Terms of Use

General

By using davonaweb.co.uk for hosting you therefore understand that you are using WebhostGIANT services, you agree to use the Internet in accordance with the laws and the ethical rules established or to be set up in the future. Our Terms and Conditions of Use policy is one of zero tolerance. We reserve the right to immediately discontinue services without liability, refund or continuance of any prepaid service fees. By using WebhostGIANT services, you constitute your approval of our policy.

Cancellations

Due to security concerns (such as fraudulent cancellations), all account cancellations must be done by you sending us an e-mail request and then we will contact you with the contact details you have left with us so that we can confirm the cancellation of your account. If you transfer your web site to another host or are just not using the service anymore, it is important to point out that WebhostGIANT has no way of knowing this and it will not constitute account cancellation. We must be informed that you are canceling your account.

NOTE: All services and products are cancelled right when you submit the request. This is the same for the closure of the entire account. We do not schedule closures or cancellations. So make sure you are positive about the action because once done it can not be reversed. Email us via our contact form to close your account or services.

Content

You will not in any way use html, java or perl code that will result unnecessary traffic nor will you install any client side applications that will result in excess traffic. The intent of WebhostGIANT is to provide space to serve web documents, not as an off-site storage area for electronic files. You will also not misrepresent the site in such a way that will result in needless traffic. Some examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, Spamware, Copyrighted MP3s and IRC bots. WebhostGIANT does not support; (i) sexually explicit, obscene or pornographic content (whether in text or graphics); (ii) speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise) or that promote any illegal activity; and/or (iii) graphic violence. We will terminate any account that does not conform to these requirements. WebhostGIANT reserves the right to terminate any account, for any reason, without prior notice or warning.

E-mail

You will not send out advertising e-mail, unsolicited bulk e-mail (UBE) or Spam, nor do anything that will result in excess mail traffic. You will not use your E-mail account to receive large files or programs over 5 MBs in size. Unsolicited advertising via e-mail or newsgroups is prohibited and will result in immediate account termination without compensation. Spamming, including (but not limited to) mass e-mailing, cross posting, or otherwise causing abuse to others on the Internet is prohibited and will be grounds for account termination without compensation. If you use the services of another provider to promote a web site hosted by or through WebhostGIANT, then the provisions of the above Policy shall apply as if the unsolicited e-mail were sent through our servers.

NOTE: Any accounts caught Spamming, or running Spam scripts, will be charged a £100 clean-up fee.

Spamhaus.org and Spamcop Use for Spam Prevention

WebhostGIANT uses Spamhaus and Spam Cop filters on all shared servers to help reduce the amount of Spam our users receive. Spamhaus tracks the Internet's worst Spammers, known Spam Gangs and Spam Support Services. Spamcop will list any IPs that have been sending out reported Spam. If the Spam stops, the IP is released from the database after 48 hours. By using WebhostGIANT, you understand and approve of such filtering. You understand that any person attempting to e-mail you from a server in the Spamhaus or Spamcop database will be returned to the sender. If you do not want your service subject to such filtering, then you understand you are free to host your site elsewhere. For more information on Spamhaus, please click here. For more information on Spamcop, please click here.

NOTE: While the SpamCop filter is set to "ON" by default, ANY customer may request to have it turned off for their domain(s).

Illegal Activity

Illegal activities, to include; unauthorized distribution or copying copyrighted software, violation of US export restrictions, harassment, fraud, trafficking in obscene material, and other illegal activities will be reported to all regulatory, administrative and/or governmental authorities. WebhostGIANT reserves the right to report all such activities.

Access

Access to our servers is for the express purpose of setting up and managing your web site and e-mail. You are not to use the access to compile or run programs that do not directly relate to the web site. You will not view or attempt to modify files that do not belong to you. It is a crime to access any information in the non-public part of a computer regardless of damage or security of the information. Any actions construed to be negligent or malicious attack is strictly prohibited.

