Terms and Conditions of Hosting Service

Last Updated: 1st January 2007

Important Notice:
Please Read these Terms and Conditions of Service Carefully. Your acceptance of any quotation and subsequent confirmation of hire of our service is a legal declaration of your acceptance of these terms and conditions.
These terms and conditions of service are made in addition to our general terms and conditions.
IMGi provides a value for money web hosting service to a range of clients. We have a strong belief that we have a responsibility to protect each client, their web site and to provide the best service that we are able to provide.
These terms and conditions have been written with the aim of ensuring that we are able to provide the level of service we strive for.
:: Content
All services provided by IMGi may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any International laws is prohibited. This includes, but is not limited to:
· copy righted material
· material we judge to be threatening or obscene
· material protected by trade secret and other statute.
The client / subscriber to our hosting service agrees to indemnify and hold harmless IMGi from any claims resulting from the use of the service which damages the client / subscriber or any other party.
Pornography and sex-related merchandising is strictly prohibited via all IMGi packages. This also includes sites that links to such content.
If you are unsure as to whether your site is in violation of any of the above then contact hosting@imgi.co.uk directly. IMGi will be the sole arbiter in determining violations of this provision. Our decision will be deemed final and no other course of action can be taken to appeal our decision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to the servers on which IMGi packages are hosted or any other server on the internet. Links to such materials are also prohibited.
:: Examples of unacceptable content or links:
· Pirated software.
· Pornography and sex-related merchandising.
· Violations of Copyrights.
· Hacker programs or archives.
· Warez sites.
· Hate propaganda.
IMGi will be the sole arbiter as to what constitutes a violation of this provision. Our decision will be deemed final and no other course of action can be taken to appeal our decision.
:: MP3 and other music files
We strictly prohibit the storage or distribution of MP3 files containing copyrighted music. You may freely distribute MP3 files of music you have created.
:: Unsolicited Commercial E-mail (SPAM)
Spamming, or the sending of unsolicited email, from a IMGi Package or using an e-mail address or domain that is maintained on a server hosting IMGi packages as reference is STRICTLY prohibited. As delegated by our upstream providers. Any sites found to be using spam or selling of spam related software or bulk e-mail content will be closed immediately and without prior notification.
IMGi will be the sole arbiter as to what constitutes a violation of this provision. Our decision will be deemed final and no other course of action can be taken to appeal our decision.
Any type of spamming will see you account
terminated with immediate effect.
:: All accounts
Whilst most our clients will stay within what we deem to be "reasonable limits", we reserve the right in order to maintain the integrity of our service, to enforce the following restrictions to all of the accounts which IMGi hosts:
· Multiple hosts resolving at an IP or domain name
that we provide without our prior permission.
· Sites with cgi's running from their domain used on other domains.
· Sites using more than 10% of system resources on any one server.
IMGi will be the sole arbiter as to what constitutes a violation of this provision. Our decision will be deemed final and no other course of action can be taken to appeal our decision.
:: Chat Rooms
We strictly prohibit any of our clients to install their own cgi or php chat rooms as these can be a large drain on system resources and we cannot allow it as an account option. However, we do provide two chat systems with all of our hosting packages, which our clients are free to use.

