CWS Hosting ("The Company") agrees to provide services to the purchaser, subject to the following Terms & Conditions and acceptable use policy.

Use of CWS Hosting's Service constitutes acceptance and agreement to these terms and conditions and acceptable use policy.

These terms and conditions may be changed occasionally at the discretion of the Company, and without notification to the purchaser. The Purchaser understands that change to these terms & conditions and acceptable use policy by the Company shall not be grounds for early contract cancellation or non-payment.

These terms and conditions encompass our acceptable use policy (AUP) which specifically prohibits the use of our service for illegal activities. Therefore, the Purchaser agrees that the Company may disclose any and all Purchaser information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Purchaser.

In addition CWS Hosting shall have the right to terminate all service set forth in this Agreement without notice.

Cost of Services : The Purchaser acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to them. The Purchaser is aware that the Company may prospectively change the specified rates and charges occasionally. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Payment : Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the year for that year's service. Service will be suspended on accounts that are 14 days overdue. Accounts suspended for non-payment are subject to a £5 reconnect charge. If you would like to cancel your account, please follow the proper procedure to do this as outlined in this terms and conditions document.

Invoices : All invoices from CWS Hosting will be sent by email. Any client requesting paper copies of their invoice(s) by post will be subject to a charge of £2.00 per invoice, including first class postage at current rate.

Refunds and Disputes : All payments to CWS Hosting are non-refundable. Cancelled cheques or chargebacks through PayPal or No Chex will be subject to a "Administrative Charge". This charge will be equal to half your annual hosting package cost or the amount charged to us by the bank or other institution whichever is the greater.

Non-payment : The Company may temporarily deny service or terminate this Agreement upon the failure of the purchaser to pay charges when due. Such termination or denial will not relieve the purchaser of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Contact Information : The Purchaser agrees to keep their contact information up to date during the period of contract. Information should be updated by emailing support@cw3host.com with the new information. The company will not be held responsible for emails missed by the purchaser as a result of their contact details being out of date. The purchaser acknowledges that emails sent by the company that do not receive a reply (i.e. domain renewal emails) may result in loss of service or unwanted renewals. The company shall not be held responsible for this loss.

Account Cancellation : All requests for cancelling accounts must be made either in writing or through our helpdesk. You must email from your registered email address, with your domain, username and password to cancel.

Nature of Service : Purchaser acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, purchaser agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Purchaser further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Purchaser for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Changes to Hosting Plans : Purchaser acknowledges that from time to time, we will review our hosting plans, to take into account customer feedback, market conditions (i.e. price or supplier changes) and competition from other companies. In the main, this will be of benefit to the Purchaser, however occasionally hosting plan features may need to be substituted or removed to make our offer more competitive. Where the changes are positive to the majority of customers, changes will come into effect immediately. In the unlikely event that anyone is significantly disadvantaged by the change then, they may request that their hosting plan remain the same until the renewal date.

Server Uptime & Backups : CWS Hosting does not accept any liability for any loss caused by server downtime. We do not provide any warranty or guarantee to attain any specific level of uptime. Servers are monitored constantly and we will endeavour to rectify any issues in the shortest possible time frame. CWS Hosting does not accept any liability for the protection or storage of our clients data. The purchaser acknowledges, that it is entirely their responsibility to make backups of any information kept on our server.

Domain Name Renewals : Domains ending in the .uk extension are renewed automatically every 2 years, unless we receive notification of cancellation from the purchaser at least 46 days before renewal. The purchaser will be deemed liable for the renewal cost of these domains unless they are cancelled.

Other domains (e.g. .com, .net) are renewed manually every two years, and where possible, we will email the purchaser and ask them to confirm by email whether they wish to renew the domain at the current publicised rate. If the company do not receive a response before the renewal date, the domain name will not be renewed and may be lost.

In the event that the company choose to renew domains in good faith for the Purchaser (to prevent them being lost), the Purchaser will be deemed liable for the renewal cost, unless a cancellation request is received in good time (46 days for .uk domain & 2 weeks for other domains). The company will not be held responsible for non-renewal of domain names.

Support : CWS Hosting, provides support by email 7 days per week. We limit our technical support to matters related to your server or virtual site physical functioning. CWS Hosting does not offer technical support for application specific issues such as CGI programming, HTML or any other such issue. CWS Hosting does not provide technical support for YOUR customers. Please see our support page or contact us page on our website for more details.

Any support provided by CWS Hosting that is not related to our server or functioning of your site will be charged at £20.00 per hour or part thereof (min. 15 mins). In the event that support issues, become chargeable, the Purchaser will be informed before any work takes place.

SPAM and Unsolicited Commercial Email (UCE) : CWS Hosting takes a very strong stance and adopts a non tolerance policy to the sending of Unsolicited Commercial Email (UCE) or SPAM from our servers. CWS Hosting customers may not use or permit others to use our servers to transmit UCE. Our customers may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service without warning.

