The Service is provided to authorised persons or organisations (referred to in this document as “Subscriber” or “you” or “Client”). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of these Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.
Coverage – If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you.
Backups – Innova Limited carries out backups on a daily basis, these backups are strictly for our own use in-case of a server failure. Your use of the service is at your sole risk. We provide our Clients with Automated Backups as an optional service which can be found under our Services. Should you choose not to sign up for these services, Innova Limited is not responsible for files and data residing on your account and in any event resulting your data being lost. You agree to take full responsibility for files and data transferred and to maintain all appropriate, backup of files and data stored on Innova Limited servers. Although we will try our best to recover data on a ‘per incident’ basis at a charge which is based on the nature of incident.
Grounds for Suspension and Termination
You agree to comply with these Terms and Policies.
Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Innova Limited to suspend or terminate your account. You agree that Innova Limited has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:
- Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)
- Using the Service to host illegal adult material, we do not support it on our services. Note that legal material can be hosted with us. If any illegal material is found or reported, this will result in an instant termination of service, without warning.
- Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail (“spamming”); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a clean up fee of £150 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.
- Using your hosting as a file or image hosting service.
- Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
- Using your account as a backup service. All files must be part of your website and must be linked to from your account. Dedicated server clients are exempt from this.
- Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender’s identity or location. This includes the hosting of Proxy Server applications.
- Uploading or storing warez, cracks or other pirated software.
- Excessively using the Service in such a way as to limit the bandwidth available to others.
- Providing fake or incomplete contact details, including name, postal address and telephone number.
- Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, Web servers, or streaming audio/video servers
- Using the Service for unauthorised relays through any third party systems.
- Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
- Performing a chargeback on any transactions past or present will result in account suspension until resolved. If a chargeback is issued we reserve the right to remove your account any deny any future business.
- Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.
- Using the Service to add or attempt to add addresses to any mailing list (yours or a third party’s) without the explicit positive consent of the addressee(s).
- Attempting to cancel, supersede, or otherwise interfere with email other than your own.
- Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
- Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.
- Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
- No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, Innova Limited may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
- Security – You agree not to access or attempt to access private areas of the Service. You agree to notify Innova Limited as soon as you become aware of an unauthorised use of your account and/or any breach or attempted breach of security on the Service.
- Intellectual Property – Innova Limited does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to us via contact form.
- Continuing a specific identification of the allegedly infringing material and the location(s) Innova Limited’s facilities where the materials are to be found. Upon receipt of such written notice, Innova Limited will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If Innova Limited receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, Innova Limited will send you a copy of that notification. Unless you notify Innova Limited of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or other wise made accessible again.
- Liability – You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Innova Limited, neither Innova Limited nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Innova Limited neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that Innova Limited is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on Innova Limited equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless Innova Limited and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
- You agree that, should you use the Service to send or receive voice communications, Innova Limited is not acting as a telecommunications carrier or telephone company, that there is no representation made by Innova Limited as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that Innova Limited has no liability of any sort for the failure or lack of quality of such use of the Service.
- You agree to be liable for any damages or loss of service which results in damages to Innova Limited as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Innova Limited may pursue any such claims against you in Court.
- You agree that in no event will Innova Limited have financial liability to you.
- Warranty – INNOVA LIMITED MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD INNOVA LIMITED ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY INNOVA LIMITED OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
- THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY INNOVA LIMITED ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS; INNOVA LIMITED DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. INNOVA LIMITED DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.