All customers agree to comply with Theserve's Acceptable Use Policy ("AUP") which is designed to help safeguard the rights of other customers and internet users in conformity with the requirements of Theserve's network environment. This AUP is not exhaustive and Theserve reserves the right to make alternations or additions at any time, effective upon publication.
The failure by any customer to meet or follow the AUP is grounds for service suspension. Theserve will be the sole arbiter in deciding what constitutes a violation of the AUP. Theserve reserves the right to remove or suspend any services without prior notice.
When Theserve becomes aware of an alleged violation of the AUP an investigation will be initiated. During such investigation customer access may be restricted in order to prevent further potentially unauthorised activity.
Depending on the outcome of the investigation Theserve may, at its sole discretion, restrict, suspend or terminate a customers services and/or pursue other civil remedies. If any violation of the AUP is deemed to be a criminal offence, Theserve will notify law enforcement agencies.
Any claims under SLA will not be met through service suspension as a result of AUP violation.
Customers are required to use the Theserve network responsibly. This includes respecting other customers of Theserve. Theserve reserves the right to suspend, cancel service or take action with any customer who uses the Theserve network in such a way that adversely affects other Theserve customers. While Theserve monitors its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Theserve does not monitor its customers' communications or activities to determine whether they are in compliance with the AUP. However, when Theserve becomes aware of any violation of the AUP or other user agreements, Theserve may take any action to stop or correct such violation, including, but not limited to, denying access to Theserve's services and equipment or to the Internet. In addition, Theserve may take action against a customer or a customer of such customer because of the activities of such customer. Theserve anticipates that customers who offer Internet services will cooperate with Theserve in any corrective or preventive action that Theserve deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Theserve policy and Theserve reserves the right to take any such action even though such action may affect other customers of the Theserve customer.
Theserve's servers and network 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, or that may directly facilitate the violation of any particular law or regulation, is strictly prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorisation; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.
Abuse of Theserve's systems or network is strictly prohibited and may result in criminal and civil liability. Examples of system or network abuse include, without limitation the following: unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; 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.
Security or Vulnerability scans, either from a customer or third party, whether by passive or intrusive techniques, are strictly prohibited without Theserve's written consent.
Use of Theserve’s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is strictly prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Theserve’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Theserve reserves the right to immediately suspend, terminate, transfer, or modify your domain name registration for reasons including:
You agree that you shall not receive any refund whatsoever for any such suspension, termination, transfer, or modification to your domain name registration.
Spamming, the sending of unsolicited mass email from or through a Theserve system or using an email address that is maintained on a Theserve machine is strictly prohibited. Theserve will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a website hosted on an Theserve server, or if they sell or distribute software on their website that facilitates spamming. In addition, any bulk or commercial email must meet the following requirements:
Any violations will result in immediate service suspension and possible administration charges.
Please report any instances of spamming from Theserve specific servers/IP's to email@example.com, detailing as much information as possible, clearly identifying the source of the unsolicited email. This will then be investigated, dealt with and replied to promptly.
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach.
The use of Theserve's services to store, post, display, transmit, advertise or otherwise make available child pornography is strictly prohibited. If Theserve becomes aware of the presence or transmission of any child pornography it will notify law enforcement agencies and terminate any corresponding services.
The use of Theserve's services to store, post, display, transmit, advertise or otherwise make available extreme religious or racial views is strictly prohibited. If Theserve becomes aware of the presence or transmission of such content it will notify law enforcement agencies and terminate any corresponding services.
Customers accept sole liability for any material which is subject to copyright or is judged to be of an unlawful nature or is judged to be in violation of UK or international law or regulation and as such agree to pay to Theserve any costs incurred in the defence by Theserve of any action brought against them by a third party arising from such claims.
The Digital Millennium Copyright Act ("DMCA") sets forth the requirements for valid copyright infringement notification. If you would like to notify Theserve of an infringement of your copyright, the DMCA requires that you:
Send your notification to us by either;
Include in your notification the following information:
If Theserve is made aware of copyright violation it will notify law enforcement agencies and terminate any corresponding services.
Customers accept sole liability for any material which is judged to be defamatory or in violation of UK or international law or regulation and as such agree to pay to Theserve any costs incurred in the defence by Theserve of any action brought against them by a third party arising from such claims.
If Theserve is made aware of defamatory content the content will be removed and Theserve will terminate any corresponding services.
Any shared website customer that uses a high amount of server resource (such as, but not limited to, CPU time, memory usage, or network resource) will be given the option to upgrade to a more appropriate service or reduce the resources used to an acceptable level. Theserve shall be the sole arbiter of what is considered to be a high server usage level. Any web hosting account deemed to be adversely affecting server performance or integrity will be shut down without prior notice.
Theserve's shared web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. Theserve's shared web hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. If you wish to distribute software and/or multimedia files, please contact firstname.lastname@example.org for a more suitable service.
Upon request Theserve may permit scheduled tasks and/or cron jobs to allow background processing. However if such tasks are deemed to adversely affect server performance the tasks may be suspended or altered to run at an alternative frequency.
CGI script sharing with domains not hosted by Theserve is not permitted. Any CGI scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Any databases stored on Theserve's servers shall be limited in size (diskspace) according to that particular domain's plan/web hosting account. Any customer exceeding acceptable size or resources will be given the option to upgrade to a more appropriate service or reduce the resources used to an acceptable level.
Any email accounts stored on Theserve's servers shall be limited in size (diskspace) according to that particular domain's plan/web hosting account. Any customer exceeding acceptable size or resources will be given the option to upgrade to a more appropriate service or reduce the resources used to an acceptable level.
Theserve does not allow IRC or IRC bots to be operated on our servers. Theserve allows customers with their own servers the use of IRC inside the Theserve network as long as the use of IRC on a Theserve server does not violate any of the other terms of this AUP.
Bandwidth allocations will be calculated as an average across a calendar month, unless alternative (eg 95th percentile) calculations have been agreed. If customers exceed their agreed monthly bandwidth allocation they may be liable for additional charges. Any customer continually exceeding bandwidth allocation will be given the option to upgrade to a more appropriate allocation or reduce the bandwidth used to an acceptable level.