Oxford web hosting - Established 2003

Terms of Service

TOS from OxfordHost.co.uk

OxfordHost Network agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).Use of OxfordHost Network Service constitutes acceptance and agreement to OxfordHost's AUP as well as OxfordHost's TOS (Terms of Service).

Terms Of Service Agreement

Setup Fees :

By agreeing to the terms of service you give OxfordHost Network the Authority to charge a setup fee if choosing monthly billing. In the event of a cancellation during our 30 day money back guarantee you will be refunded the amount of the web hosting monthly charge only. Setup fees do not currently apply to monthly billing. Annual plans do not have any setup fees involved.

Bulk Email :

All email list and programs are not to send out any bulk emails between the hours of 6AM-10PM Monday through Friday. Any email list that continues to increase the server load to over 5.00 for more than ten minutes will be suspended and a TOS violation will be sent out. Any web site that continues to ignore this warning will be terminated without warning. This is includes any account sending over 1000 emails.

Staff Abuse:

By agreeing to the terms of service you are responsible for your own actions. Any abuse by our staff members will result in immediate account termination. Abuse is at the sole discretion of the staff member. All staff members can terminate an account for any verbal or physical abuse. Remember we are here to help you and our staff members are to be treated with the same respect that they give you.

Free web hosting clients :

No refunds will be due for any one time payments for free web hosting. Plans are a promotional deal and all clients with free web hosting plans must abide by our terms of service. Failure to abide by the terms of service will result in account deletion. All charge backs for free web hosting will pay a minimum of £50.00 for administration fees to report to your credit card company. Charge backs are illegal and we will send all order information to your card company and report you to our credit agency for further collection. A charge back will have a negative affect on your credit score and a judgment will put on your credit report. In any event of a change in management or ownership the new party will make the call to honor free web hosting plans. If you are required to pay a credit will be applied to your account for the remaining. If you have a free hosting account and you paid one year ago, then the amount paid will be will be deducted per monthly plan prices. This is solely up to management.

OxfordHost does not allow the following to be hosted:

Any kind of adult sites,warez related material This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation. Any material that we find to be abusive. OxfordHost reserves the right to remove the offending material from our servers without notice. Sites that are listed in a spam database will be removed. Any site that gets any of our IP's on a spam database will be removed from our servers.

OxfordHost and data backups:

OxfordHost makes every effort to backup your data so as to provide a secondary source of data to aid in the event of data loss. Subscriber agrees and understands that it is their responsibility to keep regular backups of their data and that while OxfordHost does provide this service, there are multiple possibilities that can prevent your data from being backed up. In light of this, subscribers must not rely on OxfordHost to keep backups of their data.

SPAM and Unsolicited Commercial Email (UCE):

OxfordHost Network takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our Network. Very simply this means that customers of OxfordHost Network may not use or permit others to use our Network to transact in UCE. Customers of OxfordHost Network may not host, or permit hosting of, sites or information that is advertised by UCE from other Networks. Violations of this policy carry severe penalties, including termination of service. WE will take action against any party using are servers for spam. Our servers are monitored 24/7 with the latest technologies to track down unsolicited commercial email. We have installed the latest technique to track down the user that is abusing the system. We will take action against the party responsible.

Charge backs:

All payments to OxfordHost Network are non refundable if service is rendered. If you use our service we expect to be paid. All charge backs will be sent to the account holders credit card company with proof of service's. You will be charged a minimum amount of £50.00 for filing a fraudulent charge back. This is our administration charge for handling the charge back. All charge backs will be turned over to our collection agency and this will affect your credit rating. We take charge backs serious and will not tolerate fraudulent charge backs. If you feel like you need a refund for some reason. Send us an email and let us know. We record all IP's for possible proof to a credit card company along with all logs. Fraudulent charge backs are illegal and we will send all information requested by your credit card company. If you participate in an illegal charge back we will send everything from your location you logged in from to all records that are stored on a daily basis. Please do not participate in illegal charge backs as they end up costing you.

All provisions of this contract are subject to the TOS

(Terms of Service) of OxfordHost Network and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment. This Agreement shall be construed in all respects in accordance with the laws of the country of United States.

Disclosure to Law Enforcement:

The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition OxfordHost Network shall have the right to terminate all service set forth in this Agreement.

Service Rates:

Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Payment:

Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Payments and Fees: Credit cards that are declined for any reason are subject to a £3.00 declination fee. Service will be interrupted on accounts that reach 5 days past due. Service interrupted for non payment is subject to a £10 econnect charge. Accounts not paid by due date may be subject to a £5.00 late fee. Accounts that are not collectable by OxfordHost Network may be turned over to an outside collection agency for collection. all account that are late more than three times and service has been interrupted will be required to pay a six month payment.

If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than £50 nor more than £100. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Refund and Disputes:

All payments to OxfordHost Network are non refundable. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in OxfordHost Network's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay OxfordHost Network an "Administrative Fee" of not less than £25 and not more than £75. Any and all refunds will be processed within 30 days back to the original owners credit card after we receive your cancellation request. No cash will be allowed for refunds. All prepaid hosting will not be refunded after the 30 day period. If ever an over charge you are required to contact billing@OxfordHost.com to resolve the issue. Do not initiate a charge back or you will be required to pay the administrative fees. Over charges can be applied back to your account.

Failure to Pay:

The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Late fee's will be charged for any account past due after 5 days.

Account Cancellation:

All requests for canceling accounts must be made by our online cancellation form .You must have all account information to cancel. If you account is not cancelled with a 30 day notice you will still be charged for the full month and your account will be cancelled at the next anniversary date. Account cancellations can not be done by email or phone. We need a copy for our records when canceling all account. Failure to cancel your account by using the online cancellation form will result in the account being active and charges will occur. Account cancellations pertain to dedicated clients and shared hosting clients. We will not cancel accounts by phone or email. There are no refunds after the 30 day trial period. Account cancellations during our 30 day money back guarantee will get a refund on your web hosting minus any setup fees.

