Terms and Conditions of Service
Please note that you have to read and agree to our Terms Of Service
(TOS), Acceptable Usage Policy (AUP) and Fair Usage Policy detailed on this
page before signing up to any of our services:
Terms Of Service
Acceptable Usage Policy
Fair Usage Policy
.uk domain names: Please note, that by registering a .uk domain name, you enter
in a contract of registration with Nominet UK and that their terms and
conditions are a separate contract to those provided by ourselves. Please
ensure you read and agree with Nominet's terms and conditions before ordering a
.uk domain name.
Terms Of Service
Productive Business Solutions Ltd ("the company") agrees to furnish
services to the subscriber, subject to the following TOS (Terms of Service).
Use of our services constitutes acceptance and agreement to our acceptable
usage policy.
All provisions of this contract are subject to the TOS (Terms of Service), AUP
(Acceptable Use Policy) and the Fair Usage policy of Productive Business
Solutions. The AUP, TOS and Fair Usage policy ("the policies") may be changed
from time to time at the discretion of the Company. Subscriber understands that
change to the policies by the Company shall not be grounds for early contract
termination or non-payment. This Agreement shall be construed in all respects
in accordance with the laws of the United Kingdom of Great Britain, Scotland,
Wales and Northern Ireland.
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our
service for illegal activities. Therefore, Subscriber agrees that the Company
may disclose any and all subscriber information including assigned IP numbers,
account history, account use, etc. to any law enforcement agent who makes a
written request without further consent or notification to the Subscriber. In
addition Productive Business Solutions Ltd shall have the right to terminate
all service set forth in this Agreement.
Service Rates: Subscriber acknowledges that the nature of the service furnished
and the initial rates and charges have been communicated to Subscriber.
Subscriber is aware that the Company may prospectively change the specified
rates and charges from time to time. Any promotional offer is contingent upon
Company achieving and maintaining its cost of service goals including but not
limited to rates charged to company by its suppliers.
Payment: Establishment of this service is dependent upon receipt by the Company
of payment of stated charges. Subsequent payments are due on the anniversary
date of the billing cycle for the forthcoming period. All accounts and services
provided by Productive Business Solutions Ltd are subject to VAT under the laws
of the United Kingdom.
Payments and Fees: Service will be interrupted on accounts that reach 10 days
past due. Service interrupted for nonpayment may be subject to a reconnect
charge. Accounts that are not collectable by Productive Business Solutions Ltd
may be turned over for collection to an outside agency whose fees will be in
addition to any already occurred by the customer. The Company may temporarily
deny service or terminate this Agreement upon the failure of Subscriber to pay
charges when due. Such termination or denial will not relieve Subscriber of
responsibility for the payment of all accrued charges, plus reasonable interest
and any collection fees.
Refund and Disputes: All payments to Productive Business Solutions are non
refundable: this includes any setup fees or any subsequent charges regardless
of usage. All overcharges or billing disputes must be reported within 30 days
of the time the dispute occurred.
Subscriber acknowledges that the service provided is of such a nature that
service can be interrupted for many reasons other than the negligence of the
company and that damages resulting from any interruption of service are
difficult to ascertain. Therefore, subscriber agrees that the company shall not
be liable for any damages arising from such causes beyond the direct and
exclusive control of the company. Subscriber further acknowledges that the
company's liability for its own negligence may not in any event exceed an
amount equivalent to charges payable by subscriber for services during the
period damages occurred. In no event shall the company be liable for any
special or consequential damages, loss or injury
New Domain Accounts: All new web hosting accounts involving new domains will be
set up and entered into our DNS servers within 5 business days. Due to
unforeseen complications, however, this process may sometimes require up to 7
business days.
Support Boundaries: We limit our technical support to our area of expertise.
The following is our guidelines when providing support: Productive Business
Solutions Ltd provides support related to your server or systems physical
functioning. Productive Business Solutions Ltd does not offer tech support for
application specific issues such as html programming or any other such issue.
