Terms of Service
Our hosting terms and conditions are standard please read carefully before ordering.
Unless otherwise stated, the following definitions apply to this document:
- "we", "us", and "our" are references to Cypanet;
- "you", "your" and "customer" are references to the person paying for services from Cypanet having entered into this agreement;
- "services" are web hosting, domain registration, reseller rights, outsourced support, email and other services or facility provided by us to you;
- "server" is the computer equipment operated by us in connection to the services provided;
- "order" means a request made by the customer to us for services to be supplied subject to these conditions;
- "charges" are the charges payable by the customer for the provision of services details of which can be found on http://www.Cypanet.com and may vary from time to time.
The words "include" and "including" are to be construed without limitation.
The headings in this document are for convenience only and shall not affect the interpretation of these conditions.
2. Ordering process
2.1 Order acceptance
We have not accepted a customer application and order until account setup and you receive the 'welcome' email including all details specific to your account. Until this time, we reserve the right to refuse, cancel or reject any order made by the customer. In such cases, a full refund will be made using the same method as payment was originally made.
3.1 Spam / Unsolicited Mass E-mail
The sending of Unsolicited Commercial Email (SPAM) through our servers promoting any website or through third party servers promoting a website hosted by us can result in the suspension or termination of the customers web hosting account without refund. Mailing lists may be operated as long as individuals choose to subscribe to receive mailings and the mailing list software in use is that provided in our supplied control panels. Any complaints received are taken seriously and will be investigated. We do not allow our servers to be used for mass email storage, email accounts that are constantly full causing email problems on our servers will be deleted.
3.2 Chat Rooms
Only the chat room scripts provided for the customer in their control panel are allowed on our server. Any other scripts found will be disabled and the account suspended in serious or repeat cases.
3.3 Account Use
Under no circumstances must our servers be used for the hosting or communication of, reference to or linking to any of the following:
3.3.1 nudity, pornography, anything of a sexual, lewd, or obscene nature;
3.3.2 violations of any copyright or any other right of any third party;
3.3.3 threatening, abusive, harassing, defamatory statements;
3.3.4 promotion of illegal activities (hacking, cracking, etc);
3.3.5 information or software containing or about any kind of virus;
3.3.6 hate speech or hate propaganda;
3.3.7 the collection of personal information for illegal purposes;
3.3.8 content deemed by us at our sole discretion to be harmful to us;
3.4 Banned scripts
We do not allow the use of the following scripts on our servers:
- CGI/Perl version of YABB
- Proxy scripts
- IRC scripts
- Chat rooms not included as standard in the cPanel
- phpShell and similar command execution scripts
4.1 Payment schedules
The customer agrees to supply appropriate payment for the services received from us in advance of the time period during which such services are provided.
All invoices will be sent via email. Customers are required to pay their invoice in advance at the beginning of each payment term using the available method of your choice within 5 working days of the invoice issue date.
4.3 Bank charges
Customers are responsible for the provision of sufficient funds in their account and we will not be held responsible for any charges incurred as a result of overdrawing of the bank account or credit card or as a result of failed transactions. There will be a £25 processing fee for each cheque returned unpaid.
All invoices and payments are processed in GB Pound Sterling (£) with conversions will be made by the credit card company of the customer. Prices shown in any other currencies on this website or other promotional material is to be treated as a guide only and may be inaccurate due to changes in the exchange rates. All customers are advised to check amounts using accurate recent exchange rates before ordering.
5.1 Regularity and policy
Backups are made by us each day on an incremental basis and each week on a full basis, however, no guarantee's are made of any kind as to the integrity of these backups. Backup measures are in place to assist in the event of hardware failure warranting a full system restore and no data can be obtained from backups on a single account basis. All customers are strongly advised to regularly download their own backups from their control panel where a zipped archive is provided daily of all account files and databases.
6. Resource Use
6.1 CPU & Memory
All accounts are monitored for their use of server resources. If any account is using a high amount of server resources we will contact the customer to discuss the issue with them. In serious cases where an account is using a considerably large amount of system resources (memory, CPU etc.) the account may be suspended or script disabled without notice to maintain the smooth running of the server.
6.2 Data transfer and webspace allocations
Customers can request a package upgrade or temporary resource increase at the costs available to view on our website at http://www.Cypanet.com. It is the sole responsibility of the customer to contact us in advance of requiring extra resources to prevent account suspension. In some cases, accounts are automatically suspended when their resource limits have been reached and manual unsuspension is required by us.
