Hosting and Fair Use Policy

1. Introduction

This Hosting and Fair Use Policy ("Policy") outlines the acceptable use of the hosting services ("Services") provided by RELYWEB TECHNOLOGIES PRIVATE LIMTIED ("we", "us", "our"). By using our Services, you agree to comply with this Policy and you attest that you are of legal age (18 or over) to enter into this Agreement. We reserve the right to terminate an agreement with anyone under the age of 18 years. We have established this Policy to ensure that all users of our Services enjoy a high-quality experience while also protecting our infrastructure.

2. User Obligations

You represent and warrant to us that your content does not and shall not contain any materials, data, work, trade or service mark, or advertising that violates any applicable law or regulation or infringes on any intellectual property rights. You confirm that you either own your account content and all intellectual property rights, or you have express written authorisation from the rightful owner.

You also agree not to use the Services for any illegal activities. You expressly grant us a license to cache the entirety of your content submitted, stored, distributed, or disseminated via the Services and your website, including third-party content hosted by us. You agree that such caching is not a violation of any intellectual property rights.

2.1 Your Responsibilities

You must:

• Cooperate with us.
• Provide any information we reasonably require regarding the Services.
• Report faults or suspected issues immediately.
• Report any Internet abuse (e.g., spam, hacking, phishing) associated with the Services.
• Use your own login credentials and never impersonate another person.
• Keep your password confidential and immediately report any unauthorised access.
• Maintain access to the Services through your telecom provider, as we are not responsible for external connections.
• Ensure any third-party software or hardware used is licensed and correctly configured for accessing our servers.
• Ensure you have the necessary expertise to access and use the Services.
• Ensure that your use of the Services meets the following conditions:
  • Does not infringe privacy or intellectual property rights.
  • Does not harm or defame us or our reputation.
  • Is not used for sending spam.
  • Does not compromise the security of networks or systems.
  • Does not place excessive load on our infrastructure.
  • Does not interfere with other users' experiences.
  • Is not defamatory, obscene, abusive, or discriminatory.
  • Complies with all applicable laws.
  • Does not introduce harmful code, such as viruses or malware.

You must not:

• Abuse trial or promotional codes or exploit these periods.
• Use the server for chatrooms, gaming services, or related activities.

2.2 Backups

You are responsible for keeping regular and complete backups of your data. Any backups provided by us are offered as a courtesy and without guarantees of availability.

2.3 Indemnity for Content

You shall indemnify us against all costs, damages, and expenses arising from your breach of this Policy or misuse of the Services.

2.4 Data Warehousing and Excess Usage

You agree not to use our Services for data warehousing or as a backup/archival solution. If your use of resources exceeds reasonable limits, we may require you to reduce it or take action, including deleting unnecessary files.

2.5 Suspension of Services

We reserve the right to suspend Services if your use negatively impacts other customers, such as through excessive resource consumption, malicious activity, or breach of this policy.

2.6 Removal of Material

We reserve the right to remove or edit any content that breaches this agreement or is otherwise inappropriate.

3. Accounts

This Agreement applies to all accounts, sub-accounts, and alternative account names. You are responsible for ensuring full compliance with this Agreement by all users under your account. Account transfers require our written approval.

4. Prohibited Content and Activities

You agree not to use our services to host, store, distribute, or engage in any content or activities that are illegal, harmful, or offensive. This includes, but is not limited to:

1. Nudity and Pornographic Content: Any content containing nudity, pornographic material, or sexually explicit content is strictly prohibited. This includes text, images, videos, or any other form of media depicting full or partial nudity, sexual acts, or explicit sexual content.

2. Hate Speech and Discrimination: Content that promotes hate, discrimination, or violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic is not allowed.

3. Illegal Activities: Content or activities that promote, encourage, or facilitate illegal activities, such as copyright infringement, hacking, fraud, drug trafficking, or any other criminal activities, are strictly prohibited.

This includes, but is not limited to:

• Violating any applicable laws, regulations, ordinances, or other legal requirements.
• Making illegal communications to newsgroups, mailing lists, chat facilities, or other internet forums.
• Attempting or allowing unauthorised access to our website, servers, your hosting account, or the accounts of other customers.
• Executing remote code or malicious software through the hosting account provided by us.
• Causing denial of service attacks, port scans, or other endangering and invasive procedures against our servers, facilities, or those of other network hosts or internet users.
• Forging signatures, identifying marks, or codes to deceive others regarding your true identity.

4. Violent and Extremist Content: Content that depicts, glorifies, or encourages violence, cruelty, or extreme acts, including graphic violence, animal cruelty, or extremist ideologies, is not permitted.

