suspended without notice. It will be at the discretion of A Perfect Host to determine script or content suitability.
You may be required to pay a re-
A Perfect Host will be the sole arbiter as to what constitutes a violation of this provision.
Email Policy
A Perfect Host may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any illegal mass email.
Your email account may not be referenced as originator, intermediary, or reply-
Again, A Perfect Host will be the sole arbiter as to what constitutes a violation of this provision.
CGI Scripts Policy
Each account comes with its own cgi-
You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other A Perfect Host Clients.
You will be notified if an offending cgi script is disabled and your account may also be suspended depending on the nature of the script.
No chat room or similar scripts allowed. This is banned from all A Perfect Host servers.
Chat Policy
A Perfect Host does not allow chat rooms.
You can however link your site to a chat provider -
Traffic Policy
A Perfect Host allows for very generous traffic, and most sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution.
A Perfect Host customers are discouraged from storing any files that cause excessive traffic on shared A Perfect Host servers.
Any sites with high traffic are recommended to opt for A Perfect Host private hosting packages. Please contact A Perfect Host Technical Support team for more information.
We reserve the right to refuse service to anyone for any reason not prohibited by law.
Also we reserve the right to terminate service to anyone for any reason not prohibited by law.
Any deliberate attempt to cause damage to A Perfect Host or any other Internet servers will result in immediate account deactivation without prior notice.
No refund is given in this case.
All account plans come with a predetermined amount of traffic allowance.
Hosting accounts are monitored and £5.50 will be charged for each GB of traffic exceeded.
You will NOT be charged for transfer that you use beyond our generous data transfer limits without prior notification.
You can monitor your transfer at anytime in your Control Panel. If you feel you need to change your package, please contact support for advice.
Backups
A Perfect Host packages are backed up OFFSITE DAILY.
A Perfect Host takes every precaution to preserve and backup data, however no guarantees are made of any kind, either expressed or implied, as to the integrity of these backups.
Backups are made for server restoration purposes only -
The "Backup Manager" is included in each hosting plan and clients can use this tool to back up their files.
If loss of data occurs due to an error of A Perfect Host, we will attempt to recover the data for at no cost to the client.
If data loss occurs due to negligence of client in securing their account or by an action of the client, A Perfect Host will attempt to recover the data from the most recent archive and may charge a fee. Whether a fee will be charged and how much the fee will be is at the discretion of a A Perfect Host.
Please note that backups are not provided for clients on the biz-
Downtime
Whilst every precaution is taken to ensure system stability, it is inevitable that there will
be occasions when the system is offline. A Perfect Host does not accept liability for this and
does not offer any form of compensation for any form of loss. Where possible, any planned
downtime will be scheduled for the most convenient time of day.
ADDITIONAL TERMS AND CONDITIONS THAT APPLY ONLY TO VPS (VIRTUAL PRIVATE SERVER) CLIENTS
The terms and conditions outlined within this section apply to clients with VPS accounts and are in addition to the general terms and conditions outlined above.
VPS
The term VPS stands for VIRTUAL PRIVATE SERVER
Root Access
Because full root access is granted on VPS accounts, the client has greater flexibility to install software as required, however the client is fully responsible for their server and it is the recommendation of A Perfect Host that only the experienced should attempt to access the Root directory.
A Perfect Host may charge the client for repairing or restoring the server following failure if a client is responsible. If a charge is made to the client and how much this will be shall be at the discretion of A Perfect Host
ADDTIONAL TERMS AND CONDITIONS THAT APPLY ONLY TO WEB ASSIST CLIENTS
The terms and conditions outlined within this section apply to clients on WebAssist accounts and are in addition to the general terms and conditions outlined above.
Web Assist
Whilst using this website, the term WebAssist is a product name of A Perfect Host. The product provides a managed website solution for business or private clients and varies according to the package purchased.
Website Pages and Content
Each "page" is restricted to a generous maximum content size of 75kb excluding images. Clients may request pages larger than this, but any content exceeding 75kb will be quoted as additional work.
Images may be supplied by the client for use on the website, however the client is responsible for any copyright infringements. A Perfect Host shall not use images supplied by a client for any other purpose other than use in conjunction with the clients website or a purpose agreed by the client.
Any images supplied by A Perfect Host do not become the clients ownership are for use exclusively on the website and may not be used for any purpose. Images are sometimes sourced from third parties and A Perfect Host is not neccessarily the copyright owner.
Unless consent is given in writing by A Perfect Host, any content created by A Perfect Host may not be transfered to another host. If the WebAssist account is terminated, the website will remain the property of A Perfect Host and the client will be responsible for building a new website.
Payment
As with all A Perfect Host packages, payment is due when the order is placed and
is non-
complaint seriously and will ensure that a resolve is reached in a very timely manner. In cases where a resolve is not possible, A Perfect Host shall terminate the account and refund to the client as appropriate. Refunds are at the discretion of A Perfect Host and each case will be
investigated on an individual basis. Domain name registration costs cannot be refunded under any circumstance, however can be utilised by an alternate host if required.
Setup Costs
The setup cost on WebAssist packages includes:-
- 2 year domain name registration
- Hosting for 1 month
- Initial website design
- Online proof
- Search engine submission to Google (this will be done automatically unless the client states otherwise)
- Server and initial email setup
- Testing and making the initial website 'live'
Ongoing Website Maintenance and Amendments
There is a monthly allowance included for general website amendments measured in time and the amount of time varies depending on the package the client is signed up to.
The client should send an email to their account manager requesting an update to their site, including full details. A Perfect Host will contact the client upon receipt of the email and confirm timescales for the work to be completed. A Perfect Host will then notify the client upon successful completion of the work.
Time will be deducted from the clients retainer or invoiced to the client if it exceeds their limit.
If the client does not use their allowance for the month, the time will rollover to the next month, up to the specified maximum. The maximum time varies depending on the package the client is signed up to.
If anything outlined in this document is unclear, please email contact customer service and we will be happy to help.