Acceptable Use Policy (AUP) and Terms of Service (TOS)

Ubahost agrees to provide the client web hosting for a monthly/annual fee. Ubahost will never require clients to advertise for Ubahost on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Clients are allowed to use the service for business/commercial or personal websites or content.
Content:
All services provided by Ubahost may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Ubahost from any claims resulting from the use of the service which damages the subscriber or any other party.
Adult Content:
Ubahost will host legal adult content on the provision that: the content on your site does not break any Federal, State, or local laws. Ubahost reserves the right to refuse service if they feel that any adult content is of a questionable nature. Ubahost will be the sole arbiter as to what constitutes a violation of this provision.
Examples of non-acceptable content or links:
- Pirated software
- Hacking programs or archives
- Warez/P2P Sites
- Spam and Spamming Software
Background-running Processes:
We do not allow background-running processes. This includes any IRC related software such as bouncers and bots. We provide a hosting service not a shell service. You are not allowed to compile and run software on our hosting servers.
Scripting and Banned Scripts:
You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below.
Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Ubahost reserves the right to disable the account pending client cooperation and resolution.

Scripts we do not allow include:
- Chat servers/scripts of any kind are strictly prohibited.
- Formmail or any other email contact form script that is not coded to prevent abuse by spammers.
Excessive Use Of Server Resources:
Any client that uses an excessive amount of server resources which unfairly affects other customers (such as, but not limited to CPU Time, Memory Usage, and Network Resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level. Ubahost reserves the right to determine what violates this policy.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials:
Violation of indecency and obscenity laws can result in criminal penalties.
Defamation:
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Intellectual Property Rights:
Material accessible to you through Ubahost's Services may be subject to protection under United Kingdom (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Ubahost Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Ubahost Network. If you use a domain name in connection with the Ubahost Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Network Security:
Customers may not use the Ubahost Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Ubahost will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Refusal of Service:
Ubahost reserves the right at its sole discretion to refuse or cancel service. Violation of any of Ubahost's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer.
Spam Or Unsolicited E-Mail:
You must not use the Ubahost Network, Ubahost equipment or any Ubahost email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Ubahost Network, Ubahost equipment or any Ubahost email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

To help prevent spam all Ubahost hosting accounts are limited to sending a maximum of 250 emails per hour.
If you are found to have spammed, Ubahost reserves the right to disable your domain without warning. In addition, Ubahost may impose a £250 penalty for each spam policy violation. Ubahost solely reserves the right to refuse or cancel service to known spammers. Lastly, Ubahost reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Abuse:
Any attempts to undermine, slander, libel, threaten, or cause harm to a Ubahost server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.
Refunds Policy:
You may cancel your account at any time before your monthly billing date, and you will not be billed for the next month.
If you are paying quarterly or annually for web site hosting services, we will issue a pro-rata refund for months not used.
All domain registration fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term.
Setup fees (where applicable) are non-refundable under any circumstances.
We do not offer any kind of "money back" guarantee.
Cancelling Your Account:
To cancel your account you must contact support via the support ticket system in the members area, and confirm your username and password. We will then send an email to the account holders email address to confirm cancellation, upon receipt of a reply to said email you will not be billed again.
Changing a domains DNS to another provider or transferring a domain away from Ubahost does not constitute a cancellation request. A cancellation request must be submitted via our support ticket system.
Late Payment:
Payment must be made towards your account on its assigned due date. Ubahost will attempt to automatically rebill your chosen payment method each month.
If your account falls overdue or your chosen payment method is declined, your account may be suspended or terminated at the sole discretion of Ubahost. Ubahost may, at its sole discretion, charge a fee of £25 GBP to reinstate a suspended account.
When payment is declined from your chosen payment method we will send out an email notice and retry claiming payment the following day, this will generally occur 3 times over a 3-5 day period. After this period if we have not received due payment or had notification from you that the due payment is in hand, your account may be suspended or terminated at the sole discretion of Ubahost.
It is very important you keep your email address on file with us current. When you change email address please update your contact details in the members area.
Failure to keep us updated with your current email address may mean important communications dont reach you, resulting in suspension or termination of your hosting account.
Domain Expiry & Redemption Fee's:
Before a domain expires you will be reminded to renew your domain by email to the address we hold on file for you. On the date a domain expires it will be taken offline and you will have 30 days to contact us to renew the domain name at our regular renewal ratès.
After 30 days have passed from the expiry date, the domain is in its "redemption period" and to renew the domain at this stage will cost £100 (GBP) - this is a cost charged by the registry and passed on to you by us. After another 30 to 90 days from expiry have passed, the domain is released to the public so anyone can re-register your domain and you will lose it.
Backups:
Ubahost servers run daily backups of all important server (including customer) files to a secondary drive in the server. In addition to this we also do a weekly backup to a remote server as an extra safeguard. Please note however, these backups our for own recovery of any hardware or software failure and are not readily available to customers.
In the event you loose your data and do not have a local backup of it, we can try to restore the last server backup of your site, but we cannot provide any warranty as to the accuracy of any backups we store. There will be an administration charge of £25 for this service.
We HIGHLY RECOMMEND you take regular backups of all your files / databases and store them in a safe place.
Additional Labour Rates:
Any additional work you may require from Ubahost staff which does not fall within the usual support boundaries is charged at a rate of £30 (GBP) per hour, in 30 minute increments. All charges will be discussed before work commences on a per incident basis. Examples of work beyond the boundaries of normal support include: site scripting problems, script installation, website design and development.
Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Ubahost (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Ubahost, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Ubahost against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Ubahost server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Ubahost to the amount paid for service.
Disclaimer:
Ubahost will not be responsible for any damages your business may suffer. Ubahost makes no warranties of any kind, expressed or implied for services we provide. Ubahost disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Ubahost and its employees. Ubahost makes no "uptime" guarantees.
Ubahost keeps backups of server files only for our own use and these backups are not available for customer use. Ubahost can accept no responsibility for any loss of data or consequences arising from this. Ubahost always advises customers to back up their site data regularly for their own protection.
All communications (emails, verbal or written) are between Ubahost and the customer. These communications are private and are therefore not to be shared with any other parties.
This agreement is made between the customer (as specified in the customer details section when placing your order) and Ubahost. If you are purchasing hosting on behalf of another party please ensure you specify the account owners details in the customer details section. Ubahost will only be able to communicate with regards to the account with the registered customer and not a third-party.
Finally, Ubahost wishes to emphasize that in accepting services, customers indemnify Ubahost for the violation of any law or Ubahost policy, that results in loss to Ubahost or the bringing of any claim against Ubahost. This means that if Ubahost is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Ubahost, plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions will result in immediate account deactivation.
Ubahost reserves the right to edit or update these policies at any time for any reason without notice.