Last revised 4th April 2018
This agreement is made between Alpha Internet Limited t/a Gnu Host, a limited company registered in England and Wales with company number 11162310 and VAT Registration Number GB 290 7407 92, with the registered office 8 Rose Tree Meadow, Lostock Gralam, Northwich, United Kingdom, CW9 7PA ("Gnu Host" and “Alpha Internet Limited” ("we", "our", "us" etc.) which expression shall include all or any of its subsidiaries, agents, successors and assigns), and you the customer ("Customer" ("Subscriber", "you", "the Client" etc.) which expression shall include its permitted successors and assigns).
Zero Tolerance towards Abuse
Customers are responsible for all scripts, data and other objects on their accounts. Abusive scripts are scripts which interfere with our systems and/or the accounts of other customers, cause harm to any other computer system or user, or engage in any type of fraudulent activity. Any account found to be the source of abusive scripts will be immediately suspended and investigated, and subject to action as detailed under Illegal Content below. We will always notify customers and, where necessary, fully co-operate with the authorities.
You must not use the service for the transmission of illegal material. You agree to refrain from sending or receiving any materials which may be deemed to be offensive, abusive, indecent, defamatory, obscene, menacing or otherwise as prohibited by current and future statutes in force. You agree to refrain from sending or receiving any material which may be in breach of copyright (including Intellectual Property Rights), confidence, privacy or other rights. If you are in any doubt as to the legality of what you are doing or propose to do, you should take independent legal advice.
- All content uploaded to your hosting service, including dedicated and VPS servers must conform to UK and Germany law. It is the user's sole responsibility to ensure this. Storage, distribution of or transmission of illegal materials may lead to an investigation and possible prosecution by the relevant authorities.
- For Unlimited Hosting Plans, all content must comply with our Unlimited Usage Policy.
- You may only use a service for it's intended purpose. For example, web hosting services are not designed for web hosting - activities such as file, video or image hosting, sending excessive emails or backup space will result in immediate termination, without reimbursement.
- You must not gain or attempt to gain unauthorized access to any computer systems for any purpose. Such action may lead to criminal prosecution under the Computer Misuse Act.
- You must not send data to the internet using forged addresses or data which is deliberately designed to adversely affect remote machines (including but not limited to denial of service (DDoS), worms and viruses, trojans and ping storms).
- You must ensure that local PCs and network connected servers are not configured to allow open relay and must not participate in the sending of unsolicited bulk email (commonly referred to as 'spam’,'UBE','UCE' ).
- You are prohibited from running 'port scanning' or other software intended to probe, scan, test the vulnerability of or access remote systems or networks except in circumstances where the remote user has given express permission for this to be done. We may ask for evidence of such permission.
- You must take all reasonable steps to ensure that your password and login credentials remain confidential.
- Open proxy servers are not permitted under any circumstances and will result in immediate termination of service.
- Sites must not contain 'hateful' material or content which seeks to incite hate.
- Sites must not contain images, videos, depictions or descriptions of pornography which is unlawful in the UK or which is deemed to be distasteful at our sole discretion.
- Sites must not contain 'warez', copyrighted music/videos or links to such content. It is the sole responsibility of the user to ensure that they have the rights to distribute any content displayed on their website.
- Sites must conform to UK and Germany copyright law.
- We undertake to take action required under the provisions of the Regulation of Investigatory Powers Act and will fully cooperate with the appropriate UK authorities.
The following activities are prohibited on Alpha Internet Limited's servers:
- Engaging in any activity that, in Alpha Internet Limited's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Alpha Internet Limited's business, operations, reputation, goodwill, Customers and/or Customer relations, or the ability of Alpha Internet Limited's Customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Customer to cooperate with Alpha Internet Limited in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Customer constitutes a violation of these Terms by the Customer.
- No Customer may utilize the Services to engage in the illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription.
- No Customer may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.
- Profanity or profane subject matter in the site content and in the domain name are prohibited.
- Customers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent's consent in the case of a minor).
- Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
- Use of the Services 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 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 the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
- "Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
- Alpha Internet Limited does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.
- The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Alpha Internet Limited is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
- The use of the Services to engage in any activity that is determined by Alpha Internet Limited, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, failure to comply with applicable on-line privacy laws or any executive orders, as well as any rules, regulations or orders issued by the Office of Foreign Asset Controls ("OFAC"). Alpha Internet Limited will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
- Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
Acceptable Email Usage
We have a zero-tolerance policy against spam and the sending of bulk, unsolicited e-mail is prohibited at all times. Customers who abuse the email service will be notified that their behaviour is unacceptable and may have their accounts suspended, terminated or blocked at our sole discretion.
- You agree not to send emails that might cause annoyance, inconvenience or anxiety to a recipient.
- You agree not to send any emails likely to cause distress or any material which is offensive, indecent, obscene, menacing or in any way unlawful.
- You agree to have a clear opt-out policy in all newsletter communications.
- You must not use our mail services or network to send email to any user who does not wish to receive it.
- You must not use our mail services or network to send unsolicited email, in bulk (commonly known as 'spam') or individually.
- You must not use our mail services or network with intent to deprive others of service ('mail bomb').
- You must not use false mail headers or alter the headers of mail messages in such a way as to conceal the identity of the sender.
- You must not use any email address that you are not authorized to use.
- You must ensure that any email servers connected to our network and operated by you are not configured to allow 'open relay'.
- You must take full responsibility for your own email reputation; Alpha Internet Limited cannot guarantee a positive reputation.
Web usage includes the use of web space provided with client accounts, web hosting on our servers and the use of web services and space on customer colocated servers. We cannot and do not proactively monitor content on any web space maintained by customers (whether customer space, web hosted or colocated services) and cannot and do not guarantee that such sites are free of illegal content or other materials that may be considered unacceptable.
- You undertake sole responsibility for the content of web pages owned and/or operated by you - whether, on client pages, web-hosted space or colocated servers - within our domain or other domains hosted within our network.
- You undertake sole responsibility to ensure that all materials on any website owned or operated by you contains material that you have created or have permission to use.
- You undertake sole responsibility for any dispute involving Copyright or Intellectual Property Rights associated with your site or service.
- You must not use your website or web service to promote or distribute any material or content that is illegal (under any current or future legislation). You should be aware that the internet is a global communications network and what may be legal in the UK may be illegal elsewhere and leave you liable to prosecution in another country.
- Legal adult content as defined by UK law is not allowed on Shared Hosting, Reseller Hosting, and Cloud Server products. If the Customer wishes to host adult content on our network, a Dedicated Server is required as a minimum.
- You may not use our shared services for video or image hosting, file sharing, backups, scam websites, hosting content that could be deemed illegal, politically controversial or unethical, file download or any other use that could use excessive disk space or impact the performance of other service users.
If any client chooses to utilize our service for any of the aforementioned uses or any other use that we deem to be abusive, unethical, or illegal, we reserve the right to terminate the service with immediate effect, without notification or reimbursement.
We may undertake an investigation of content services if potential abuse is brought to our attention and we reserve the right to remove any web page on our servers at any time and for any reason. Any accounts found to be abusive, contain illegal content or otherwise break our terms of service will be liable for immediate termination with no refund.