It is entirely the purchaser's responsibility to ensure that any scripts that may be used to send mail are kept upto date and secured. The purchaser will be held responsible for any misuse of such scripts and penalties may include but are not limited to termination of there account and payment of any charges incurred by CWS Hosting.

Violation of the company's SPAM policy will result in serious penalties. Upon notification of an alleged violation of our SPAM policy, CWS Hosting will initiate an immediate investigation. During the investigation, we may restrict customer access to the servers to prevent further violations. If a customer is found to be in violation of our SPAM policy, CWS Hosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, CWS Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. CWS Hosting will notify law enforcement officials if the violation is believed to be a criminal offence.

DO NOT SPAM from your account. Your account can be terminated at anytime deemed appropriate by the company.

Bandwidth and Disk Usage : Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month allocated to the services ordered by Customer on the Order Form. CWS Hosting will monitor customer's bandwidth and disk usage. CWS Hosting shall have the right to take corrective action if customer's bandwidth or disk usage exceeds the agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in CWS Hosting's sole and absolute discretion. If CWS Hosting takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

All customers accounts will be reviewed on a regular basis (normally monthly) to ensure that they remain within there allocated bandwidth and space limits. Any accounts that are over there limits will be invoiced for additional and asked to upgrade there plan or take corrective action. Charges for additional space and bandwidth are clearly laid out on our website. Bandwidth will be charged in minimum 1GB units and space in 10MB units.
Terms/AUP Violation : CWS Hosting is under no duty to look at each customer's or user's activities to determine if a violation of the AUP or terms and conditions has occurred, nor do we assume any responsibility to monitor or police Internet-related activities.

First violation: Any User, which CWS Hosting determines to have violated any element of this Acceptable Use Policy or Terms and Conditions, shall receive an email, warning them of the violation. The service may be subject at CWS Hosting's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations. In extreme circumstances deemed so by CWS Hosting, the purchaser's account may be suspended or terminated without warning.

Second Violation: Users that CWS Hosting determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
Suspension of Service or Cancellation : CWS Hosting reserves the right to suspend server access to any customer if in the judgment of the CWS Hosting network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason that may effect CWS Hosting or its customers. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's accounts were suspended.
CWS Hosting reserves the right to amend its policies at any time. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

The purchaser shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Purchaser. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

CWS Hosting is not responsible for the content of any other websites linked to the CWS Hosting Servers ; links are provided as Internet navigation tools only. CWS Hosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
Loss or Damages : CWS Hosting is not responsible for any damages your business may suffer. CWS Hosting does not make implied or written warranties for any of our services. CWS Hosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by CWS Hosting. CWS Hosting does not offer any uptime guarantee or compensation for server downtime whosoever caused.

Responsibility for Content : You, as a CWS Hosting customer, are solely responsible for the content stored on and served by your CWS Hosting hosting account. We do not accept any liability for loss of data whosoever caused. Any customers acting as a reseller, are additionally responsible for the accounts of those people you have purchased the said resold services.

We do not routinely monitor the activity of accounts except for measurements of system utilisation and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your dedicated server or virtual site to publish material, which CWS Hosting determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

Illegal use: CWS Hosting's services may not be used for illegal purposes, or in support of illegal activities. CWS Hosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

IRC Bots / Bots: CWS Hosting does not allow the use of any BOTS on the server, including, but not exclusively IRC, Egg Shell or Chat Bots. Any account found in violation of this clause will be subject to immediate suspension or cancellation as deemed appropriate by the company.

Harm to minors : Use of the CWS Hosting service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography. Any accounts found to be doing this will be terminated immediately and all information provided to the police.

Threats : Use of CWS Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property is strictly prohibited and will result in termination.

Harassment : Use of CWS Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another is strictly prohibited and will result in termination..

Fraudulent activity : Use of CWS Hosting service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as, but not limited to "pyramid schemes," "ponzi schemes," and "chain letters" is strictly prohibited and will result in termination.

Forgery or impersonation : Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation is strictly prohibited and will result in termination..

UCE/SPAM : Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the CWS Hosting service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending hosting account and as such is strictly prohibited.

E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the CWS Hosting service is in violation of this AUP.

Usenet SPAMing : CWS Hosting has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

Unauthorized access : Use of the CWS Hosting service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of CWS Hosting or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending hosting account is subject to immediate termination.

Use of your contact details : By using our service, you are agreeing to these terms and conditions and acceptable use policy. In turn, you agree that CWS Hosting may contact you at anytime, using the contact information held on file, (for example - email, telephone, post, fax, mobile and text message), to discuss any aspect of your account, such as upgrades, renewals, invoices, downtime and any other issues that would directly effect your account. This information will not be shared with 3rd parties (except as below).

Privacy : We value your privacy as much as you do. We guarantee we will not pass any of your contact information on to any third party outside of CWS Hosting without your express permission. This excludes the police or other legal bodies, where the request has been made in writing.

Terms & Conditions and Acceptable Usage Policy Last updated : 22nd April 2007.