Resource Usage

WebhostGIANT enforces a strict policy on resource use that all accounts must abide by. In order to keep our servers running at optimal levels, any sites running a process that requires more than 8Mb of memory, more than 30 CPU seconds, or uses more than 10% of all available system resources at any time will be required to move up to a dedicated solution or be hosted elsewhere. Web sites requiring the following are also limited and may not even be allowed at all:

  • High CPU-use CGI Scripts - CGI script sharing with domains not hosted by WebhostGIANT is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. If your web site has been shut down at another web host for high CGI resource use, you will certainly be shut down here as well. We will not allow a user's web site to affect the other web site owners on our servers.

  • CGI-based Chat Rooms - WebhostGIANT does not allow customers to install their own CGI-based chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. WebhostGIANT does offer Java-based chat for its customers for an additional fee.

  • CGI-based Forums - WebhostGIANT does not allow customers to install their own CGI-based Forums. YaBB and Ultimate Bulletin Board Forums tend to require significant system resources and therefore cannot be permitted.WebhostGIANT recommends vBulletin or phpBB.

  • Background Running Programs and Cron Jobs - WebhostGIANT may allow programs to run in the background. These programs will be considered on an individual basis. Customers will not be allowed to execute a cron more then once per hour with WebhostGIANT. If you wish to run background programs please contact us so that we can arrange set-up.

  • IRC - WebhostGIANT does not allow IRC or IRC bots to be operated on our servers.

  • Webcams - WebhostGIANT does not allow web-cams to be refreshed more then once in a 5 minute period. If you require a refresh rate quicker then 5 minutes, you will need to host your site on a Virtual Private Server.

  • Hotlinking - WebhostGIANT does not allow hotlinking of any kind (whether hosted by WebhostGIANT or hosted elsewhere). This includes using your site to host images or content that is being used in HTML e-mails sent in bulk.

Unlimited Bandwidth Policy

The purpose of the WebhostGIANT unlimited bandwidth policy is to assure owners of standard operating web sites and small businesses that they will not be surprise billed for bandwidth usage. It is one less thing someone will need to worry about while hosting their web site at WebhostGIANT. The WebhostGIANT unlimited bandwidth policy does not cover certain web sites. These include the following:

  • Web Portals/Communities/Forums - Any sites that have members and/or forums.

  • Online Gaming - Includes online casinos and single/multiplayer online games.

  • Image Galleries - Includes eBay or other online auction image dumps.

  • Downloads - Any site that prompts for a download or has large applets.

  • Audio/Video - Any streaming content, web-cams or audio/video downloads.

  • Chat - Includes PHP and Java chat rooms. CGI-based chat is not allowed on our servers.

If you are planning on using our servers to host one of these sites, WebhostGIANT will allow for 100 GBs of transfer per month. You will be billed $10.00/100 GBs/mo thereafter. All other accounts for personal and small business are allowed unlimited bandwidth. If you adhere to our Terms and Conditions of Use Policy and run a standard web site, you will be covered under the unlimited bandwidth policy. (99.9% of all WebhostGIANT hosted web sites currently qualify for their unlimited bandwidth usage.) Accounts that do not follow our Terms and Conditions of Use policy are classified as metered bandwidth accounts and will be billed accordingly.

Unlimited Web Space Policy

WebhostGIANT customers are privileged to be offered unlimited web space for their sites on certain plans. WebhostGIANT will start you out with 1000 MBs of space. Once you approach 90% of its use, simply request additional space from Support. WebhostGIANT will then add another 1000 MBs of space, free of charge. You can continue this process until you no longer require additional space. The intent of WebhostGIANT is to provide a large amount of web space to serve web documents, not an off site storage area for electronic files or a backup of your PC. Ninety Percent (90%) of your web pages (html, etc.) must be linked with files (.GIF, .JPEG, etc.) stored within your space, hosted on a WebhostGIANT server. Web sites that are found to contain either/or no html documents, a large number of unlinked files, will not be offered any additional web space under our Unlimited Web Space Policy.