5. Malicious and Harmful Content: Content that contains malware, viruses, spyware, Trojan horses, worms, time bombs, corrupted files, or any other malicious code designed to harm, disrupt, or gain unauthorised access to systems or data is prohibited.

6. Harassment and Cyberbullying: Content that targets, harasses, bullies, or defames individuals or organisations is not allowed.

7. Child Exploitation: Any content related to the exploitation or sexualisation of minors, including child pornography, is strictly prohibited and will be reported to the appropriate authorities.

8. Intellectual Property Infringement: Hosting or distributing any content that infringes copyrights, trademarks, patents, trade secrets, or other proprietary rights of any third party is prohibited.

9. Warez, Cracks, and Pirated Content: Distributing or hosting warez, cracks, pirated software, or any other content intended to circumvent intellectual property rights or licensing restrictions is not allowed.

10. Proxy Services and Traffic Relaying: Operating any kind of proxy server, traffic relaying program, or rendering the service as a virtual private network (VPN) for traffic tunnelling or networking is prohibited.

11. Malicious Activities: Engaging in or instigating actions that cause harm to us or other customers, such as actions resulting in the blacklisting of our IP addresses by online spam databases or distributed denial-of-service (DDoS) attacks against servers, is strictly forbidden.

12. Unacceptable Content: Uploading or hosting unacceptable material, including but not limited to IRC bots, image or file storage services, mirror or banner-ad services, topsites, streaming services, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc.), bitcoin miners, sale of controlled substances without proper permits, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, MUDs/RPGs, hate sites, hacking-focused sites/archives/programs, sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers, and Spam Scripts.

We reserve the right to determine, at our sole discretion, whether content or activities violate this policy. If prohibited content or activities are detected, we may take appropriate action, including but not limited to account suspension, termination, or reporting to relevant authorities, without prior notice or refund.

You agree that we have the sole right to decide what constitutes a violation of this policy and the appropriate severity of any corrective action. Our decision in such cases is binding and final and cannot be subject to further change. We cannot and shall not be liable for any loss or damage arising from our measures against actions causing harm to us or any other third party.

Any backup copies of the hosting account may be permanently deleted upon termination, and no refund will be due. We will not be liable for any loss or damages in such cases.

At our discretion, we can remove any content we determine to be prohibited by this agreement or its Terms and Conditions. No backups will be kept of removed content.

You are solely responsible for ensuring that your content and activities comply with this policy and all applicable laws and regulations. Failure to comply may result in immediate account termination without prior notice or refund.

5. Email and Anti-Spam Policy

You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation concerning bulk and commercial email. Sending mass unsolicited email messages is strictly prohibited. All emails sent to recipients who have not provided Confirmed Opt-In or Closed-Loop Opt-In to your mailings will be considered unsolicited. You are required to maintain complete and accurate records of all consents and opt-ins and must provide these records to us upon request. If you are unable to provide verifiable proof of consent and opt-ins, we will consider the mass mailing unsolicited.

We prohibit the following activities, without limitation:

• Using our network and systems to receive replies to unsolicited mass email messages.
• Forging email headers (i.e., "spoofing").
• Sending spam through third-party proxies, aggregating proxy lists, or installing proxy mailing software.
• Configuring a mail server to accept and process third-party emails for sending without user identification and/or authentication.
• Hosting web pages advertised via "spam emails" sent from another network ("spamvertising").
• Hosting any web pages or providing any services that support spam.
• Using an API to bulk-generate or create mailboxes or email addresses.
• Using blog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages, or text/SMS messages to send or transmit unsolicited bulk messages.
• Advocating any activities that are prohibited under the Acceptable Use section of this Agreement.

If we determine that you have deliberately or recklessly used our hosting services to send SPAM email messages, we reserve the right to impose a £1000 charge on your account to cover administrative costs and the expenses involved in dealing with SPAM-related activity. You agree that we may assess this fee at our sole discretion, and that it will be charged to your account using the payment information provided during the acquisition of our services.

Furthermore, we reserve the right to share information regarding your SPAM-related activities, including your identity, with various anti-SPAM organisations and/or blacklists. We take SPAM issues very seriously and will take appropriate action to address any such activity whenever we deem it necessary.

6. Resources & Limitations

The shared hosting services we offer consist of providing web space on our servers, enabling you to upload website pages and files for the purpose of website publishing. These services may be offered on an ‘unlimited’ basis for server storage or bandwidth for routine non-file-distribution web usage. However, for websites allowing the downloading of video or audio files, we reserve the right to impose a limit of ten (10) GB total per account. Your use of server resources must not disrupt or endanger the capacity and operation of the shared server environment.

