Terms and Conditions
DEFINITIONS "We" "Us" or "Provider" or "Hastingwood Securities"
"You" "Client" "Customer" "User".TERMS OF SERVICE
Any person, company, partnership or other entity in contract with or purchasing services from Hastingwood Securities Ltd.
Hastingwood Securities reserve the right to suspend or cancel with immediate effect access to any service when Hastingwood Securities decides the account is being used inappropriately. Hastingwood Securities reserve the right to amend these Terms and Conditions at any time. It is the customer's duty to check for changes in terms and conditions.ACCEPTABLE USE OF SERVICE
Accounts are for the use of the primary owner only. Account holders are not permitted to "borrow", "lend" or "sell", their server, webspace or resources to any third party.Hastingwood Securities hold the right to refuse service / and or access to any party should they deem the application inappropriate, such as a Customer wishing to host pornography or "warez".
PROHIBITED MATERIALThe following material is strictly prohibited:
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, "mp3's", ".exe files" and any material in violation of any UK or European or Local regulation.Adult Material- this includes ALL Pornography, erotic images and media, and any other obscene material. What is and what isn't "Adult Material" is entirely at the discretion of Hastingwood Securities.
Warez- Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. This also includes links to any sites that mention or contain the above.SPAM AND UNSOLICITED MATERIAL We have a ZERO TOLERANCE policy towards spam and unsolicited email. Any accounts found using our services to send unsolicited material will be terminated with immediate effect. Offending Customers will not be issued a refund of any kind, and will be liable to any clear-up costs.
BANDWIDTH POLICY In the event of the Customer exceeding the bandwidth permitted, Hastingwood Securities will advise Customers that they may purchase extra bandwidth in order to keep their account active. In the event of the Customer using excessive bandwidth, Hastingwood Securities reserve the right to cancel or suspend the account and access to it, to protect other users on the Hastingwood Securities network and its servers.
MALICIOUS AND UNFRIENDLY ACTIVITY Hastingwood Securities's services may not be used for any activity which affects the ability of other people or systems to use Hastingwood Securities Services or the internet. Interference with or disruption of other network users, services or equipment is prohibited.
BACKUPS Hastingwood Securities does not generally keep backups of customer's data: it is the customer's responsibility to do so. Hastingwood Securities strongly advises customers to keep regular and current backups to guard against potential loss of data.
PAYMENT POLICY Accounts may be paid monthly, quarterly, bi-annually or annually. Payment can be made by cheque, bank transfer, 'Paypal', 'Nochex', credit card or 'Fastpay'. Other payment methods are permitted at the discretion of Hastingwood Securities. Service will start from the date the server / and or service is setup. In the case of payment by cheque, service will resume when the cheque clears. Payment must be made by 5 days after the date of invoice. In the case of payment not being received, Hastingwood Securities reserve the right to cancel or suspend service and access, until the debt is settled.
All Payment is to be made in pounds sterling unless otherwise agreed in writing.USER CONDUCT Clients must not post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind.
Abusive behaviour not limited to swearing, cursing, insulting, and or threatening behaviour towards Hastingwood Securities, its staff or customers is strictly forbidden. Personal abuse of ANY kind, whether transmitted across IRC (Internet Relay Chat), email, forum or telephone will result in immediate termination of service. In this event the customer will not be issued ANY refund.
CUSTOMER INFORMATION It is the customers duty to keep Hastingwood Securities informed of any changes of personal details. This includes and it not limited to your email address, address and telephone number. Your new personal details must be sent three days prior to any new communication being sent to the customer. E-mail is the preferred contact method for general communications. Hastingwood Securities will not be held responsible for any loss of communication or problems that arise as a result of customers not informing Hastingwood Securities of their current and accurate contact details. CANCELLATIONS & REFUNDS
Hastingwood Securities reserves the right to cancel the service and access to the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining contract period. If a customer contravenes Hastingwood Securities's terms of service a refund will not be issued in the event of a cancellation. Fees charged on a prepay basis are not refundable. In addition some accounts incur set-up fees: these charges are also non-refundable. QUALITY OF SERVICES
Although Hastingwood Securities will make its best efforts to provide high quality and uninterrupted services, this is not guaranteed. Hastingwood Securities will not be responsible for any damages, consequential or otherwise, a service interruption may cause to the client. CONSEQUENTIAL LOSS & COMPENSATION
Hastingwood Securities accepts no liability for any loss howsoever arising suffered as a result of any failure or fault in the service provided by Hastingwood Securities. Any compensation shall be at the discretion of Hastingwood Securities and shall not exceed the pro-rata value of the loss of service provided. This compensation may take the form of an extension of the defective service or substitution with another service of equal or higher value or cash all at the discretion of Hastingwood Securities. GAME SERVER USAGE:
Customers are limited on the number of players & spectators spaces equal to the number of players the server has been rented for. You must not increase the player limits on your server (this includes spectators) without the prior permission of Hastingwood Securities, and payment of the difference in price. We do not offer refunds to those who wish to reduce player numbers for any reason. You may not attempt to connect to our server through SSH, Telnet or any other means of unauthorized connections. Failure to comply with this rule may also lead to your server being subject to a suspension of ten days where you shall not be credited or refunded.
Private servers are "passworded" and must remain so. Removing the password is a breach of the terms of conditions and will result in the termination of service at Hastingwood Securities's discretion. All game servers must carry the default name of "Hastingwood Securities.co.uk >>". Customers must not remove this from the title unless they pay an additional fee to have the server debranded. Game server titles MUST NOT contain abusive language, offensive material or bring Hastingwood Securities into disrepute. Breaching the acceptable naming of game servers will result in the termination of service at Hastingwood Securities's discretion.
SETUP TIME Game servers
Hastingwood Securities cannot give any guarantee on a setup date for game servers. While most services will be set up within 24 hours, Hastingwood Securities will not overload any of their servers in order to set up new services or game servers. In the event of there being no space for new game servers and or services, customers will be put on a waiting list for server availability. Once space is available, the customer's service will be setup. Dedicated servers / Co-location
Hastingwood Securities cannot give any guarantee on setup date from the point of purchase, for dedicated servers or co-location services. Normal setup time is 7 working days, however due to cirumstances beyond our control this period may be longer. INDENTIFICATION
Customer agrees that it shall defend, indemnify, save and hold Hastingwood Securities harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Hastingwood Securities, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Hastingwood Securities against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Hastingwood Securities's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Hastingwood Securities's server. DISCLAIMER Hastingwood Securities will not be responsible for any damages your business may suffer. Hastingwood Securities makes no warranties of any kind, expressed or implied for services we provide. Hastingwood Securities disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Hastingwood Securities and its employees. Hastingwood Securities reserves the right to revise its policies at any time.
Last Updated: Sunday 5th June 2005