Terms and Conditions

Use of DIRECT WEBSITE HOSTING service constitutes acceptance and agreement to DIRECT WEBSITE HOSTING AUP (Acceptable Use Policy) as well as DIRECT WEBSITE HOSTING TOS (Terms of Service). From here with in this TOS, AUP, and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute reference to DIRECT WEBSITE HOSTING, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of DIRECT WEBSITE HOSTING.

Acceptance of Contractual Agreement

1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written or verbal contract, and receipt of such order by DIRECT WEBSITE HOSTING, that you are agreeing to our TOS, AUP, and SLA. No modifications of said contract by customer is allowed.

2. DIRECT WEBSITE HOSTING will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

3. In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds allotted amount, specified in Customer's contract, Customer will pay DIRECT WEBSITE HOSTING any additional fees as specified in the Service Description within three (3) days of invoicing period. Any bandwidth overage bill not paid within three (3) days of invoicing will be subject the server and services to suspension.

Network Uptime

Network uptime constitutes the total time in a calendar month that the DIRECT WEBSITE HOSTING network is available through the Internet, provided that Client has established connectivity. DIRECT WEBSITE HOSTING takes responsibility for Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, 99% of each calendar month.

Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled “Network Uptime” above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in DIRECT WEBSITE HOSTING Network as confirmed by DIRECT WEBSITE HOSTING. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

Scheduled Downtime is any DIRECT WEBSITE HOSTING scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide better service to you. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail or forum announcement with a minimum of 12 - 24 hours notice.

SLA Network Violation Credit

Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability: Scheduled downtime, problems outside of DIRECT WEBSITE HOSTING network (upstream providers, or client’s inbound connection) not effecting 100% loss to our network, interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse, or over utilization of resources, hacked servers, attacks, exploits, server hardware failures, or other users on server to cause the server to overload which may cause downtime. We will do our best to remove such offenders immediately.

Payment

Establishment of this service is contingent upon receipt of payment from Customer to DIRECT WEBSITE HOSTING. Subsequent payments are due on the anniversary date of the month for that service. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

Payments and Fees
Payment is due on the defined date of the annual billing date. Payments that are declined for any reason are subject to a £10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for non-payment is subject to a £200.00 reconnect charge. Accounts not paid by due date are subject to a £10.00 late fee. Accounts that are not collectable by DIRECT WEBSITE HOSTING will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than Fifty (£50.00) nor more than One Hundred, Fifty (£150.00).

Delinquent Accounts

DIRECT WEBSITE HOSTING may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

Account Cancellation

All requests for cancelling any service / services must be made in writing with at least 15 days notice but not more than 30 days prior written via email via the contact us form. Please include your domain name and full name on file in your email.

Refunds and Disputes

All payments to DIRECT WEBSITE HOSTING are non-refundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, in DIRECT WEBSITE HOSTING discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service.

Dedicated Server Restore

DIRECT WEBSITE HOSTING is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. DIRECT WEBSITE HOSTING shall not be liable for loss of data under any circumstance.

Modification

DIRECT WEBSITE HOSTING reserves the right to add, delete, or modify any provision of this policy at any time without notice


Use policy
DIRECT WEBSITE HOSTING is dedicated to providing a top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our clients while satisfying our legal and ethical responsibilities.

Failure to follow any term or condition will be grounds for immediate account deactivation without notice. DIRECT WEBSITE HOSTING will be the sole arbiter as to what constitutes a violation of any of these provisions.

Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.

Illegal Usage

DIRECT WEBSITE HOSTING servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links include: Pirated software, hacker programs or archives, warez sites, IRC bots, and MP3 files distributed without the explicit permission of the copyright holders. The subscriber to DIRECT WEBSITE HOSTING service agrees to indemnify and hold harmless DIRECT WEBSITE HOSTING from any claims resulting from the use of the service that damages the subscriber or any other party.

DIRECT WEBSITE HOSTING will be the sole arbiter as to what constitutes a violation of this provision.

Adult Content

Legal adult content is allowed on the DIRECT WEBSITE HOSTING network; however child pornography of any kind will not be tolerated. If material of this nature is discovered, your account will be terminated immediately and will be reported to the proper law enforcement agents.

Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data, or traffic. Interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Server Resource

Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra for a dedicated or semi-dedicated server (depending on resources required) or reducing the resources used to an acceptable level.

DIRECT WEBSITE HOSTING shall be the sole arbiter of what is considered to be a high server usage level.

Background Running Programs

DIRECT WEBSITE HOSTING does not allow background daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.

IRC

DIRECT WEBSITE HOSTING does not allow IRC or IRC bots to be operated on our servers.

Backups

DIRECT WEBSITE HOSTING performs weekly backups on all servers to ensure critical files are never lost. However DIRECT WEBSITE HOSTING is not responsible for lost data, time, income, or any other resource due to faulty backups or non-existent backups. Please always backup your own data for redundancy.

Client Responsibility

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of free for all links pages). Use of DIRECT WEBSITE HOSTING service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTP transfers of web contents, graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of DIRECT WEBSITE HOSTING to provide this knowledge or support outside matters specific to DIRECT WEBSITE HOSTING servers. Our support service is not 24 hours day, but we will endeavour to meet client expectations.

UCE (Unsolicited Commerce Email) - SPAM

Spamming, or the sending of mass unsolicited email, from or through a DIRECT WEBSITE HOSTING server or using an email address that is maintained on a DIRECT WEBSITE HOSTING machine is strictly prohibited. DIRECT WEBSITE HOSTING will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a DIRECT WEBSITE HOSTING server as a maildrop for responses, you are in violation. Violators will be assessed a minimum of £200.00 fine and will face an immediate suspension.

Server Abuse

Any attempts to undermine or cause harm to a DIRECT WEBSITE HOSTING server or customer of DIRECT WEBSITE HOSTING is strictly prohibited.
Any sub-networks of DIRECT WEBSITE HOSTING and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.

Software Distribution

DIRECT WEBSITE HOSTING shared web hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact us via the form on this site for special arrangement.

Domain Names

DIRECT WEBSITE HOSTING will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. DIRECT WEBSITE HOSTING does not take responsibility for failing to renew domain names. If your domain name was registered by our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk.

Actions Taken by DIRECT WEBSITE HOSTING

The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. DIRECT WEBSITE HOSTING will be the sole arbiter as to what constitutes a violation of the AUP. DIRECT WEBSITE HOSTING reserves the right to remove any account without prior notice.

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

DIRECT WEBSITE HOSTING does not issue credits for outages incurred through service disablement resulting from AUP violations.

DIRECT WEBSITE HOSTING customers agree to indemnify and hold harmless DIRECT WEBSITE HOSTING from any claims resulting from the use of our services that damages them or any other party. The DIRECT WEBSITE HOSTING service is provided on an as is, as available basis without warranties of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. DIRECT WEBSITE HOSTING expressly disclaims any representation or warranty that the DIRECT WEBSITE HOSTING service will be error-free, secure, or uninterrupted. No oral advice or written information given by DIRECT WEBSITE HOSTING, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. DIRECT WEBSITE HOSTING 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.

Refusal Of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Modification

DIRECT WEBSITE HOSTING reserves the right to add, delete, or modify any provision of this policy at any time without notice.

Service:
Coverage

This Web Site Availability Service Level Agreement applies to you if you have ordered any shared or reseller hosting plans ("Service") and you are in good financial standing with DIRECT WEBSITE HOSTING.

Service Level

DIRECT WEBSITE HOSTING endeavours to have network connectivity available for HTTP access by third parties 99% of the time ("Web Site Availability").

Restrictions

Credits shall not be provided to you in the event that you have no Web Site Availability resulting from (i) scheduled maintenance, (ii) your behaviour or the performance or failure of your equipment, facilities or applications, or (iii) circumstances beyond DIRECT WEBSITE HOSTING reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike, or other labour disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your Web Site.

Limitations

Online problems occur continuously. There might come a time when you cannot access your website or any other service. This is not necessarily due to DIRECT WEBSITE HOSTING. Perhaps your ISP is experiencing technical difficulties, or there might be a routing problem between your ISP and DIRECT WEBSITE HOSTING, making communication difficult or impossible. We cannot bear the responsibility of such problems. Our monitoring agents determine the uptime of our service, and not any one client's experience.

Modification

DIRECT WEBSITE HOSTING reserves the right to add, delete, or modify any provision of this policy at any time without notice.