Introduction / Acceptance of Terms:

Crisp Hosting offers you a wise variety of products and services on the following terms. By utilizing the Service in any way you are agreeing to comply with these terms, which we may update without notice and encourage you to examine here at any time. These terms incorporate and supersede any other terms associated with the files and applications which are available on Crisp Hosting. We reserve the right to modify and amend these terms at any time without notice. It is your responsibility to remain informed of current policies.

If you have any questions or concerns regarding our AUP and TOS, please contact us via the given options available.

Last Modified:

The acceptable Use Policy and Terms of Service was last modified on Sunday 23th March 2008 with immediate effect. The following changes took place:

Change in Client Account Information

If you are a existing customer and disagree with any changes which has been set out on this update, please contact us with urgency. Please note, you have 15 days to show your disagreement with these new terms.

Your liability for content & conduct AKA Abuse Policy:

You are responsible for any content that you public or transmit on or through the service.

You will not use the service to distribute, link to or request content that:

1. Is unlawful, harmful to minors, vulgar, harassing, abusive, defamatory, threatening, gratuitously violent, obscene, invasive of other's privacy or racially, ethnically or otherwise offensive.
2. Includes personally identifiable information about children.
3. Infringes someone else's intellectual property or other rights.
4. Advocates or solicits violence or other criminal conduct.
5. Violates any contract, regulation, copyright or law.
6. Promotes participation in pyramid or multi-level marketing initiatives.
7. Constitutes illegal gambling.
8. Specifically advertises pornography or any product or service that is illegal.
9. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware, or telecommunications equipment.
10. Executes mass mailing, SPAM or unsolicited e-mail.

You will also obey all applicable laws and regulations regarding online conduct and content. You will not copy, distribute or commercially exploit any part of the service.

You will not install ANY of the following on your account:

1. Any Proxy Servers / Proxy Scripts.
2. Any chat scripts.
3. CastControl or any other SHOUTcast startup scripts.
4. Any script which uses a large flat file database(s).
5. Shell, SSH, Telnet Scripts and/or any alternatives.
6. IRC Egg Drops and any related programs.
7. The Anonymizer.
8. UntimateBBS/UBBS, Ikonboard, Aardvark Topsites, YaBB & YaBB SE. (ALL VERSIONS)
9. ANY script with the name, alternative names for the same script or the same coding as formmail.pl, formmail.php and formmail.cgi.

These scripts can cause serious performance and security risks. Any account with these scripts on will be subject to immediate suspension. Repeated offences are liable to account termination without refund.

Resellers are responsible for the conduct and content of ALL client sites, just as if they reseller had created the sites. Resellers must therefore ensure that client sites and domains adhere to these terms of service. Violations of the abuse policies by a reseller's client site will be considered a violation by the reseller.

Anti-SPAM and Bulk E-mail Policy:

Clients understands that unsolicited mass e-mailing (also called SPAM, unsolicited bulk e-mail, and unsolicited commercial e-mail) or the use of automated scripts to post comments or links to multiple, non-client owned blogs, forums, guestbooks, Internet messengers, phones or other Internet connected media is strictly forbidden. The client agrees to pay for any fees or damage in result of the SPAM within their account. We reserve the right to suspend or cancel any or all accounts without notice, due to the violation of this policy.

The service you are receiving may include the ability to send and receive electronic mail. Use of your electronic mail account to send unsolicited commercial messages is prohibited. Mass electronic messages or "mail-bombing" (sending mass unsolicited mail or deliberately sending very large attachments to one recipient) are prohibited. Forging electronic mail headers (Addresses) is also strictly prohibited regardless of commercial content. Use of electronic mail to harass or intimidate other users is prohibited.

Spamming, sending unsolicited commercial e-mail messages or unsolicited bulk messaging to advertise, offer, sell or buy any goods or services for any business or individual is strictly prohibited. (This also includes opt-out e-mail's) In response to a complaint, Crisp Hosting has the discretion to determine from all of the evidence it receives whether the intended recipients were from an "opt-in" e-mail list.

Shared server accounts are also prohibited from sending solicited (e.g. opt-in) e-mail via mailing lists (or combinations of mailing lists or other programmatic methods) that include more that 250 total accounts, unless special arrangements have been made in writing with Crisp Hosting which specify the terms and conditions of such mailings. If arrangements have been made for a larger out-in mailing lists, and, in the sole opinion of Crisp Hosting these mailing lists cause server performance problems of any kind, then Crisp Hosting may, at its sole discretion, remove or demand the removal of the mailing list at any time.

Violation of the Abuse Policy:

Crisp Hosting may regularly audit server accounts for abuse, If any of the abuse policies in these terms of server are violated, you may be required as determined by us to pay a fine to Crisp Hosting for unintended and deliberate violations as compensation for damages. In addition, Crisp Hosting may take legal action in response to any acts of abuse which may result in additional financial penalties. Crisp Hosting reserves the right to transfer any content that is perceived (in the sole discretion of Crisp Hosting) to be in violation of these terms of service to the appropriate authorities for prosecution, enforcement and/or legal action.

