Acceptable Use Policy

This acceptable use policy sets out the terms between you and us under which you may use the Hosting Management Services provided (from hereon referred to as “Hosting Services”). Your use of the Hosting Services means that you accept, and agree to abide by, all the policies in this acceptable use policy.

You must not allow a third party to access or use the Hosting Services. If you do so, they will also be regulated by this acceptable use policy. As such, you will monitor the use of the Hosting Services by a Third Party and you will procure that they abide by this acceptable use policy. A breach of this acceptable use policy by a Third Party will be deemed to be a breach of this acceptable use policy by you.

The Hosting Services are provided by Mr Mears Ltd trading as Mears Websites (“we”, “us” and “our”). We are registered in England and Wales under company number 9268665 and we have our registered office at 3 King Street, Castle Hedingham, Halstead, Essex CO9 3ER. Our trading address is 9 the Laurels, Railway Street, Braintree, Essex CM7 3JS. Please see Section 8 below for details of host servers ownership, control and technical support.

Section 1. Resource usage

  1. The Hosting Services comprise the provision of web space on host servers to enable you to upload pages and files for the purpose of publishing websites.
  2. The Hosting Services allow you ‘unlimited’ server space for normal routine “non-file-distribution” web usage. For websites that allow downloading of video, audio or other files we reserve the right to impose a bandwidth limit of twenty-five (25) gigabytes (26,843,545,600 bytes) per calendar month. Non-file-distribution usage will remain unaffected by any limit imposed on downloading of video, audio or other files. MySQL databases provided with web hosting come with 500MB limits.

Section 2. Prohibited uses

  1. You may use the Hosting Services only for lawful purposes. You may not use the Hosting Services:
  1. in any way that breaches any applicable local, national or international law or regulation
  2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
  3. for the purpose of harming or attempting to harm minors in any way
  4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see section 5)
  5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (also known as SPAM)
  6. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

2. In your use of the Hosting Services (other than where you are using your own dedicated server), you may not:

  1. use more than 5 % of the server’s processing capacity. There are numerous activities that could cause such problems, including (but not limited to) CGI scripts and intensive FTP, PHP or HTTP operations
  2. run stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCd
  3. run any type of web spider or indexer; including (but not limited to) GoogleCash and AdSpy
  4. run any software that interfaces with an Internet Relay Chat network
  5. run any bit torrent application, tracker, or client. You may link to legal torrent files off-site, but may not host or store them on our servers
  6. participate in any file-sharing/peer-to-peer activities
  7. run any gaming servers
  8. run cron entries or other scheduled tasks other than by configuring them through your extendcp control panel
  9. give away web space under a domain
  10. operate a proxy website or service
  11. as a remote file host for other websites

3. You must not use the Hosting Services as an offsite backup facility. Therefore, all files uploaded to the servers as part of your usage of the Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to operate the website of which they form part; We reserve the right to delete files or directories that are not web-visible without giving notice to you.

4. All pages of website stored on our servers as part of the Hosting Services will be available to search engines unless you take action to prevent this. If you wish to optimise your web pages for search engines you agree to use coding and techniques which comply fully with the guidelines issued by Google, MSN, Yahoo and other large search engines.

Section 3: Reselling

1. You agree:

  1. not to re-sell or offer for the use of third parties any part of our Hosting Services
  2. not to access without authority, interfere with, damage or disrupt
  1. any part of the Hosting Services
  2. any equipment or network used to provide the Hosting Services
  3. any software used in the provision of the Hosting Services
  4. any equipment or network or software owned or used by any third party

Section 4: Interactive services

  1. Where you use, or allow the use of, the Hosting Services to host a website on which interactive services (for example, chat rooms or bulletin boards) are provided (“interactive services”), you must ensure the use of best practice to operate those interactive services.
  2. Notwithstanding the use of best practice in operating the interactive services, you must assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service you allowed to be hosted using the Hosting Services and use appropriate moderation in the light of those risks. However, we are under no obligation to oversee or monitor your use of the Hosting Services in relation to any interactive services you provide or allow to be provided.

Section 5: Content standards

  1. These content standards apply to any and all material that you allow to be hosted through the Hosting Services (“Material”), and to any interactive services associated with it.
  2. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Material as well as to its whole.
  3. Material must:
  1. be accurate (where they state facts)
  2. be genuinely held (where they state opinions)
  3. comply with applicable law in the UK and in any country from which they are posted

4. Material must not:

  1. contain any material which is defamatory of any person
  2. contain any material which is obscene, offensive, hateful or inflammatory
  3. contain any material that is pornographic
  4. promote violence
  5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
  6. infringe any copyright, database right or trade mark of any other person
  7. be likely to deceive any person
  8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
  9. promote any illegal activity
  10. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
  11. be likely to harass, upset, embarrass, alarm or annoy any other person
  12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person
  13. give the impression that they emanate from us, if this is not the case
  14. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse

Section 6: Suspension and termination

  1. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Hosting Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.
  2. Failure to comply with this acceptable use policy constitutes a material breach of the our terms and conditions of sale upon which you are permitted to use the Hosting Services, and may result in our taking all or any of the following actions:
  1. immediate, temporary or permanent withdrawal of your right to use the Hosting Services
  2. immediate, temporary or permanent removal of any Material (as defined in paragraph 5.1) uploaded to the servers
  3. issue of a warning to you
  4. issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
  5. further legal action against you
  6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary

3. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Section 7: Changes to the acceptable use policy

We offer a Hosting Management service; your website will be hosted on servers under the ownership and control of Heart Internet Ltd https://www.heartinternet.uk/ This acceptable use policy is based on Heart Internet’s acceptable use policy https://www.heartinternet.uk/terms/acceptable-use-policy who may revise their acceptable use policy at any time by amending their page https://www.heartinternet.uk/terms/acceptable-use-policy  You are primarily govened by the Heart Internet acceptable use policy and expected to check their page at https://www.heartinternet.uk/terms/acceptable-use-policy from time to time to take notice of and ahere to any changes made, as they are legally binding on you.

Section 8: Host servers

  1. Your website will be hosted on a shared server under the control and ownership of Heart Internet https://www.heartinternet.uk/. You accept that we are not immediately under control of the host servers or automatically made aware of technical issues that can occur. Heart Internet have a technical team monitoring the host servers 24 hours a day, 7 days a week, 365 days of year who are immediately aware of technical issues and react to rectify. Should we become aware of issues potentially relating to host servers we will liaise with Heart Internet on your behalf to establish the issue and any explanation and solution they are able to offer. You accept that whilst every effort is made by Heart Internet to avoid technical issues, that inherent with complex technology, occasional technical issues that may affect your website are unavoidable. You agree not to hold us responsible for any technical issues that affect your websites that may or may not result in financial loss for you or your business, or any other negative impact technical issues may have on you or your business.