SPAM and Unsolicited Commercial Email (UCE): Productive Business Solutions Ltd
takes a zero tolerance approach to the sending of Unsolicited Commercial Email
(UCE) or SPAM over our network. Very simply this means that customers of
Productive Business Solutions Ltd may not use or permit others to use our
network to transact in UCE. Customers of Productive Business Solutions Ltd may
not host, or permit hosting of, sites or information that is advertised by UCE
from other networks. Violations of this policy carry severe penalties,
including termination of service.
Network:
System and Network Security: Users are prohibited from violating or attempting
to violate the security of the Productive Business Solutions Ltd Network.
Violations of system or network security may result in civil or criminal
liability. Productive Business Solutions Ltd will investigate occurrences,
which may involve such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting Users who are involved in such
violations. These violations include, without limitation:
Accessing data not intended for such User or logging into a server or account,
which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including,
without limitation, via means of overloading, "flooding", "mail bombing" or
"crashing".
Forging any TCP/IP packet header or any part of the header information in any
e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not
entitled.
Notification of Violation: Productive Business Solutions Ltd is under no duty
to look at each customer's or user's activities to determine if a violation of
the AUP has occurred, nor do we assume any responsibility through our AUP to
monitor or police Internet-related activities.
Suspension of Service or Cancellation: Productive Business Solutions Ltd
reserves the right to suspend network access to any customer if in the judgment
of the Productive Business Solutions Ltd network administrators the customer's
account is the source or target of the violation of any of the other terms of
the AUP or for any other reason which Productive Business Solutions Ltd
chooses. If inappropriate activity is detected, all accounts of the Customer in
question will be deactivated until an investigation is complete. Prior
notification to the Customer is not assured. In extreme cases, law enforcement
will be contacted regarding the activity. The customer will not be credited for
the time the customer's accounts were suspended.
Productive Business Solutions Ltd reserves the right to amend its policies at
any time. All customers and resellers of Productive Business Solutions Ltd must
adhere to the above policies. Failure to follow any term or condition will be
grounds for immediate Cancellation. You will be held responsible for the
actions of your clients in the matter described on these Terms and conditions.
Therefore, it is in your best interest to implement a similar or stricter Terms
and conditions or otherwise called Acceptable Terms of use policy.
Indemnification: Productive Business Solutions Ltd wishes to emphasize that in
agreeing to the Productive Business Solutions Acceptable Use Policy (AUP) and
Terms of Service (TOS), customer indemnifies Productive Business Solutions Ltd
for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS)
that results in loss to Productive Business Solutions Ltd or the bringing of
any claim against Productive Business Solutions Ltd by any third-party. This
means that if Productive Business Solutions Ltd is sued because of a customer's
or a customer of a customer's activity, the customer will pay any damages
awarded against Productive Business Solutions Ltd, plus all costs and legal
fees.
Miscellaneous Provisions: You must provide us with, and keep current, good
contact information for you. E-mail, fax, and telephone contacts are used, in
that order of preference.
A waiver by the Company of any breach of any provision of this Agreement by
Subscriber shall not operate as or be construed as a continuing or subsequent
waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior
written consent of the Company. Company may assign Agreement at anytime without
consent from or notice to Subscriber. Company reserves right to cancel
customers rights under this contract at anytime without further obligation.
Productive Business Solutions Ltd takes no responsibility for any material
input by others and not posted to the Productive Business Solutions Ltd Network
by Productive Business Solutions Ltd. Productive Business Solutions Ltd is not
responsible for the content of any other web sites linked to the Productive
Business Solutions Ltd Network; links are provided as Internet navigation tools
only. Productive Business Solutions Ltd disclaims any responsibility for any
such inappropriate use and any liability to any person or party for any other
person or party's violation of this policy.
Productive Business Solutions Ltd is not responsible for any damages your
business may suffer. Productive Business Solutions Ltd does not make implied or
written warranties for any of our services. Productive Business Solutions Ltd
denies any warranty or merchantability for a specific purpose. This includes
loss of data resulting from delays, non-deliveries, wrong delivery, and any and
all service interruptions caused by Productive Business Solutions Ltd.
