Untitled Document

Service Agreement for Bethrow Hosting Services

The Terms and Conditions below are to protect our customers from the activities of others and do not affect your rights & obligations under the consumer protection laws currently in force, including, but not limited to:

The Trade Descriptions Act 1968.
The Consumer Credit Act 1974.
The Sale of Goods Act 1979.
The Supply of Goods & Services Act 1982.
The Unfair Contract Terms Act 1977 & The 1994 Regulations.
The Consumer Protection Act 1987.
Consumer Protection (Distance Selling) Regulations 2000.
Use of a Bethrow Hosting Account or Service acknowledges that you have read and agreed to the following Terms and Conditions:

General

All accounts are operated according to our 'Acceptable Usage Policy'.

Commercial use of web and ftp space is permitted.

You may not store more data in your account than your allotted virtual server space.

Your virtual server (inc FTP and SSH access) is for your personal use only. You must not divulge the password to any other person, and you should take reasonable precautions to ensure that it is not discovered by other people.

Data stored on our servers is not guaranteed to be backed up. It is recommended that you keep an independent backup of all data stored on your virtual server.

You may not run server processes (eg. talkers/IRC Bots) from your virtual server.

When your account is closed, all files (including web pages, etc.) will be deleted.

We reserve the right to remove material deemed inappropriate from your web pages, without prior notice.

We reserve the right to cancel your account at any time without notice if our Terms and Conditions are deemed by us to have been broken.

You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your page(s).

We will carry out our work with reasonable care and skill and within a reasonable time but due to the nature of our industry we cannot guarantee availability of our services in respect to down-time and lost data. You are highly recommended to use the online backup feature to back up your own data. In the result of non-availability of service or data loss, our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services shall be limited to the charges paid by you in respect of the services which are the subject of any such claim. This does not affect your rights as a consumer.

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of services by us to you and your use of the services and the server, without limitation.

By logging into your account, or uploading files to it, you are indicating your acceptance of these Terms and Conditions.

SSH
SSH shell accounts are made available for editing and setting up your web site. It is not a development platform for issues unrelated to your web site.

You must not leave you home directory at any time.

You must not attempt to gain the privileges of another user.

Interfering with the following files will result in your ssh access being removed - .bash_history - .bash_logout - .bash_profile - .bashrc.

Virtual Control Panels
Any attempt to use the Virtual Control Panel for purposes other than it's intended use will result in your account being terminated.

Any attempt to obtain the source code and internal functionality of the Virtual Control Panel will result in legal action.

Data Transfer
Bethrow offers a set usage policy per package by maintaining very large ratios of bandwidth per customer. If your data transfer reaches the point where it has an adverse affect on other clients we reserve the right to disable your site until you can reduce your usage.

Each virtual server includes 1000Mb of data transfer per month, if you use more than this amount then you agree to pay for this bandwidth at a rate of 5p per MB. Extra data transfer may be pre-purchased at a discount.

Acceptable Use Policy

As a provider of web site hosting and other Internet-related services, Bethrow offers its clients and their subscribers/users the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Bethrow respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Bethrow reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Bethrow has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each client's respective service agreement and is intended as a guide to the clients's rights and obligations when utilising our services. This AUP will be revised from time to time. A client's use of Bethrow's services after changes to the AUP are posted on this web site, will constitute the client's acceptance of any new or additional terms of the AUP that result from those changes.

The following activities are prohibited:

Spamming - Sending unsolicited bulk and/or commercial messages over the Internet . It is not only harmful because of its negative impact on consumer attitudes toward Bethrow, but also because it can overload our network and disrupt service to other Bethrow clients.

Intellectual Property Violations - Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, companies, or other entities. We do not allow Warez - includes pirated software, ROMS, emulators. Also includes any sites which provide "links to" or "how to" information about such material. We do not allow copyrighted works including but not limited to commercial audio, video, or music files (e.g. MP3s). Bethrow is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement and reserves the right to immediately terminate the clients account.

Pornography, Obscene Speech, Adult Material, Defamatory or Abusive Language - Using Bethrow's systems to advertise, transmit, store, post, display, or otherwise make available pornography, adult material, obscene speech. Using Bethrow's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

IRC Bots and Talkers - You may not run server processes (eg. talkers/IRC Bots) from your virtual server.

Forging of Headers - Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks - Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, password cracking, IP spoofing, etc, or other information gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities - Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this AUP - Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

Other Illegal Activities - Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities - Engaging in activities, whether lawful or unlawful, that Bethrow determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

When subscribers/users obtain information through the Internet , they must keep in mind that Bethrow cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, Bethrow cannot accept any responsibility for injury to its subscribers/users that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When Bethrow becomes aware of harmful activities, however, it may take any action to stop the activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

Clients indemnify Bethrow for any violation of the service agreement, law, or other Bethrow policy, that results in loss to Bethrow or the bringing of any claim against Bethrow by any third-party.

We hope this AUP is helpful in clarifying the obligations of users of Bethrow's services and systems. Any complaints about a clients/subscriber's violation of this AUP should be sent to abuse@bethrow.co.uk

Privacy Policy

Privacy Statement

Bethrow is committed to safeguarding the privacy of our users while providing the highest possible quality of service. Any information collected about you shall be governed by the Data Protection Act 1998 and the Which? Web Trader Code of Conduct. If you have any queries regarding your personal information, please contact privacy@bethrow.co.uk We are registered under the Data Protection Act 1998, registration number PZ5435726.