Any shared or reseller hosting service/account may use only the resources allocated according to the package. In using the Shared Hosting Services (unless using your own virtual private server), you may not:

• Use more than 10% of our platform’s processing capacity, which includes CGI scripts, intensive FTP, PHP, or HTTP operations.
• Run stand-alone, unattended server-side processes or any daemons, including but not limited to IRCd.
• Run any web spider or indexer.
• Run software that interfaces with an Internet Relay Chat (IRC) network.
• 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.
• Engage in file-sharing or peer-to-peer activities.
• Run any gaming servers or gaming-related facilities.
• Run cron jobs or scheduled tasks other than through our control panel.
• Give away web space under a domain (including resellers offering free websites).
• Operate a proxy website or service.
• Act as a remote file host for other websites.
• Operate self-hosted file sync or cloud storage services, including (but not limited to) OwnCloud, Pydio, and Sparkleshare.
• Run news/article blogs or websites that generate content via bots.

You must not use the Hosting Services as a backup or file-sharing facility. All files uploaded to our servers must be web-visible unless needed to operate the website. We reserve the right to delete files or directories violating these terms without notice. All web pages stored on our servers will be search engine accessible unless you prevent this. If optimising your website for search engines, you agree to use fully compliant coding as per guidelines from Google, Bing, Yahoo, etc.

MySQL databases may be limited to 1024 megabytes at our discretion. Larger databases may only run with prior consent and under our supervision. Accounts exceeding resource limits, based on LVE faults or our discretion, will be suspended for investigation. We reserve the right to remove accounts without guaranteeing backup availability to maintain server stability. We may offer a ‘burstable’ resource allowance, which is provided at our discretion. In some cases, we may extend resources to maintain server stability. If excessive faults or usage are identified, we reserve the right to permanently suspend or remove the account.

For over-usage, we will attempt to provide alternative solutions, including additional services or charges, either provided by us or through third parties. Although the number of accounts may be considered ‘unlimited’, we retain the right to impose limits when usage is deemed excessive or consumes more than 25% of the server’s total capacity. In such cases, we will attempt to offer alternative solutions, such as upgraded packages or services.

6.1 Disk Usage Provisions

The content on your website must be linked from an HTML or similarly coded web page, with all content freely available to the public. Your hosting account should primarily consist of HTML and PHP files. Downloadable files, media, and databases must comply with these limitations:

• 5 GB maximum for music, video, or other multimedia files, including (but not limited to) .aac, .avi, .mp3, .mp4, .mpeg, .jpg, .png, .gif files.
• 5 GB maximum for archive and disk image files.
• 1 GB maximum for databases and database dumps, including .sql files.
• 1 GB maximum for executable files and other compiled programs.

If your account uses higher burstable resources consistently, you must upgrade to a package with higher resource availability. We reserve the right to determine unfair or inappropriate usage, which may result in immediate suspension or required upgrades to a package with higher resource availability. This decision rests solely with us. We also reserve the right to remove file extensions such as .mp3, .mp4, .tar.gz, .zip, .wpress, .jpa, .exe, .wav without warning or notice.

6.2 Backup Limitations

Any shared hosting account using more than 10 GB of disk space or containing over 200,000 inodes may be excluded from our weekly or daily backups. Users exceeding these limits are responsible for their own backups. Accounts taking more than 1 hour to backup will be automatically excluded from the backup process. Backups are provided as a courtesy and are best effort. It's advisable to maintain your own off-site backups in all cases.

Softaculous backups will be removed from the server, and no copy will exist. Self-storage of backups within the hosting space is strictly prohibited. Plugins used for backups may only store backups off-site with an arranged cloud storage provider (e.g., Google Drive or S3). Excessive backups left on the system may lead to account suspension or removal.

For details of file exclusions from backups, refer to excluded backup files. Our backup schedule for shared hosting includes:

• 7 Daily Backups
• 4 Weekly Backups

These schedules may differ based on the service and at our discretion. We cannot be held responsible for missing or corrupt backup data. If an account is terminated or removed (whether intentionally or due to human error), we may retain backups for a maximum of 48 hours. Backup retention policies do not apply after termination. Restoring any account after cancellation or closure, or after a service becomes overdue, will incur administrative charges.

6.3 Email Services and Limitations

You must use email and related services in full compliance with the following terms: To ensure server performance, you may not send/forward more than the specified number of emails per hour per domain as outlined here.

