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NuFuture Limited (NuFuture) has created this Acceptable Use Policy (AUP) for hosting customers to protect our resources, and the resources of our customers and peering networks in order to provide a high speed network, high availability services and to ensure that NuFuture comply with all relevant UK laws. This AUP must be read in conjunction with our Terms and Conditions.
It is the responsibility of all customers of the NuFuture network and services to ensure that they comply with the latest edition of the AUP at any given time.
This AUP may be revised, without notice, at any time, at the sole discretion of NuFuture. Completion of the relevant application form, or connection to the service for the first time, is deemed to be an agreement to our Terms and Conditions and this AUP.
In the event of a breach of this policy, NuFuture reserve the right to terminate all or part of any service with immediate effect, without recompense, and delete any files held on our servers.
If you have any questions about any of our policies, please contact the Customer Service Team here http://www.nublue.co.uk/web-hosting/contact-us
It is an offence under UK law to transmit, receive or store certain types of files.
Customers may not use our services to engage in activities, or store, transfer or receive material of an indecent, offensive or otherwise illegal nature. Any such activities may result in prosecution by the UK authorities under the relevant Criminal Acts including but not limited to the Computer Misuse Act 1990, the Protection of Children Act 1978, the Criminal Justice Act 1988 and the Prevention of Harassment Act 1997.
It is also a criminal offence under UK law to knowingly infringe intellectual property rights, such as copyright, patents, database rights and registered trade marks. Customers are reminded that sharing copyright material through the use of peer to peer software may consequently constitute a criminal offence if done without permission of the right owner in question. NuFuture will co-operate with any agency or rights holder wishing to assert their rights in these matters and NuFuture reserve the right to withdraw service under such circumstances.
The Data Protection Act 1998 imposes numerous duties on any organisation that processes personal data relating to third parties. Failure to comply with many of these duties constitutes a criminal offence. Customers who are not merely processing personal data for domestic (including recreational) reasons are reminded of their likely duty to register with the Information Commissioner.
Under the Electronic Commerce (EC Directive) Regulations 2002, NuFuture is in general not liable to any criminal or pecuniary penalty for any unlawful acts carried out using our service unless we have actual knowledge of those unlawful acts. Accordingly, if we become aware of credible evidence that a customer has carried out any unlawful acts we will take preventative measures to bring those acts to an end.
The Internet is global in reach. Consequently it is possible for anyone using the internet to break the laws of foreign countries. Customers are therefore advised to take all reasonable steps to avoid breaching relevant foreign laws.
Customer acknowledges that they have a responsibility to ensure that their connection is not used in an irresponsible manner. NuFuture deem irresponsible use of the services to include, but not be limited to, sending unsolicited e-mail ("spamming"), attempting to breach the security of a 3rd party machine, and flooding Usenet by placing a single post in a large number of newsgroups.
The customer acknowledges that any misuse of resources including but not limited to employing applications which consume excessive CPU time, memory or storage space; any file you store on the Server will be reachable via a hyperlink from a page. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances.
In the event that a customers services are used for any purpose that NuFuture deem irresponsible then NuFuture reserves the right to suspend service while the usage is investigated in consultation with the customer. Should investigation determine that the service has been used irresponsibly, NuFuture reserve the right to terminate the customers account with immediate effect. Wherever possible the customer will be notified in advance of any termination.
If your monthly bandwidth usage reaches the point where it has an adverse effect on other customers we reserve the right to restrict your bandwidth usage, without prior notice, until you can reduce your bandwidth usage or move to a suitable hosting solution for the site.
All accounts are set up on a prepay basis. Although NuFuture Ltd reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due every 30 or 365 days, from the date the account was established. Customers will automatically be charged again at the end of their prepay period unless confirmation of the wish to close has already been received.
In situations where the card number on file is declined NuFuture Ltd will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, NuFuture Ltd reserves the right to suspend other services until the outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a £20 administration charge. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.
You are required to have a valid credit/debit card and email address registered on your account at all times, failure to do so may result in suspension of your account.
No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase has been made. At this point the customer's card will be charged automatically. Any customer who requires a paper invoice will be charged for this service. All invoices are accessible through your billing control panel.
All payment is in UK sterling. All prices displayed are shown excluding UK VAT.
Our service warranties and the extent of our liability are explained fully in our Terms and Conditions.
By connecting to the NuFuture network, Customers agree to hold NuFuture harmless in the event of any legal claim regarding our services.
Login names and passwords must be kept secret and not be communicated to any third party. NuFuture must be notified immediately if they are compromised. If a customer forgets or loses their password, they will need to contact support to have it changed.
Customers are responsible for all traffic that is sent from their server. It is therefore the customers responsibility to ensure that all software is virus-free and up-to-date with all relevant security patches. In particular, server software running on public-facing ports, such as mail servers and proxy servers, must not be remotely exploitable.
If NuFuture find malicious traffic emanating from a customers server, NuFuture have an obligation to our other customers and peering networks to take urgent measures to block that traffic. In many cases, this can be achieved by selective port blocking, but in other cases, this will involve disconnecting and suspending the account until the issue has been resolved. NuFuture understand that in many cases a customer may not be responsible for or aware of the problem, and therefore NuFuture will work with the customer to resolve the issue as efficiently as possible to restore normal service.
Customers may not use NuFuture services to send unsolicited commercial e-mail (UCE, also known as 'Spam'). NuFuture will block the mail services of any customer found to be sending such mail.
Customers may not have "open mail relays". NuFuture will close the relay or connection of any customer found with an open mail relay.
Opt-in mailing lists are allowed, where it can be proved that subscribers did opt-in and that a suitable opt-out mechanism is available.