Information Collected

We collect the information you supply to us through our online order forms, and whenever you email us. We also collect information automatically about your visit to our site via log files and through cookies which are used to store your shopping cart and order details whilst making a purchase. The information collected in this way can be used to identify you unless you modify your browser settings. We also automatically monitor and log your activity on our servers.

The type of information we will collect about you through our online order forms includes:

your name

address

phone number

fax number

email address

services ordered/provided

We do not keep any record of your credit card details whatsoever as all payment transactions are made through our third-party credit card merchant Worldpay plc.

This information is used to:

Fulfil your order

Contact you when your renewal is due.

To advise you of any difficulties regarding your domain name and hosting.

Confirm Identity

Fraud prevention

This information may be disclosed to:

companies that assist us in providing our services to you - Nominet UK, CSL GmbH, Thawte and Worldpay plc.

Statutory law enforcement agencies, investigating bodies

We do not send marketing emails to email addresses held/submitted to us whilst purchasing from our site.

"Access log information"
We collect the following information:

Click-stream data
HTTP protocol elements
This data will be used for the following purposes:

Completion and support of the current activity.
Web site and system administration.
Aid strategic development

Analyse usage patterns

This data will be used by ourselves and if required, Statutory law enforcement agencies, investigating bodies, Ombudsmen and regulatory authorities .

The following explanation is provided for why this data is collected:

'Our Web server collects access logs containing this information'.

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"Cookies"
We collect the following information:

HTTP cookies
This data will be used for the following purposes:

Research and development.
One-time tailoring.
This data will be used by ourselves and our agents.

The following explanation is provided for why this data is collected:

'Cookies are used to track visitors to our site, so we can better understand what portions of our site best serve you. We also use cookies to allow our server to maintain information about the contents of your shopping cart'.

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"Transaction info (required)"
We collect the following information:

Physical contact information
Online contact information
Demographic data
Purchase information
This data will be used for the following purposes:

Completion and support of the current activity.
Delivery of services.
This data will be used by ourselves and our domain registrars and other service providers.

The following explanation is provided for why this data is collected:

'Information we collect in order to process your purchase and provide services'.

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"Transaction info (optional)"
At the user's option, we will collect the following data:

Physical contact information
Online contact information
Demographic data
Purchase information
This data will be used for the following purposes:

Contacting clients for marketing of services or products.
This data will be used by ourselves. We will not give your personal details to any third-party for marketing purposes. We may bring your attention to our range of products and services if appropriate in answering a support question or when outlining your options on renewal of your account. We will not send marketing material to you at any other time unless specifically requested.

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Compact Policy Summary
The compact policy which corresponds to this policy is:

CP="NON DSP COR CURa ADMa DEVa TAIa CONa OUR DELa BUS IND PHY ONL
UNI PUR COM NAV DEM STA"
The following table explains the meaning of each field in the compact policy.

Field Meaning
CP= This is the compact policy header; it indicates that what follows is a P3P compact policy.
NON No access is available to collected information.
DSP The policy contains at least one dispute-resolution mechanism.
COR Violations of this policy will be corrected.
CURa The data is used for completion of the current activity.
ADMa The data is used for site administration.
DEVa The data is used for research and development.
TAIa The data is used for tailoring the site.
CONa The data is used for contacting the user.
OUR The data is given to ourselves and our agents.
DELa The data is given to delivery services.
BUS Our business practices specify how long the data will be kept.
IND The data will be kept indefinitely.
PHY Physical contact information is collected.
ONL Online contact information is collected.
UNI Unique identifiers are collected.
PUR Purchase information is collected.
COM Computer information is collected.
NAV Navigation and clickstream data is collected.
DEM Demographic and socioeconomic data is collected.
STA State-management data is collected

The compact policy is sent by the Web server along with the cookies it describes. For more information, see the P3P deployment guide at http://www.w3.org/TR/p3pdeployment.

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General

Our overriding objective is to handle all data fairly and securely. Any information you give us about yourself will be stored on Bethrow’s systems. The personal information which we hold will be held securely in accordance with our internal security policy, the Data Protection Act 1998 and the SafeBuy and ISIS accredited code schemes for best practice in internet trading.

We will never collect sensitive information about you without your explicit consent. If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first.

The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing privacy@bethrow.co.uk. If you find any inaccuracies we will be happy to delete or correct it promptly.

If you have any questions/comments about privacy, you should email us at privacy@bethrow.co.uk

Notification of Changes

If we decide to change our privacy policy, we will post those changes on here so you are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

Customer Service

We are dedicated to providing our customers with the highest levels of service and support.

Feedback

We realise how important and valuable our customers' comments are. All your comments about our web site, hosting services and support team - good or bad - will help us to make improvements. Your feedback is always gratefully received. If you have any suggestions on how we can improve our service, please do not hesitate to contact us at feedback@bethrow.co.uk

Customer Complaints

Bethrow aims to provide you with total satisfaction all of the time, however issues can and do arise. If you are dissatisfied you may wish to complain.

We treat complaints as a valuable opportunity to identify weaknesses in our procedures, so we can implement improvements to benefit all our customers. We encourage customers to contact us early so we can prevent issues becoming problems.

In the first instance you should contact us by emailing complaints@bethrow.co.uk

Complaints will be acknowledged within 24 hours and we will aim to resolve your issue quickly and effectively. We will give you feedback to what action has been done and how we propose to prevent the issue arising again. If we are unable to resolve your complaint within 7 days we will contact you prior to this to arrange a mutually acceptable timescale and action plan for the issue to be resolved.