Bananahost Terms of Service (TOS)

Use of Bananahost Service constitutes acceptance and agreement to our TOS (Terms of Service). All service provisions are subject to the TOS (Terms of Service) of Bananahost.

The TOS may be changed from time to time at the discretion of Bananahost. The client understands that change to the TOS by Bananahost shall not be grounds for non-payment.

Bananahost agrees to provide the client with web hosting services for a monthly or annual fee. Bananahost will never require clients to advertise for Bananahost on their website in any way shape or form unless agreed upon, such as a non-profit organisation receiving complimentary hosting. Clients are allowed to use Bananahost services for personal and/or business/commercial websites or content.

Content:

All services provided by Bananahost 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 Bananahost from any claims resulting from the use of the service which damages the subscriber or any other party.

Adult Content:

Bananahost does not allow adult "xxx" related websites, pornography and sex-related content on its servers. Nor do we allow adult subscription or membership based "pay sites". This includes sexual content, or links to adult content hosted 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. Bananahost will be the sole arbiter as to what constitutes a violation of this provision.

Educational adult websites and adult e-commerce stores are allowed but due to such a fine line we recommend checking with Bananahost support before hosting such websites. Bananahost will be the sole arbiter as to what constitutes a violation of this provision.

Some Examples of Unacceptable Content:

- Adult / Pornographic
- Hacking programs / Hacking Archives / Hacking Information
- Warez Sites
- Spam / Spamming Software

Distribution 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 Bananahost'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 Bananahost 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 Bananahost Network. If you use a domain name in connection with the Bananahost 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.

SPAM and Unsolicited Email:

Bananahost takes a zero tolerance approach to the sending of Unsolicited Email (SPAM). Very simply this means that Clients of Bananahost may not use or permit others to use our service for sending SPAM Emails. Clients of Bananahost may not host, or permit hosting of, sites or information that is advertised by SPAM from other services. Violations of this policy carry severe penalties, including termination of service.

If a customer is found to be in violation of our SPAM policy, Bananahost may, at its sole discretion, restrict, suspend or terminate a customer's account. In addition, Bananahost may impose a £100 penalty for each spam policy violation. Bananahost solely reserves the right to refuse or cancel service to known spammers. Lastly, Bananahost reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

SpamExperts Spam Filtering Limits:

Some domain names may receive such a high volume of spam email that it will not be possible for us to provide SpamExperts filtering service to them, due to the extreme usage. While SpamExperts is a dedicated system for handling huge volumes of spam it does have limits. Should the amount of spam or number of mailboxes in use on a domain break what Bananahost believes to be realistic limit thresholds for your hosting package then we will inform you that SpamExperts services will not be continued for your domain or an upgrade of package may be suggested. SpamAssassin will be supplied in replacement to SpamExperts.

Scripting, Applications and Background-running Programs:

We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. We provide a hosting service not a shell service. You are not allowed to compile and run software on our hosting servers.

You are free to use any scripts (such as php, cgi or perl) you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below.

Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, galleries, and banner exchanges. In the event a script affects normal server and/or administrative operations, Bananahost reserves the right to disable the account pending client cooperation and resolution.

Scripts we do not allow include:

- Chat servers/scripts of any kind are strictly prohibited.
- Formmail scripts using the filename "formmail" are prohibited.

Formmail and contact forms are acceptable providing the script is not named "formmail" for its filename and providing that you maintain the latest version of the script and it remains secure and un-abused by spammers.

We do allow you to have ONE remote MySQL user if requested. The user must have a fixed, non changing, IP address for us to grant access to. You can request a remote MySQL user via our helpdesk.

Network Security:

Customers may not use the Bananahost Network to 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. Bananahost 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.

Physical Security:

For security reasons Bananahost operates 'closed' datacentre facilities. Physical access to any servers or related equipment at any Bananahost locations is not permitted. Only fully authorised Bananahost staff are permitted access to work onsite at these facilities.

Support Boundaries:

Bananahost provides 24/7 technical support to its Clients.

Bananahost limits technical support to its area of expertise, this is providing web hosting services and related features. Bananahost does not offer support for application specific issues such as php programming, cgi programming, html, website design and development or any other such issue. Bananahost does not provide technical support for YOUR Clients.

Any additional work you may require from Bananahost staff which does not fall within usual support boundaries is charged at a rate of £50 GBP per hour, in 30 minute increments. All charges will be discussed before work commences on a per incident basis. Examples of work beyond the boundaries of normal support include: site scripting problems, script installation, website design and development.

Cancellations:

Requests for cancellation must be submitted via an online support ticket at our helpdesk located at www.bananahost.co.uk. Your cancellation will be confirmed by Bananahost.

Cancellation must be received 48 hours or more before your next payment is due. Bananahost will then stop all recurring payments due and you will NOT be billed again.

Changing a domains DNS to another provider or transferring a domain away from Bananahost does not constitute a cancellation request. A cancellation request must be submitted to our helpdesk and we will then confirm the cancellation date back to you.

Payment:

Establishment of this service is dependant upon receipt by Bananahost of payment of all stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup (monthly or yearly terms).