NuFuture reserve the right to remove any mail older than 60 days from shared mail servers. It is the customer's responsibility to ensure that mail is regularly collected and removed from NuFuture POP3 server. NuFuture strongly advise against the use of the POP3 option to keep mail on the server. If a POP3 mailbox contains an excessive amount of mail, NuFuture reserve the right to remove older mails from the mailbox to reduce its size.
By uploading to the services, the customer will be deemed to have accepted and agreed to the Terms and Conditions of use of the Web space service.
The Customer will be responsible for the content of their website, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law. NuFuture reserve the right, without notice or explanation, to remove material which does not comply with this AUP or our Terms and Conditions, such as material of an adult nature, pirated software.
NuFuture reserve the right to suspend any or all of the service at any time, without prior notice, explanation, or recompense.
Customers will be held solely responsible for any defamatory, confidential, secret or other proprietary material made available via their website. NuFuture reserve the right to suspend any sites containing such material. Customers must be careful when using peer to peer networking software to ensure that they do not download or transfer material which they do not have the right to download or transfer.
Login names and passwords must be kept secret and not communicated to any third party, except for agencies, such as Web page designers, working on the customers behalf. NuFuture must be notified immediately if they are compromised. If someone were to gain access to a customers account password, they could tamper with files held on the customers website.
The customer has sole responsibility for ensuring that any data is suitably backed-up. NuFuture will not keep backups of customers websites. NuFuture will accept no responsibility whatsoever for loss of data or information resulting from the use of this service.
If the account is suspended for any reason, such as non-payment, access to the customer's website, both for viewing and uploading, may also be suspended.
On closing an account, the relevant data on this Web space will be deleted.
The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority Enom. NuFuture Ltd customers shall ensure they are aware of those terms and conditions and comply with them. You shall have no right to bring any claim against NuFuture Ltd in respect of refusal to register a domain name. Any administration charge paid by you to NuFuture Ltd shall be non-refundable, notwithstanding refusal by the naming authority to register the desired name.
NuFuture Ltd shall have no liability in respect of the use of any domain name by you. Any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, NuFuture Ltd shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. NuFuture Ltd shall also be entitled to make representations to the relevant naming authority, but will not be obliged to take part in any such dispute.
NuFuture Ltd shall not release any domain to another provider unless full payment for that domain has been received by us. If any sum payable for domain name registration is not paid on or before the due date, NuFuture Ltd shall be entitled forthwith to withhold, suspend or cancel the provision of domain registration to you. Furthermore, if any sum payable for domain name registration is not received on or before the due date, automatic renewal of your domain name with the relevant naming authority Enom will be disabled. If any sum payable for domain name registration is not received on or before the due date, NuFuture Ltd shall be entitled, at our discretion and without giving any reason, to cancel further renewal of the registered domain name.
The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; ICANN in the case of .COM/NET/ORG and Nominet in the case of domain names ending with .UK you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name.
NuFuture Ltd shall not, under any circumstances, be liable or responsible for any errors, omissions or other actions by the registry administrator arising out of or related to Your application, receipt of, or failure to receive a domain name registration.
All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.
If an invoice is overdue, a warning of suspension notice will be sent to the account email address on the 3rd, 9th, and 14th day after the due date. If an invoice is unpaid for 16 days after the due date, the account will be suspended, and you will not be able to use your hosting or access your control panels. We will make every attempt to contact you by telephone before this point.
If, after 30 days, the amount is still outstanding, we will send a letter to the address on the account, detailing the outstanding invoice(s), and warning that if the amount is not paid, the account will be deleted. If, after 45 days, the amount is still outstanding, we will delete the account.
Please note that these time frames may vary if we are contacted or manage to contact you regarding the outstanding amount, as a different time scale may be agreed upon.
We will retain a copy of your account that can be restored after the 45 day period. This will be restored upon payment of the previous outstanding amount, in full, as well as a £10 exc. VAT administration fee.
We take no responsibility for any loss of business or data should your account be suspended or deleted for non-payment. Furthermore, the responsibility for keeping the contact details on your account up to date resides with you, and we are not accountable for any inability to contact you should your contact details be incorrect.
To cancel an account, we will require an email from the primary contact, or a letter from the account address, requesting that the account or portions thereof be cancelled, at least 30 days prior to the renewal date.
If the account is cancelled with notice as above, then any future renewal invoices will not be generated or will be cancelled if they have been generated. The account will be cancelled on the renewal date or earlier if agreed by both parties. There will be no refund for invoices already paid.
If the account is cancelled outside of the 30-day notice period (or after the renewal date for a domain registration) then any outstanding invoices for any products that are being cancelled will be due, and there will again be no refund for invoices already paid.
Please note that this does not include the cost of registering or renewing a domain name or an SSL certificate– these fees are non-refundable.
Any attempt to breach the security of any machine is forbidden. Attempting to do so will result in immediate account termination and possible further legal action. Users may not run any program that monitors network packet data or any program that compromises the privacy of network traffic.
It should be noted that attempting to breach security may lead to prosecution under the Computer Misuse Act 1990 or any other relevant criminal legislation.
Attempts to circumvent copy protection technology and encryption are also likely to be illegal under the Copyright Designs and Patents Act 1988 (as amended).
Customers may not mount an attack, by whatever means, against our system, or any other systems. Customers may not run unauthorised mailing lists from or through any of our machines or mail servers.
Any IP addresses assigned to customers are owned by NuFuture.
When using a quota-based service, it is the customers responsibility to remain within their usage quota. NuFuture reserve the right to delete files for over-quota users if disk space is affecting the normal running of the server.
Any domain purchase made with NuFuture as part of a special offer is subject to a £10 transfer-out fee, unless the domain has been renewed for at least one term.
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