Terms of Service
040 Hosting ("The Company")
agrees to furnish services to
the Subscriber, subject to the
following TOS (Terms of
Service).
Use of 040 Hosting Service
constitutes acceptance and
agreement to 040 Hosting TOS
(Terms of Service).
All provisions of this contract
are subject to the TOS (Terms of
Service) of 040 Hosting
IMPORTANT:
These are the rules in short,
but please do continue and read
the rest of this page, if any
questions arise please do
contact us before you sign up,
we like to be clear to our
customers and run smooth
operations for all our
customers. If you have a problem
with the below rules find
another company which is willing
to accept these services. If you
are a future dedicated server
customer and are in need of some
of the below prohibited programs
please contact sales to discuss,
no illegal material is ever
allowed.
No IRC's, BNC's, Eggdrops,
Unauthorized SHELL programs,
HYIP or PROXY sites, Illegal or
blatantly offensive material or
Spamming from a site or server.
No Exceptions at any time for
any reason. Customers who LOAD
(Proof of use or public display
NOT required) these programs or
materials on any server will be
terminated without recourse and
billed (including penalties) and
further pursued to THE FULLEST
EXTENT of the LAW, including but
not limited to lawsuits against
the individuals responsible.
Spamming using other resources
with links directed back to
sites on our servers IS
involving us in the spamming not
unlike using our actual server
and can be grounds for
termination without recourse.
Use of company services
constitutes acceptance and
agreement to the company's AUP
as well as the company's TOS
(Terms of Service). All
provisions of this contract are
subject to the TOS (Terms of
Service) of 040 Hosting and AUP
(Acceptable Use Policy). The AUP
and TOS may be changed from time
to time at the discretion of the
Company. Subscriber understands
that change to the AUP by the
Company shall not be grounds for
early contract termination or
non-payment.
Indemnification Policy
You agree to use all 040 Web
Hosting services and facilities
at your own risk. 040 Web
Hosting specifically disclaims
all warranties of
merchantability and fitness for
a particular purpose. In no
event shall 040 Web Hosting be
liable for any loss, or loss of
data, or other commercial
damage, including but not
limited to special, incidental,
consequential or other damages.
Customer agrees that it shall
defend, indemnify, save and hold
040 Web Hosting harmless from
any and all demands,
liabilities, losses, costs and
claims, including reasonable
attorney’s fees asserted against
040 Web Hosting, 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 040 Web Hosting against
liabilities arising out of: Any
injury to person or property
caused by any products sold or
otherwise distributed in
connection with 040 Web
Hosting’s server.
Any material
supplied by customer infringing
or allegedly infringing on the
proprietary rights of a third
party Copyright infringement any
defective products sold to
customer from 040 Web Hosting’s
server. 040 Web Hosting shall be
the sole judge of what violates
this Policy.
SPAM
Policy
040 Web Hosting is committed to
a zero-tolerance, anti-Spamming
policy. Under this policy, we
prohibit Spam, or any
unsolicited commercial email,
from being sent either: Over the
040 Web Hosting network, by
customers or any other users of
the 040 Web Hosting network
(including customer's
customers); AND/OR over ANY
network— if the message sent
advertises or mentions a site
hosted on the 040 Web Hosting
server. We react very quickly
and seriously to violations, and
we further reserve the right to
terminate the services, without
prior notice, of any customer
disregarding this policy.
Sending unsolicited commercial
email (a.k.a. "spam"),
cross-posting messages to a
large number of Usenet groups,
posting obscene or threatening
messages while using or
referring to an 040 Web Hosting
email address or web site URL is
prohibited. The use of 040 Web
Hosting servers as a mail drop
for responses to activities
described above is also
prohibited. Accounts cancelled
due to spam are subject to a
"clean up" fee of at least EUR
800,00
Content
Policy
All services provided by 040 Web
Hosting may be used for lawful
purposes only. Transmission,
storage, or presentation of any
information, data or material in
violation of any United States
Federal, State or City law is
prohibited when located on a
server in another country as the
United States local laws apply. This includes, but
is not limited to: copyrighted
material, trademark,
intellectual property, material
we judge to be threatening or
obscene, or material protected
by trade secret and other
statute without proper
authorization. The subscriber
agrees to indemnify and hold
harmless 040 Web Hosting from
any claims resulting from the
use of the service which damages
the subscriber or any other
party. Pornography and
sex-related merchandising is
prohibited on all 040 Web
Hosting servers. This includes
sites that may infer sexual
content, or links to adult
content elsewhere. 040 Web
Hosting will be the sole arbiter
in determining violations of
this provision. Also prohibited
are sites that promote any
illegal activity or present
content that may be damaging to
040 Web Hosting servers or any
other server on the internet.
Links to such materials are also
prohibited.
Examples of unacceptable content
or links:
Pirated software
Hacker programs or archives
Warez sites
Adult sites
MP3 Sites
040 Web Hosting does not host
sites of its competitors or web
pages promoting sites of its
competitors. Any illegal
activity, including adult
content, links to adult content
web sites, spamming or hacking
will result in your site being
shut down and all your files
deleted without warning. The
same is also applicable for all
resellers and any other sub
accounts hosted under these
reseller accounts. 040 Web
Hosting will be the sole arbiter
as to what constitutes a
violation of this provision.