• A single user/domain may host no more than 200 mailboxes.
• Email storage shall not exceed 50 GB per account for Shared Hosting accounts.
• Shared or Reseller hosting accounts are limited to 50 email addresses per user.
• You may perform up to 100 email checks per hour for IMAP/POP3 mailboxes.
• For POP3, you may have up to 10 concurrent connections per IP address on Shared and Reseller servers, and up to 20 concurrent connections on Business and Email servers.
• For IMAP, you may have up to 30 concurrent connections per IP address.

We reserve the right to limit email volume by queuing messages internally or temporarily rejecting requests. Email blocking may occur without prior notice. We shall not be liable for any indirect, special, or consequential damages arising from email blocking or queuing.

7. IP Addresses

We assign an Internet Protocol (IP) address to you in connection with your use of our services. The right to use that IP address remains solely with us, and you will not have any right to use the IP address except as we allow, at our sole discretion.

7.1 IPv4 Usage

Due to the exhaustion of IPv4 address space, we actively conserve IP addresses by limiting the number of IP addresses each web hosting account can use.

• Shared hosting accounts may use only 1 IP address.
• This IP address limit is enforced on a per-account basis, not per customer. Customers may hold multiple accounts to obtain additional IP addresses, but we encourage customers to only request additional IP addresses when essential. We require justification for all IP address usage to ensure optimal and fair resource distribution.

8. SSH Access

You may enable SSH access within your account or by contacting our support team. Once enabled, you will be granted Jail/Caged access to the system on a provisional basis. Any misuse of this access, including attempts to bypass security restrictions, will result in the revocation of access. The use of PHP or any other methods to circumvent these restrictions will result in immediate account termination.

9. Third-Party Software

We provide third-party software for easier account management, including but not limited to cPanel and Softaculous. This software is provided on an "as is" and "as available" basis, and we do not guarantee that any specific results can be obtained by using such software. We do not take responsibility for any faults or malfunctions in this software.

You may add and use third-party software on your account only if it is compatible with our servers and approved by us. Use of third-party software is at your own risk, and we will not be responsible for performance issues or guarantee any specific outcome. We have no liability for any damage, loss of data, loss of use, or other losses occurring in connection with your use of third-party software or products.

You are solely responsible for any licenses and fees required by third-party software providers, except for software provided as part of the initial account setup unless otherwise agreed in writing.

10. Network Interruptions and Downtime

We will use our best efforts to maintain continuous Internet access for your account. You acknowledge that the network may experience downtime due to factors including, but not limited to, utility interruptions, equipment failures, natural disasters, acts of God, or human error. We shall not be held liable for any damages resulting from or related to network failure or service delays in providing Internet access under this Agreement.

In no event shall Relyweb be liable to you for any indirect, special, or consequential damages, including lost profits, arising out of or related to this Agreement or its performance or breach. The total aggregate liability of Relyweb under this Agreement, if any, shall in no event exceed the total amount actually paid by the Account Holder for services within the month when the incident occurred. This liability is subject to the terms of our Service Level Agreement (SLA). The provisions of this section shall survive the termination of this Agreement.

11. Support Services

11.1 What We Provide

We will use reasonable efforts to correct any errors or omissions in the Services as soon as practicable during Business Hours on Business Days, once we have received full and clear information regarding the issue. However, we do not guarantee that the Services will be entirely free from faults. Support is provided through a ticketing system available via your Account, which you can use to report faults or submit queries (“Support Services”). We will make reasonable efforts to respond to support requests in a timely manner, but we cannot guarantee specific results or resolution times. In some cases, we may need to seek support from third-party providers that assist us in delivering the Support Services.

11.2 Exclusions

The following items are expressly excluded from the Support Services:

• Rectification of lost or corrupted data or Material;
• Rectification of any issues arising due to your failure to maintain appropriate backups;
• Resolving faults or defects resulting from your failure to comply with this Agreement or any other agreement between you and us;
• Changes or updates to the content of any website that is subject to this Agreement.

We may choose, at our absolute discretion, to provide support for any of the above-excluded services. We will not be held liable for our provision of such services.

11.3 Charges

Support Services are included with every Agreement at no extra charge. However, services that are excluded under 11.2 or require additional manual intervention may be provided at our discretion and may incur additional charges.

11.4 Support for Third-Party Software

We may provide support for third-party software and services/products purchased through our Services. However, the provision of such support depends on the third party supplying us with appropriate support. If a third-party service is encrypted, encoded, or requires specific input from the third-party provider, we may refer you directly to their support department.