Subscriber acknowledges:

That the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Support Boundaries:

OxfordHost Network, provides 24 x 7 technical support to our subscribers We limit our technical support to our area of expertise. The following is our guidelines when providing support: OxfordHost Network provides support related to your server or virtual site physical functioning.

OxfordHost Network does not offer tech support for application specific issues such as cgi programming, html or any other such issue. OxfordHost Network does not provide technical support for YOUR customers. If you can email, we encourage you to email helpdesk@oxfordhost.co.uk for assistance.

If you are able to get online and have other questions, the answers may be on our home page at - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.

Violation of OxfordHost Network's SPAM policy :

Will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, OxfordHost Network will initiate an immediate investigation (within 48 hours of notification). During the investigation, OxfordHost Network may restrict customer access to the Network to prevent further violations. If a customer is found to be in violation of our SPAM policy, OxfordHost Network may, at its sole discretion, restrict, suspend or terminate customer's account.

Further, OxfordHost Network reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. OxfordHost Network will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations for illegal activities

Will result in an immediate termination of your account. Local law enforcement will be contacted along with your current ISP. Any user of OxfordHost Network found to be sending out (spam) through our servers may be faced with administration fee’s up to £500. A full investigation will be conducted and your site will be disabled until the investigation concludes. If you get our Ip’s blacklisted your ISP will receive all information pertaining to the violation. Your domain registrar will also be contacted and sent all details about the offense. Your local law enforcement will be contacted as well. If you are signing up with full intent of sending out spam we will prosecute you to the fullest extent of the law in your country.

As our Customers are ultimately responsible for the actions of their clients over the OxfordHost Network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

Network:

IP Address Ownership: If OxfordHost Network assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to OxfordHost Network, and Customer shall have no right to use that Internet Protocol address except as permitted by OxfordHost Network in its sole discretion in connection with the Services, during the term of this Agreement.

OxfordHost Network shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by OxfordHost Network, and OxfordHost Network reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by Rack shacks new policies.

These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

Bandwidth and Disk Usage:

Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). OxfordHost Network will monitor Customer's bandwidth and disk usage. Subscriber also agrees that excessive hosting of media files is against the best interests of the shared hosting environment and as such agrees not to excessively host media files which are stored only for retrieval. What constitutes "excessive" is at the sole discretion of OxfordHost technicians.

OxfordHost Network shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in OxfordHost Network's sole and absolute discretion.

If OxfordHost Network takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

System and Network Security:

Users are prohibited from violating or attempting to violate the security of the OxfordHost Network. Violations of system or Network security may result in civil or criminal liability. OxfordHost Network will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data:

Not intended for such User or logging into a server or account, which such User is not authorized to access.

Attempting to probe, scan or test the vulnerability of a system or Network or to breach security or authentication measures without proper authorization. Attempting to interfere with service to any user, host or Network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation:

OxfordHost Network is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities. First violation: Any User, which OxfordHost Network determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation.

The service may be subject at OxfordHost Network's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second Violation:

Users that OxfordHost Network determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet.

In particular, if open relays are on your Network or a customer's Network, or if denial of service attacks are originating from your Network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Suspension of Service or Cancellation:

OxfordHost Network reserves the right to suspend Network access to any customer if in the judgment of the OxfordHost Network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which OxfordHost Network chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

OxfordHost Network:

Reserves the right to amend its policies at any time. All Sub- Networks, resellers and managed servers of OxfordHost Network must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.

Disable Software:

We reserve the right to review included features and/or disable features for security reasons. Software that runs on our servers can be disabled at any time for security reasons if we feel the need to do so.

You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification:

OxfordHost Network wishes to emphasize that in agreeing to the OxfordHost Network Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies OxfordHost Network for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to OxfordHost Network or the bringing of any claim against OxfordHost Network by any third-party. This means that if OxfordHost Network is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against OxfordHost Network, plus all costs and attorney's fees.

Miscellaneous Provisions:

You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof .Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

OxfordHost Network takes no responsibility for any material input by others and not posted to the OxfordHost Network by OxfordHost Network. OxfordHost Network is not responsible for the content of any other web sites linked to the OxfordHost Network ; links are provided as Internet navigation tools only. OxfordHost Network disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

OxfordHost Network is not responsible for any damages your business may suffer. OxfordHost Network does not make implied or written warranties for any of our services. OxfordHost Network denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by OxfordHost Network.

IRC Servers: I Shoutcast or Bit Torrent:

OxfordHost Network subscribers are not permitted to run IRC servers, shoutcast servers, or Bit torrent applications on any of OxfordHost Network servers. Adult Content: - Adult Content or links to Adult Content are not permitted on OxfordHost Network Servers.

Server Resources:

Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to reduce the resources used to an acceptable level, or upgrade its service to a semi-dedicated/dedicated server plan. We understand that some sites will be more resource-intensive than others. As such, all clients are permitted to use a maximum of 20% of CPU/RAM for no longer than 1 (one) minute at a time. Users constantly abusing our resources will be suspended and/or terminated. A site that is resource intensive may be better off to upgrade to a dedicated server.

SSH Usage:

All accounts are not SSH enabled, therefore, a request stating the purpose in which you need it for must be e-mailed to our support department if you are on the Ensim Pro servers or Cpanel servers. All activity will be closely monitored for any illegal or unlawful purposes. We will prosecute any illegal activity on our servers Back.