Terms of Service
   Welcome to the PC Works NI Terms of Service for our Hosting plans

What follows is the complete set of terms and conditions all clients must accept and adhere to if using our hosting and domain services.


PC Works NI agrees to provide the client web hosting for a monthly/annual fee. PC Works NI will never require clients to advertise for PC Works NI on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Client is allowed to use site for business/commercial or personal websites or content.

Content:

All services provided by PC Works NI may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless PC Works NI from any claims resulting from the use of the service which damages the subscriber or any other party.

Note:

Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. PC Works NI will be the sole arbiter as to what constitutes a violation of this provision.

Examples of non-acceptable content or links:

- Pirated software
- Hackers programs or archives
- Warez Sites
- Porn
- Spamming Software

Background-running Programs:

As a general rule we do not allow background-running programs. We may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Banned Scripts:

You are free to use any scripts you wish provided they do not affect the normal operations of the server. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, PC Works NI reserves the right to disable the account pending client cooperation and resolution.

Chat servers/scripts of any kind are strictly prohibited. As are running or compiling Daemons. Chat scripts, especially CGI and/or PHP scripts, have proven to be disruptive on community servers and can hinder the performance of normal delivery for other Site Owners.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials:

Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights:

Material accessible to you through PC Works NI's Services may be subject to protection under United Kingdom (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the PC Works NI Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the PC Works NI Network. If you use a domain name in connection with the PC Works NI Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security:

Customers may not use the PC Works NI Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. PC Works NI will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Defamation:

Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service:

PC Works NI reserves the right at its sole discretion to refuse or cancel service. Violation of any of PC Works NI's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer.

Spam Or Unsolicited E-Mail:

You must not use the PC Works NI Network, PC Works NI equipment or any PC Works NI email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the PC Works NI Network, PC Works NI equipment or any PC Works NI email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, PC Works NI reserves the right to disable your domain without warning. In addition, PC Works NI may impose a £100 penalty for each spam policy violation. PC Works NI solely reserves the right to refuse or cancel service to known spammers. Lastly, PC Works NI reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Abuse:

Any attempts to undermine, slander, libel, threaten, or cause harm to a PC Works NI server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Indemnification:

Customer agrees that it shall defend, indemnify, save and hold PC Works NI (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against PC Works NI, 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 PC Works NI against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with PC Works NI server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of PC Works NI to the amount paid for service.

Free Domain Offer:

The terms & conditions for our free domain name offer are plain and simple. We will register the domain name for 1 year (2 years for .uk domains) on your behalf. All we ask is that you stay hosting with us for a minimum of 3 months. If you decide to leave before 3 months and you want to take the domain with you we will only release it once you have paid our normal domain registration fee. If you stay for 3 months or longer and then decide to leave you are free to take the domain at no charge.

Refunds Policy:

You may cancel your account at any time before your monthly billing date, and you will not be billed for the next month.

If you are paying annually for web site hosting services, we will issue a pro-rata refund for months not used.

Disclaimer

PC Works NI will not be responsible for any damages your business may suffer. PC Works NI makes no warranties of any kind, expressed or implied for services we provide. PC Works NI disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by PC Works NI and its employees. PC Works NI makes no "uptime" guarantees.

PC Works NI keeps backups of key server systems only. PC Works NI can accept no responsibility for any loss of data or consequences arising from this. PC Works NI always advises clients to back up their site data regularly for its own protection.

PC Works NI furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of PC Works NI. A customer's failure to comply with those laws will violate this policy.

If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with PC Works NI then PC Works NI will not be responsible for maintaining hosting for the resellers customers.

Finally, PC Works NI wishes to emphasize that in accepting services, customers indemnify PC Works NI for the violation of any law or PC Works NI policy, which results in loss to PC Works NI or the bringing of any claim against PC Works NI. This means that if PC Works NI is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against PC Works NI, plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.

PC Works NI reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.
 

 

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