Terms of Service

The legal stuff…

45b – Terms of Service.

By hosting with 45b you are indicating your acceptance of the following terms.

Service: 45b reserves the right to cancel any services/account   with out notice for reasons it sees as fit and just. 45b also reserves the right   to refuse service and /or access to its servers to anyone.

Resellers:   All resellers of any services provided by 45b are responsible for ensuring all users adhere to all of our terms of service. If a user running under a reseller’s account is found to breach our terms then the resellers account is liable for instant termination.

UCE (Unsolicited Commerce Email) – SPAM: Spamming, the sending of unsolicited mass email from or through a 45b server or using an email address that is maintained on an 45b machine is prohibited. 45b will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a website hosted on a 45b server, or if they sell or distribute software on their website that facilitates spamming. Violators will be assessed a minimum fine of £200.00 and will face immediate suspension from all 45b services. Do not spam! This includes sending any type of mass mailing to anyone on the Internet that does not want it. Sending ANY type of mass mailing even to people that have requested it has a risk, if SPAM is reported, service is ended. This includes but is not limited to opt in mailing lists. Accounts that are found to be used for any kind of mass mailing service whether opt-in or not will face immediate suspension from all 45b services.

Please report any instances of spamming to info@45b.co.uk detailing as much information as possible, clearly identifying the source of the unsolicited email. This will then be investigated, dealt with and replied to within 24 hours.

Distribution of Viruses:     Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

Indemnification:   Customer agrees that it shall defend, indemnify, save and hold 45b harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against 45b, 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 45b against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with 45b’s server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement (4) defective products sold to customer from 45b’s server; (5) data loss.

Security:   Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorised access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet SubHead or any part of the SubHead information in an email or a newsgroup posting.

Server Resources:   Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a different hosting plan. 45b shall be the sole arbiter of what is considered to be a high server usage level. Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Content: The disk space allocated with all hosting plans is only to be used to provide web-based content to viewers. All files under a users account must be linked to the websites associated with that account. Using a hosting account as a backup or storage device is not permitted, with the exception of any backup files created by our systems or staff.

File/Folder Number Limits:   The use of more then 25,000 files or folders of any type in a domains webspace will result in account suspension and removal.   Accounts found exceeding 25,000 files or folders will not be backed up on our backup servers. This is not related to the size of files or directories, just the number of them.

IRC:   45b does not allow IRC or IRC bots to be operated on our servers.

Chat Rooms : 45b does not allow clients to install chat room software. The majority of chat rooms tend to be resource intensive and put a large strain on servers reducing the overall experience for other customers on that server.

Communication with our staff:     Any attempts to undermine, slander, libel, threaten, swear at, harass, or cause harm to any 45b customer, employee, or the company directly is strictly prohibited and is grounds for immediate account termination. In addition, 45b will pursue all attempts to the fullest extent of the law.

Disclaimer:   45b will not be responsible for any damages your business may suffer. 45b makes no warranties of any kind, expressed or implied for services we provide. 45b 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 45b and its employees or from hardware/software failure. 45b reserves the right to revise its policies at any time.

The following content is not allowed to be stored, linked to,   transmitted or distributed from any 45b service. If a users account is found to run any of the below  then the account is liable for instant termination:

Copyright   Hosting, Distributing, or Linking to Copyright Infringed Materials.

Forgery     Faking an IP Address, Hostname, E-Mail Address, or SubHead.

Invalid Hostname     A vain, obscene, or malicious host or domain name.

IRC     Internet Relay Chat Server

Pharmaceuticals     Hosting, Distributing, or Linking to Pharmaceutical/Drug Sites.

Shells     Hosting Accounts Primarily for Shell Access.

Spam Email     Unsolicited Bulk Email (UBE).

Spam News     Posting the same message repeatedly in one or more newsgroups or posting an off-topic message to a newsgroup.

Spam Site     Hosting a Site Advertised by Spam Email, Spam News, or Spam Web.

Spam Web     Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, or Guest books.

Tools     Hosting, Distributing, or Linking to Cracking, DoS, Forgery, Infection, or Scanning Software or Instruction.

Trademark     Hosting, Distributing, or Linking to Trade Mark Infringed Materials.

Wares     Hosting, Distributing, or Linking to Cracks, Hacks, Key Generators, Serials, or Pirated Software.

Advance Fee Fraud     Spam to Solicit an Advance Fee in Return for Monetary Gain.

HYIP Site     Hosting or Linking to a Website of High Yield Investment Program, Ponzi Scheme, or Pyramid Scheme.

Infection     Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms.

IP Blacklist     Causing an IP to be Blacklisted at an ISP, Upstream Provider, Backbone Provider, or an Established Blacklist Site.

IRC Malicious     Malicious Use of Internet Relay Chat.

Scanning     Probing for Vulnerabilities of Network Devices.

Spam List     Hosting, Distributing, or Linking to Email Address Lists for Spam.

Spam Ware     Hosting, Distributing, or Linking to Software Designed for Spamming.

Web Spider     Use of a Web Spider, Crawler, or Bot for Unauthorized Connection to 3rd Party Web Servers.

Child Porn Link     Linking to Content of Pornography Involving a Person Under Legal Age.

Cracking     Brute Force Access of Secured Network Devices.

DoS     Denial of Service Attack of Network Devices.

Fraud Site     Hosting or Linking to a Website Intended to Deceive the Public.

Hacking     Circumventing Security Systems of Network Devices.

ID Theft     Hosting, Distributing, or Linking to Stolen Account Identification Information.

Open Proxy     Hosting an Open Proxy.

Open Relay     Hosting an Open Relay.

Phishing     Identity Theft by Email Under False Pretense.

Proxy Hijack     Use of a Third Party Proxy Vulnerability or Trojan.

Terrorist Site     Hosting or Linking to a Site Advocating Terrorism.

Child Porn Dist     Distributing Content of Pornography Involving a Person Under Legal Age.

ROKSO     ROKSO Blacklisting at www.spamhaus.org of an IP.   See http://www.spamhaus.org/rokso/index.lasso

Upstream AUP     Violation of AUP of an Upstream Provider of 45b Ltd

Child Porn Host     Hosting Content of Pornography Involving a Person Under Legal Age.