Content: It is absolutely forbidden to host pornographic content (including
links to pornographic sites in any form), illegal content (or sites encouraging
illegal activities of any kind), hate or racist content, third-party
copyrighted material, "warez" (including pirated software, ROMS, emulators,
"phreaking", hacking, password cracking material - and links to the same),
sites not in the English language, or IRC servers on our network. It is also
forbidden to use our service as a "remote/off site back up" or a "filestore"
solution. Accounts found hosting this material will be subject to immediate
cancellation without refund. Productive Business Solutions Ltd reservers the
right to terminate accounts hosting material, which in its sole opinion, may be
classed as "undesirable content" or which may pose a risk (of any sort) to
either Productive Business Solutions Ltd as a company, our network or servers
or to a third party.
Responsibility for Content: You, as Productive Business Solutions Ltd's
customer, are solely responsible for the content stored on and served by your
account. It is your sole responsibility to ensure that you have up to date
backups of any and all data relating to your account - Productive Business
Solutions Ltd can not take responsible for any loss or damage of any data.
Acceptable Usage Policy
Productive Business Solutions Ltd's Acceptable Use Policy ("AUP") is provided
to give our customers and users a clear understanding of what Productive
Business Solutions Ltd expects of them while using the service. All users of
Productive Business Solutions Ltd's Internet services: those who access some of
our Services but do not have accounts, as well as those who pay a service fee
to subscribe to the Services, must comply with this AUP and our TOS (Terms of
Service).
Use of Productive Business Solutions Ltd's Service constitutes acceptance and
agreement to Productive Business Solutions's AUP as well as Productive Business
Solutions Ltd's TOS (Terms of Service). All payments to Productive Business
Solutions Ltd are Non-refundable.
We support the uncensored flow of information and ideas over the Internet and
do not actively monitor subscriber activity under normal circumstances.
Similarly, we do not exercise editorial control over the content of any web
site, e-mail transmission, newsgroups, or other material created or accessible
over or through the services, except for certain proprietary Web sites.
However, in accordance with our TOS (Terms of Service), we may remove any
materials that, in our sole discretion, may be illegal, may subject us to
liability, or which may violate this AUP. Productive Business Solutions Ltd may
cooperate with legal authorities and/or third parties in the investigation of
any suspected or alleged crime or civil wrongdoing. Your violation of this AUP
may result in the suspension or immediate termination of either your Productive
Business Solutions account or other actions WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of Productive Business
Solutions's Acceptable Use Policy. The following are guidelines for the
establishment and enforcement of Productive Business Solutions's AUP:
Ensure reliable service to our customers
Ensure security and privacy of our systems and network, as well as the networks
and systems of others
Comply with existing laws
Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and discourage activities which
reduce the usability and value of Internet services
Preserve the value of Internet resources as a conduit for free expression and
exchange of information
Preserve the privacy and security of individual users
Productive Business Solutions Ltd intends to provide its customers access to
everything the Internet has to offer. While the Productive Business Solutions
Ltd is firmly committed to the principles of free speech, certain activities
that may be damaging to the resources of both the Productive Business Solutions
Ltd and the Internet and cannot be permitted under the guise of free speech.
The resources of the Productive Business Solutions Ltd and the Internet are
limited, and abuse of these resources by one user has a negative impact on the
entire community.
We do not routinely monitor the activity of accounts except for measurements of
system utilization, the preparation of billing records and during technical
support requests. However, in our efforts to promote good citizenship within
the Internet community, we will respond appropriately if we become aware of
inappropriate use of our service.
You may not use your account to publish material, which Productive Business
Solutions determines, at its sole discretion, to be unlawful, indecent or
objectionable. For purposes of this policy, "material" refers to all forms of
communications including narrative descriptions, graphics (including
photographs, illustrations, images, drawings, logos), executable programs,
video recordings, and audio recordings.
If an Productive Business Solutions Ltd account is used to violate the
Acceptable Use Policy or our TOS, we reserve the right to terminate your
service without notice. We prefer to advise customers of inappropriate
behaviour and any necessary corrective action, however, flagrant violations of
the Acceptable Use Policy will result in immediate termination of service. Our
failure to enforce this policy, for whatever reason, shall not be construed as
a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet access
responsibly. If you have any questions regarding this policy, please contact
us.