11.5 No Liability for Third-Party Actions

We will not be liable for the actions or software of third-party providers, the software they license, or the services/products they provide to you through our platform. We make no guarantees regarding the availability or quality of support for any third-party services or software.

11.6 Service Restoration/Access

In the event that your account or service has been cancelled or terminated, and we have access to a backup, an administrative charge will apply for the restoration of your services. The minimum charge for this service will be £25 per restored account, but the fee may increase depending on the size, resources, and time required to complete the restoration. Any additional support or manual intervention required post-restoration may also be charged at an agreed hourly rate.

12. Service Suspension and Termination

12.1 Right to Suspend or Terminate

We reserve the right to suspend or terminate services if your usage violates this Policy or if your activities negatively impact our infrastructure or other customers. This includes, but is not limited to, instances of excessive resource usage, spam activity, or illegal content.

12.2 Immediate Suspension

Accounts found in violation of this Policy, including engagement in prohibited activities outlined herein, will be suspended immediately. This means:

• Access to your data and services will cease.
• Backups may be permanently deleted without further notice.
• You will be notified of the suspension and, where appropriate, provided with information on how to remedy the violation.

12.3 Termination for Non-Compliance

In cases where violations are not rectified within a reasonable period, we reserve the right to terminate your account permanently. Termination may result in the loss of data, services, and any remaining credits associated with your account.

12.4 No Liability for Suspension or Termination

We will not be held liable for any losses or damages resulting from the suspension or termination of services due to your breach of this Policy. This includes the deletion of any data or backups.

13. Limitation of Liability; Waiver and Release

The services provided by us are offered on an "AS IS" basis, and we expressly disclaim any and all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. Without limiting the generality of the foregoing, Relyweb does not warrant that the services or products provided will:

• Meet your requirements,
• Function as intended,
• Be uninterrupted or error-free.

You understand and agree that any material or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from such activity. No advice or information, whether oral or written, obtained from Relyweb or its representatives will create any warranty not expressly stated in this Agreement.

You agree that Relyweb will not be liable for any:

1. Suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement.
2. Interruption of business.
3. Access delays or interruptions to the website(s) provided through or by the Services.
4. Loss or liability resulting from acts of God or force majeure.
5. Data non-delivery, mis-delivery, corruption, destruction, or other modifications.
6. Events beyond our control.
7. Processing delays for your application for Services.
8. Loss or liability resulting from unauthorised use or misuse of your account identifier or password.

We have no control over information on the Internet, which may be inaccurate, offensive, or illegal. We accept no responsibility for any such information that you may receive or transmit via the Internet. You assume full responsibility to verify the truth, accuracy, legality, and ownership of the information you disseminate or display while using the Services. We are under no obligation to back up any data related to your website.

14. Reservation of Rights

We explicitly reserve the right, at our sole discretion, to:

1. Modify pricing for its services and/or products as necessary.
2. Establish limits and guidelines regarding the use of our services and/or products.
3. Terminate your use of our services and/or products if:
   • You engage in activities that unnecessarily or illegally harass Relyweb or third parties.
   • You fail to pay fees for the services and/or products provided by us to you.
   • You participate in activities designed to defame, embarrass, harm, abuse, threaten, slander, or harass third parties.
   • You engage in activities prohibited by the laws of the United States and/or foreign territories where you conduct business.
   • You encourage unlawful behaviour, such as hate crimes, terrorism, or child pornography.
   • You engage in activities that are tortious, vulgar, obscene, invasive of privacy, or otherwise objectionable in our sole opinion.
   • You impersonate the identity of a third party or attempt to harm minors in any way.
   • Your actions or activities, whether lawful or unlawful, are deemed harmful to other customers, our operations, or our reputation.
4. Terminate your use of the services and/or products if your usage results in, or is likely to result in, legal action or threatened legal action against us or any of our affiliates or partners, regardless of whether the legal action has merit.
5. Terminate your use of the services and/or products at any time and for any reason, if deemed reasonably necessary by us.

We are under no obligation to monitor your use of our services and/or products but reserve the right to do so at our sole discretion.

14.1 Right of Refusal:

We retain the right to refuse services to anyone, at our discretion. We also reserve the right to refuse service to any customer found to be abusing promotional offers, discounts, or temporary pricing.

15. Amendments and Changes to Policy

We reserve the right to update or modify this Hosting and Fair Use Policy at any time. Any changes will be posted on our website, and your continued use of our services constitutes your acceptance of these changes.

For any inquiries or clarifications regarding this Hosting and Fair Use Policy, please contact our support team through your account dashboard.