99.99% Network Uptime Guarantee

Generally Coverage is said to have 99.99% Uptime

davonaweb.co.uk makes no representation and gives no warranty as to the accuracy or quality of information received by any person via the Server. The Hosting Service which is arranged by davonaweb.co.uk on an ‘as is’ ‘as available’ basis and davonaweb.co.uk does not give any warranties (express or implied) or representations in respect of the Website or the Service whatsoever. The Customer hereby agrees that the use of the Hosting Service is solely at the Customer’s own risk. The Company does not warrant that the use of the Service will meet the Customer’s requirements or will be uninterrupted or error-free. Nor does it warrant that any defects will be corrected or that the use of this Service will be correct, accurate, timely or otherwise reliable.

Back-ups

Full back-ups are made weekly by WebhostGIANT, and back-ups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these back-ups. Back-ups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and information. A "Back-Up/Restore" feature is included with each hosting plan and a client can use this tool to back up their files. If loss of data occurs due to an error of WebhostGIANT, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of a client in securing their account or by an action of the client, WebhostGIANT will attempt to recover the data from the most recent archive for a £25.00 fee.

Actions Taken

The failure by a customer to meet or follow any of the Terms and Conditions of Use is grounds for account termination. WebhostGIANT and davonaweb.co.uk will be the sole arbiter as to what constitutes a violation of the Terms and Conditions of Use. WebhostGIANT reserves the right to remove any account without prior notice.

When WebhostGIANT and/or davonaweb.co.uk becomes aware of an alleged violation of its Terms and Conditions of Use, we will initiate an investigation. During the investigation, WebhostGIANT and/or davonaweb.co.uk may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, WebhostGIANT and/or davonaweb.co.uk may, at its sole discretion, restrict, suspend, or terminate a customer's account and/or pursue other civil remedies. If such violation is a criminal offense, WebhostGIANT and/or davonaweb.co.uk will notify the appropriate law enforcement authorities of such violation.

WebhostGIANT does not issue refunds for accounts terminated for Terms and Conditions of Use violations.

Liability

Nothing in these Conditions shall restrict or exclude either party’s liability for fraud, death or personal injury.

The Customer shall not be entitled to any liquidated compensation or refund payment for unavailability of or interruptions to the Service. davonaweb.co.uk shall not be liable to the Customer or to any third party in contract, tort or otherwise, for any direct or indirect loss of profit, anticipated savings, business, contracts revenue, time, goodwill or loss of or harm to data or other content or for any other indirect or consequential loss or damage.

The Customer undertakes to indemnify and hold the davonaweb.co.uk (including its officers, agents and employees) harmless from and against all liabilities, actions, costs (including reasonable legal expenses) claims, expenses, demands and penalties suffered, or ordered or incurred by davonaweb.co.uk as a result of any actions of the Customer including but not limited to in relation to the Services, the Domain Name and the Website.

Warrantees

THIS SERVICE IS PROVIDED AS IS. USE IT AT YOUR OWN RISK. THERE ARE NO WARRANTIES OF ANY KIND EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF SALABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. WebhostGIANT and davonaweb.co.uk IS NOT RESPONSIBLE FOR HARDWARE OR SOFTWARE DAMAGE, LOSS OF WAGES, OR ANY OTHER FINANCIAL OR PERSONAL LOSS RESULTING FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY WEBHOSTGIANT, ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. WEBHOSTGIANT AND ITS PARTNERS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTION OR USE OF THE SERVICE.

Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD WEBHOSTGIANT and/or davonaweb.co.uk HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST WEBHOSTGIANT, 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. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS WEBHOSTGIANT and/or davonaweb.co.uk AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH WEBHOSTGIANTS' 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 TO CUSTOMER FROM WebhostGIANT' SERVER.

Changes

WebhostGIANT and/or davonaweb.co.uk reserves the right to modify or otherwise amend this policy without prior notice or warning.