Service may be interrupted on accounts that fall overdue (such as a credit card being declined or expired). Bananahost may, at its sole discretion, charge a fee of £45.00GBP to reinstate a suspended account.

When payment is declined from your chosen payment method we will send an email notification and retry payment the following day, this will occur 3 times over a 3-5 day period. After this period if we have not received payment or had notice from you that the due payment is in hand, your account will be suspended or terminated at the sole discretion of Bananahost.

It is very important you keep your email address on file with us current by notifying us of email address changes via www.bananahost.co.uk. Failure to keep us updated with your current email address may mean important communications don’t reach you, resulting in suspension or termination of your hosting account.

A service charge, equal to the charge incurred by Bananahost, will be charged to your account for each cheque or other form of payment that is returned to Bananahost unpaid.

Refunds and Disputes:

All payments to Bananahost are non-refundable. This includes any setup fee and subsequent charges regardless of usage. If you dispute a charge to your credit card issuer that, in Bananahost's sole discretion is a valid charge under the provisions of this TOS, you agree to pay Bananahost an Administrative Fee of not less than £25 and not more than £100.

If you are paying annually for hosting services and cancel early before your 12 months of service is over, we will issue a pro-rata refund for full unused months at time of cancellation.

Bananahost does not offer any kind of "money back guarantee" or "trial period".

All domain registration fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your term.

VAT and Payment Currency:

UK and EU clients will be billed in GBP (Pounds Sterling) and prices include VAT. Clients in the rest of the world will be billed in USD with VAT not applicable to our USD pricing.

If you are a VAT registered business in another EU member state then you must supply your VAT registration number for VAT to be zero-rated. If your VAT registration number is not supplied or cannot be confirmed as valid then VAT at the UK rate will apply.

Product Pricing:

Bananahost reserves the right to change the pricing of products and/or services at any time.

Invoicing:

Bananahost does not provide paper or hard-copy invoices. PDF invoices are sent via email.

Domain Name Expiry and Redemption Fee's:

Bananahost is not liable for expiry or loss of your domain name.

Before a domain expires you will be reminded to renew your domain by email to the address we hold on file for you. On the date a domain expires it will be deactivated by the registry, and no longer display your website. Once a domain is deactivated and expired you will have 30 days to contact us to renew the domain name at our regular renewal rates.

Redemption Period - After 30 days have passed since the expiry date of your domain, the domain is placed in its "redemption period" and to renew the domain at this stage will cost $250 USD (approx £179 GBP) +VAT. This is a cost charged by the registry and passed on to you by us. Redemption periods last between 30 and 60 days, and then the domain is released to the public so anyone can re-register your domain and you will lose it.

Domain Transfers:

Any domain name registered by Bananahost (as your registrar) is yours to keep. You can transfer your domain name to a different registrar at any time once the domain is 90 days old - Newly registered domains do have a 90 day waiting period where they cannot be transferred from Bananahost to a different registrar.

The same 90 day 'no transfer' window applies when an expired domain is renewed or restored after being in the registry redemption period. Once 90 days have passed from renewing such domains they are then free to be transferred again.

Free Domain offers:

Occasionally we run a promotion and supply a free domain name when hosting is purchased. 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.

Abuse:

Any attempts to undermine, slander, libel, threaten, or cause harm to a Bananahost 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.

Refusal of Service:

Bananahost reserves the right at its sole discretion to refuse or cancel service. Violation of any of Bananahost's TOS could result in a warning, suspension, or account termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy violations will not be released to the customer.

Indemnification:

Customer agrees that it shall defend, indemnify, save and hold Bananahost (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Bananahost, 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 Bananahost against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Bananahost 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 Bananahost to the amount paid for service.

Disclaimer:

Bananahost will not be responsible for any damages your business may suffer. Bananahost makes no warranties of any kind, expressed or implied for services we provide. Bananahost 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 Bananahost and its employees. Bananahost makes no "uptime" guarantees. The Client agrees that Bananahost shall not be liable for any damages as a result of loss of hosting services or hosted data. The Client further acknowledges that Bananahost's liability for its own negligence is zero, and Bananahost may not be held responsible. Liability or Damages in any event may not exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall Bananahost be liable for any special or consequential damages, loss of revenue or injury.

Bananahost can accept no responsibility for any loss of data or consequences arising from this. Bananahost always advises clients to back up their site data regularly for their own protection. Bananahost does not guarantee its own backups of customer data and is not liable for any loss of data, loss of backups or inability to restore service after implementing its disaster recovery plan.

Bananahost furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws and this Bananahost TOS. A reseller's client's failure to comply with those laws and our TOS will violate this policy.

If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with Bananahost then Bananahost will not be responsible for maintaining hosting for the resellers customers. Bananahost has no agreement or responsibility to any resold services. Resold services to others are your own responsibility.

All communications (emails, verbal or written) are between Bananahost and the client. These communications are private and are therefore not to be shared with any other parties.

This agreement is made between the customer (as specified in the customer details section when placing your order) and Bananahost. If you are purchasing hosting on behalf of another party please ensure you specify the account owners details in the customer details section. Bananahost will only be able to communicate with regards to the account with the registered customer and not a third-party.

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


Failure to comply with any of our terms of service will result in grounds for immediate account deactivation or removal.

 

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