Client Account Information:

You will submit accurate and current information on all registration forms on the server. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity or misrepresent the origin of any materials distributed through the service.

You shall not change the ownership of your Client Account without explicit authorisation from Crisp Hosting. Crisp Hosting, at its sole discretion, can charge a transfer fee before authorisation is granted. Crisp Hosting may also deny your request for a change in ownership for any reason which does not have to be disclosed to the client.

Refund Policy:

Crisp Hosting will NOT issue refunds for Domain Registration's. It is the client's responsibility to ensure that domain name registration orders are correct prior to the purchase. Shared Hosting, Reseller Plans and SHOUTcast services are eligible for refunds, but only at Crisp Hosting discretion. Refunds are usually done by giving the client Credit to order another service with Crisp Hosting, but sometimes PayPal refunds are done. All fee's to do with setup, handling, transaction or modification fees are taken out of the refundable amount. All other services which Crisp Hosting provide are not refundable.

Links to other websites:

We or third party providers of content may make available links to other Internet websites or resources. We do not manage these sites and resources, do not endorse them and are not responsible for their content, availability or delivery of services.

Refusal of Service:

We reserve the right to refuse or cancel any service at our sole discretion. All clients are expected to pay their invoices promptly. Accounts that are past due for 1 day will be subject to a temporary deactivation (suspension) of their service. Accounts past the due in excess of 5 days will be cancelled (terminated).

Server Abuse & CPU Usage:

Any attempts to undermine or cause harm to a server is strictly prohibited and will result in account suspension or termination without a refund.

Accounts that exceed 25% of the CPU and Memory usage for a period of 3 minutes may be subject to a temporary suspension. Continual abuse may result in termination of the service.

If an account causes excessive server loading due to CPU and/or memory utilization on the server, and this load is deemed by technical support staff to be at risk of crashing or handing the server, the account may be temporarily suspended or have the specific scripts disabled/removed in order to prevent and/or stop the excessive load. This action may be taken without notice to the customer.

Acceptable Use Policy (Bandwidth):

Accounts which have "unmetered" bandwidth means you can use a unmetered amount of bandwidth, however within a acceptable amount. Accounts which break this policy will be offered a new price where the amount of bandwidth used is allowed.

Bandwidth Overages:

You are allocated a set monthly bandwidth allowance. This allowance varies depending on the service you have purchased. Should you go over your limit you must contact sales and arrange for this to be increased. This is subject to additional a additional charge which is stated on our website.

Data Storage & Backups:

Clients must be aware that it is their responsibility to frequently backup any information that they host on our servers. We are not responsible for any files, scripts, coding or data that may be lost, corrupted or abused in a server-related issue. Crisp Hosting is not responsible for recovering any damaged or lost files, regardless of the plan and options purchased. Clients are responsible for making back-up files in connection with their use of the services they have purchased. The client is solely responsible for independent backup and safekeeping of any client data stored on Crisp Hosting resources.

Support:

You shall be solely responsible for providing, updating, uploading and maintaining your website and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, e-mail or other messages, meta tags, domain names, software and text. Your website content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Shared Hosting services.

Crisp Hosting is not responsible for correcting system software and/or server faults caused by your website or software installations (including, but not limited to, incompatible upgrades), buy may offer to correct these faults at current labour rates.

Payment:

Full payment is required in advance before hosting service is established. You grant Crisp Hosting the right to debit your PayPal or Credit / Debt card account you provided on the order form for the services you signed up for on a recurring basis until such service is cancelled by you in writing by using the Cancellation Form provided in the Client Area. If payment is not received by the renewal date, your account may be terminated.

Invoices for the renewal of a product are done automatically via an automated system 15 days before your next payment is due. If you, the client, do not make Crisp Hosting aware of any late payment before the due date, a late payment fee of £2.50 will be added to the invoice. Crisp Hosting reserves the right to withdraw the late payment fee on a client's invoice at its discretion.

PayPal Subscription's are the responsibility of the client. Until the subscription has been cancelled, Crisp Hosting still has the right to debit your PayPal account, even though it is automatic via PayPal. If you have cancelled your package, you need to make sure that you have cancelled your subscription. Refunds for not cancelling your subscription are at the discretion of Crisp Hosting Staff.

Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to Crisp Hosting 5 days before the renewal date that you do not wish to renew such account.

Disclaimer of Warranty:

The internet is a complex network of services, equipment and providers of information. Thus the service may not be available to you at all times. Crisp Hosting will peruse all resources and channels available to maintain availability to you, however Crisp Hosting is not responsible for any interruption in service or down time that may occur, whether or not due to the act or negligence of Crisp Hosting. If you are not satisfied with such occurrence of interruption or downtime, your only recourse is to relocate your domain(s) and/or hosting to another provider.

Crisp Hosting makes no express or implied warranties (including but not limited to warranties of non-infringement, merchantability or fitness for a particular use) with respect to the services it provides. Neither Crisp Hosting nor anyone else involved in the provision of the service is liable to you or any third-party for direct or indirect damages resulting from the use, nonuse or non-availability of services provided herein, whether or not such damages resulted from the negligence or Crisp Hosting, even if Crisp Hosting has been advised to the possibility of such damages.