CGI
Scripts Policy
Each account comes with its own
cgi-bin. You are free to use any
CGI scripts you wish, however we
reserve the right to disable any
CGI script that effects normal
server operation or service to
other 040 Web Hosting customers.
You will be notified in 24 hours
about offending cgi script. No
chat room or similar scripts
allowed. 040 Web Hosting is not
responsible for scripts that you
use in your hosting. It is not
our responsibility to ensure
your scripts function. Please
don't expect our support techs
to troubleshoot aspects of your
scripts or third party scripts
that you use on your sites
hosted on our servers.
040 Hosting does not allow
CGI proxies on Shared accounts.
CGI proxies allowed to the
Dedicated servers Customers
only when having written
approval from 040 Hosting and
its datacenter. 040 Hosting reserve the
right to remove every CGI proxy
script without notification for
Shared accounts.
Resource Usage
If our system administrators
determine that a customer's
account is utilizing an
unacceptable amount of system
resources, we may temporarily
deactivate the account in
question. We may contact the
client to offer alternative
solutions for their accounts and
make our best attempt to keep
their account active without
degredation to other clients
services. The Company be the
sole arbiter as to what
constitutes a violation of this
provision.
To protect
our customers resellers are
not allowed to run a so
called free-hosting business
(charity websites are allowed
though), this does attract a
certain group of people and
scripts which do use to many
resources, we rather do not see
these on our servers. If you
believe you are an exception you
may always contact sales and
discuss your personal situation.
This is not applicable for
dedicated server owners.
Programs
We do not allow programs to run
continually in the background.
This is to minimize system
resources used and operational
maintenance needed. We do not
allow any chat or topsite
programs on our servers other
than the ones we pre-install for
our clients to use.
Chat
Policy
040 Web Hosting does not allow
chat rooms if that effects
normal server operation or
service to other 040 Web Hosting
Customers.
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 violation will
result in immediate account
termination.
Backups
Full backups are made. No
guarantees are made of any kind,
either expressed or implied, as
to the integrity of these
backups. Backups are made for
server restoration purposes
only. It is the clients'
responsibility to maintain local
copies of their web content any
information. The Backup Manager
is included in each hosting plan
and you can use this tool to
backup your files.
Mailings
Please inform our support desk
if you plan to use any mailing
lists in order to make sure your
account is setup correctly.
Failing to do so might interrupt
your mailings.
Payment Policies
040 Web Hosting offers a 30 day,
no questions asked money back
guarantee. After the end of the
30 day period the following
rules apply on all services. One
30 day money back refund for
Customer allowed per 180 days to
prevent abuse. Establishment of
these services are dependent
upon receipt by 040 Hosting of
payment of stated charges.
Subsequent payments are due on
the anniversary date of the
month for that month's service.
No refunds will be available for
3rd party installations
(scripts, certificates,
templates, domain names etc.)
and custom programming &
scripting work as well as
semi-annual and annual payments.
The above applies to all
accounts and services provided
by 040 Web Hosting.
Service will
be interrupted on accounts that
reach 7 days past due, a late
fee of EUR 25,00 will be added
after 30 days. Accounts
that are not collectable by 040
Web Hosting may be turned over
to an outside collection agency
for collection all costs will be
added to your open invoice
including the allready charged
late fee. All overcharges
or billing disputes must be
reported within 60 days of the
time the dispute occurred.
If
you dispute a charge to your
credit card issuer that, in 040
Hosting sole discretion is a
valid charge under the
provisions of the TOS, you agree
to pay 040 Web Hosting an
"Administrative Fee" of EUR 50.
If you desire to cancel your
account, please follow the
proper procedure to do this as
outlined in this TOS.
Please note that a refund will
not cover any domain names
ordered or came with the plan,
they will be deducted from your
refund at a rate accepted
when you did order your domain
even if this is for more as 1
year.
You will be notified by e-mail
to the address you signed up
with for services of success or
failure of payments.
Refunds will not be given to any
order which violates this TOS.
Account Cancellation
Requests for cancelling accounts
must be made in writing with at
least 14 days notice before your
billing date and sent to:
billing at 040hosting.nl
with cancellation reason, domain
name, account's username and
password. Or you may use the
cancelation procedure in our
support desk. 040 Hosting verifies
the details sent and ensures
that the Customer has no past
due invoices, then we email back
to the Customer asking for
confirmation; Customer should
pay all past due invoices, if
any, respond and confirm
account's cancellation.
Customer's data will be removed
from the Company's servers as
soon as a confirmation email
from the Customer is received
and past due invoices paid, if
any.
Contact information for 040
Hosting:
040 Hosting
Fransebaan 57
5627 JP Eindhoven
The Netherlands
Chamber of commerce Eindhoven
(KvK) : 17093425
European VAT id: NL 141165509b02
Last update: 17 July 2008
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