7. Customer Responsibility
7.1 Contact Information
The customer is responsible for keeping their contact details up to date in their billing control panel. We cannot be held responsible for communication mixup's as a direct result of the customers failure to update their details.
7.2 Sensitive data
Customers are responsible for keeping their usernames, passwords and other sensitive data safe. If a breach is suspected, the customer is required to request a change of login details by contacting support staff.
7.3 Intellectual property rights and other consents
You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisation's in respect of the Services, including without limitation, clearance and/or consents in respect of your proposed domain name and merchant services agreements between you and the relevant banks in respect of your operation.
8. Contact procedure
8.1 If a breach of these terms and conditions is found we will, at our sole discretion, determine whether it is a serious or minor breach. If a serious breach of these terms is found we reserve the right to suspend the account(s) of the customer in question or disable any part of the account before contacting them. We will however make an attempt to contact the customer prior to suspension in the event of a minor breach using the email address we have on record for your account. If no reply is received within 3 days we will escalate the status of the breach to a serious breach and may suspend the account(s).
9. Limitation of Liability & General Terms
9.1 We are not responsible for any claimed damages, which may result from our servers going offline, or being unavailable for any reason. This includes damages which may result from the corruption or deletion of data. The customer agrees to indemnify and hold us and our employees harmless from any claims, damages, including but not limited to consequential damages resulting from the use of the service which damages the customer or any other party.
9.2 We will cooperate fully with investigations of violation of systems or network security at other sites and will cooperate with law enforcement authorities in the investigation of possible criminal violations. Customers who violate these terms may incur in criminal or civil liability.
9.3 For clients with multiple accounts we reserve the right to suspend all accounts should the main account owner violate these terms and conditions in a manner deemed by us to be extremely serious.
9.4 We will be the sole arbiter as to what constitutes a violation of these terms and conditions. The failure by a customer to meet or follow any of the above terms and conditions is grounds for account suspension or deactivation.
10. Termination And Refunds
10.1. We shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you If you:
10.1.1. fail to pay any sums due to us as they fall due.
10.1.2. break any of these terms and conditions.
10.1.3. are a company and you go into liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors.
10.2. No refunds will be made under any circumstances for Services suspended in accordance with 10.1.
10.3. We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You will be entitled to a pro rata refund based upon the remaining period of prepayment.
10.4. You may cancel the Services at any time. To do so you must request cancellation of the Services in writing including your account username and password. We will cancel the Services within 2 working days of receipt of your request.
10.5. During the first 7 days of Services, You are entitled to a refund of the basic hosting plan rental fee should You decide to cancel the Services. No full refunds or pro rata refunds will be made after the first 7 days of service should You decide to cancel the Services.
10.5.1. Domain name registration fees, charges for additional data transfer and charges for optional extras added to your account are not refundable under any circumstances.
10.5.2. You will not be entitled to a refund on this basis if you have previously held an account with Cypanet.
10.6. Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
10.7. On termination of this Agreement or suspension of the Services we shall be entitled immediately to stop access to your Web Site and to remove all data located on the Server.
We reserve the right to suspend any account after 7 working days have passed without due payment being received. Any added time for payment will be at our sole discretion. If your account is suspended or terminated for any reason permitted by the Service Agreement, you will be charged a reconnection fee to restart your account. The reconnection fee for suspended accounts is £10.00. A terminated account may be reconnected, at our sole discretion, for a fee of £25.00.
11.1 We reserves the right to add, delete, or modify these Terms and Conditions, our hosting packages, prices and website at any time with notice provided via WWW and announcements in our forum and/or customer control panel(s). All customers are encouraged to check this document at least once a month to ensure they are aware of any changes.
12.1The Customer agrees to indemnify and hold Cypanet and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Cypanet arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.
13 LIMITATION OF LIABILITY
13.1 Nothing in these terms and conditions shall exclude or limit Cypanet liability for death or personal injury resulting from Cypanet's negligence or that of its employees, agents or sub-contractors.
13.2 The entire liability of Cypanet to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
13.3 In no event shall Cypanet be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Cypanet had been made aware of the possibility of the Customer incurring such a loss.
Any questions concerning the above stated terms and conditions should be e-mailed to us before ordering.