:: Conditions
1. IMGi will issue a refund to the customers account in the event of a Service Outage due to the failure of one of the following pieces of equipment owned and operated by IMGi or one of its suppliers; the ATM Network, the LAN or a web hosting server. For purposes of this guarantee, Service Outages shall be defined as 10 consecutive minutes of web site (HTTP) inaccessibility as measured by our independent monitoring services.
2. IMGi will not be held responsible for Service Outages resulting from equipment not owned or operated by IMGi or its suppliers. This includes, but is not limited to, Internet NAP failures or congestion (Problems with one specific dial up ISP etc.) and non IMGi backbone failures. Additionally, IMGi will not be held responsible for delays in the registration or transfer of a domain due to registry related issues, for outages resulting from malfunctioning customer scripts or applications that are installed by the customer, nor for unusual traffic spikes or "denial of service" attacks on customer web sites.
3. Refunds will be issued upon request by the customer and upon determination that a Service Outage, as defined by this guarantee, has occurred. Refund requests must be made within thirty (30) days of the time period during which the Service Outage took place. Regardless of the number of outages, all refunds are limited to a maximum of one month's hosting service fees and do not include excess usage fees, setup fees or other non-standard recurring charges. Additionally, Service Outages will not include downtime due to Acts of God, nor for outside security breaches. Finally, IMGi will not be held liable for Service Outage damages resulting in the loss of prospective profits or anticipated sales or as a result of expenditures, investments, or commitments in connection with the business.
:: Refunds
Should you become unsatisfied with our services within the first 30 days of your account activation, IMGi will refund your hosting fee and cancel the hosting agreement. You shall then have no further claim against us.
:: Cancellation Refunds
We DO NOT refund partial monthly or annual hosting fees for accounts cancelled after 30 days from the date of activation. For example, if you cancel an annual account after 6 months you will not get a refund of 6 months hosting fees.
:: Account Cancellations
To cancel an account please contact hosting@imgi.co.uk
Accounts will be closed the same day, we do not schedule closures for the end of the current months hosting. Accounts are only be considered cancelled once we have conformed by e-mail that we have cancelled it for you. If you have not received conformation from us it means your account is still open and you will be billed for all services provided until we have given such confirmation.
IMGi will not be held liable for the non arrival of your request to cancel an account. It is your responsibility to ensure that you have received confirmation of the account closure from us.
When an account is cancelled, all of its files are deleted and are not recoverable.
:: Correspondence
In the event of written notification of account termination being sent by IMGi to a customer, any such communication sent by normal post shall be considered received by the customer.
:: Threats & Blackmail
IMGi does not respond to Threats or Blackmail. Any such threats or blackmail or passed immediately to our solicitors who are authorised to take any appropriate legal action.
We deplore any type of threat or blackmail to either IMGi or any of the staff we employ. This activity has a negative effect on our staff and can result in poor service to other customers who pay for the services we provide.
IMGi takes these sort of threats very seriously.
Making threats will result in your account being terminated with immediate effect and without prior warning. Any threat or blackmail attempt will be dealt with by our solicitors.
:: Background Running Programs
:: CRON JOBs
Any Cron Jobs requested by our clients are referred to IMGi. IMGi consider Cron Jobs on a case by case basis. IMGi is governed on these issues by our agreement with IMGi.
:: IRC
We do not allow IRC or IRC bots to be operated on our servers.
:: Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of IMGi is strictly prohibited. Offenders will be prosecuted to the fullest extent of the law.
:: Domain name registration
IMGi does not register domain names.
:: Limits of support
IMGi provides support with server side problems only. These include, non functioning of facilities provided with your hosting account and any faults which exist on the server your site is hosted on.
Customers are responsible for designing and maintaining their own web sites. We do not provide advice or support for any programming issues like cgi, php or asp.
Should any client require support on any design related issues, then we advise them to contact IMGi
:: Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
:: Sub-domains
IMGi reserves the right to transfer any sub-domain in domains of its possession to an alternative domain.
:: Limitation of liability
Your use of IMGi's services are at your sole risk. All IMGi services are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.
IMGi makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the IMGi service.
IN NO EVENT WILL IMGiI BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE IMGiI's SERVICES OR ANY CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR
TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
The formation, construction and interpretation of this agreement shall be controlled by the laws of England and Wales. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement.
Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales (which is where our company is domiciled), and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.
IMGi reserves the right to change or amend these Terms of Service at any time without prior notice. By submitting your order to IMGi, you signify your agreement to these Terms of Service.
If you do not agree to these Terms, then please do not submit an order!
Any order placed with us is your electronic signature of you acceptance of our terms and conditions as laid out in this policy.
Violations of these Acceptable Uses Policies and Terms of Service should be referred to abuse@imgi.co.uk
All complaints will be investigated promptly.
Serious violations of terms or conditions can be ground for immediate account deactivation without refund.