Violations of Acceptable Usage Policy
The following constitute violations of this AUP:
Illegal use: Productive Business Solutions Ltd's services may not be used for
illegal purposes, or in support of illegal activities. Productive Business
Solutions Ltd reserves the right to cooperate with legal authorities and/or
injured third parties in the investigation of any suspected crime or civil
wrongdoing.
Harm to minors: Use of the Productive Business Solutions Ltd service to harm,
or attempt to harm, minors in any way, including, but not limited to child
pornography.
Threats: Use of the Productive Business Solutions Ltd service to transmit any
material (by e-mail, uploading, posting or otherwise) that threatens or
encourages bodily harm or destruction of property.
Harassment: Use of the Productive Business Solutions Ltd service to transmit
any material (by e-mail, uploading, posting or otherwise) that harasses
another.
Fraudulent activity: Use of Productive Business Solutions Ltd service to make
fraudulent offers to sell or buy products, items, or services, or to advance
any type of financial scam such as "pyramid schemes," "ponzi schemes," and
"chain letters."
Forgery or impersonation: Adding, removing or modifying identifying network
header information in an effort to deceive or mislead is prohibited. Attempting
to impersonate any person by using forged headers or other identifying
information is prohibited. The use of anonymous remailers or nicknames does not
constitute impersonation.
Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of the
Productive Business Solutions Ltd service to transmit any unsolicited
commercial or unsolicited bulk e-mail is expressly prohibited. Violations of
this type will result in the immediate termination of the offending Productive
Business Solutions Ltd account
E-mail / News Bombing: Malicious intent to impede another person's use of
electronic mail services or news will result in the immediate termination of
the offending Productive Business Solutions Ltd account.
E-mail / Message Forging: Forging any message header, in part or whole, of any
electronic transmission, originating or passing through the Productive Business
Solutions Ltd service is in violation of this AUP.
Usenet SPAMing: Productive Business Solutions Ltd has a zero tolerance policy
for the use of its network for the posting of messages or commercial
advertisements, which violate the rules, regulations, FAQ or charter of any
newsgroups or mailing list. Commercial messages that are appropriate under the
rules of a newsgroup or mailing list or that are solicited by the recipients
are permitted.
Unauthorized access: Use of the Productive Business Solutions Ltd service to
access, or to attempt to access, the accounts of others, or to penetrate, or
attempt to penetrate, security measures of Productive Business Solutions Ltd's
or another entity's computer software or hardware, electronic communications
system, or telecommunications system, whether or not the intrusion results in
the corruption or loss of data, is expressly prohibited and the offending
Productive Business Solutions Ltd account is subject to immediate termination.
Copyright or trademark infringement: Use of the Productive Business Solutions
Ltd service to transmit any material (by e-mail, uploading, posting or
otherwise) that infringes any copyright, trademark, patent, trade secret or
other proprietary rights of any third party, including, but not limited to, the
unauthorized copying of copyrighted material, the digitisation and distribution
of photographs from magazines, books, or other copyrighted sources, and the
unauthorized transmittal of copyrighted software.
Collection of personal data: Use of the Productive Business Solutions Ltd
service to collect, or attempt to collect, personal information about third
parties without their knowledge or consent.
Network disruptions and unfriendly activity: Use of the Productive Business
Solutions Ltd service for any activity which affects the ability of other
people or systems to use Productive Business Solutions Ltd Services or the
Internet. This includes "denial of service" (DOS) attacks against another
network host or individual user. Interference with or disruption of other
network users, services or equipment is prohibited. A Subscriber may not,
through action or inaction, allow others to use their network for illegal or
inappropriate actions. A Subscriber may not permit their account, through
action or inaction, to be configured in such a way that gives a third party the
capability to use their account in an illegal or inappropriate manner.
Unauthorized entry and/or use of another company and/or individual's computer
system will result in immediate account termination. Productive Business
Solutions Ltd will not tolerate any subscriber attempting to access the
accounts of others, or penetrate security measures of other systems, whether or
not the intrusion results in corruption or loss of data.
Fraud: Involves a knowing misrepresentation or misleading statement, writing or
activity made with the intent that the person receiving it will act upon it.
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual
Property Right: Distribution and/or posting of copyrighted or the
aforementioned infringements will not be tolerated.
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.
Inappropriate Use of Software: Use of software or any device that would
facilitate a continued connection, i.e. pinging, while using Productive
Business Solutions Ltd services could result in suspension service.
Third Party Accountability: Productive Business Solutions Ltd subscribers will
be held responsible and accountable for any activity by third parties, using
their account, that violates guidelines created within the Acceptable Use
Policy.
It is absolutely forbidden to host pornographic content or IRC servers on our
servers. Accounts found hosting this material will be subject to immediate
cancellation without refund
IRC networks: It is absolutely forbidden to host an IRC server that is part of
or connected to another IRC network or server. Servers found to be connecting
to or part of these networks will be immediately removed from our network
without notice. The server will not be reconnected to the network until such
time that you agree to completely remove any and all traces of the irc server,
and agree to let us have access to your server to confirm that the content has
been completely removed. Any server guilty of a second violation will result in
immediate account termination.
Security
You are responsible for any misuse of your account, even if the inappropriate
activity was committed by a friend, family member, guest or employee.
Therefore, you must take steps to ensure that others do not gain unauthorized
access to your account. In addition, you may not use your account to breach
security of another account or attempt to gain unauthorized access to another
network or server.
Your password provides access to your account. It is your responsibility to
keep your password secure.
Sharing your password and account access with unauthorized users is prohibited.
You should take care to prevent others from using your account since you will
be held responsible for such use
Attempting to obtain another user's account password is strictly prohibited,
and may result in termination of service.
You must adopt adequate security measures to prevent or minimize unauthorized
use of your account.
You may not 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 you, logging into or making use of a server or account you are not
expressly authorized to access, or probing the security of other networks. Use
or distribution of tools designed for compromising security is prohibited.
Examples of these tools include, but are not limited to, password guessing
programs, cracking tools or network probing tools.
You may not attempt to interfere with service to any user, host or network
("denial of service attacks"). This includes, but is not limited to, "flooding"
of networks, deliberate attempts to overload a service, and attempts to "crash"
a host.
Users who violate systems or network security may incur criminal or civil
liability. Productive Business Solutions Ltd 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.
Fair Usage Policy
Network Performance
Productive Business Solutions Ltd accounts operate on shared resources.
Excessive use or abuse of these shared network and hosting resources by one
customer may have a negative impact on all other customers. Misuse of network
resources in a manner which impairs network or server performance is prohibited
by this policy and may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time,
memory, disk space and session time. You may not use resource-intensive
programs which negatively impact other customers or the performances of
Productive Business Solutions Ltd systems or networks. Productive Business
Solutions Ltd reserves the right to terminate or limit such activities.
"Unlimited Bandwidth/Data transfer" accounts: Accounts specifying "unlimited
data transfer" allow you to transfer an unlimited amount of data to and from
your website as long as this does not impact server or network resources:
unless you are transferring over 350Mb of data per day (an average of over 10Gb
per month), this is unlikely to happen - but this "maximum recommendation" may
vary depending on network and server conditions and at Productive Business
Solutions Ltd discretion.
REVISIONS TO THIS ACCEPTABLE USE POLICY, TERMS OF SERVICE AND FAIR USAGE POLICY
Productive Business Solutions Ltd reserves the right to revise, amend, or
modify this AUP, our TOS (Terms of Service), our fair usage policy and our
other policies and agreements at any time and in any manner. Notice of any
revision, amendment, or modification will be posted in accordance with our TOS
(Terms of Service).
Productive Business Solutions Ltd
4 Holme Road
Matlock Bath
Matlock
Derbyshire
DE4 3NU
Registered in England no 4504121. VAT No. 804 3153 66