Choose-a-Domain and/or Choose-Hosting's Terms of Service

Overview

This 'Policy Document', whether printed or displayed online at http://www.choose-a-domain.com/terms/aup/, forms part of the agreement between Allogenes Limited trading as Choose-a-Domain and/or Choose-Hosting ("us" or "we") and the individual or organisation applying (whether or not through an agent) for the provision of the Goods or Services ("you"). This part of that agreement is our Acceptable Use Policy - AUP and is refered to by our parent company Allogenes Limited as Policy Directive PD-CHTERM02AUP01. It should be consulted in conjunction with our other 'Terms of Service', which can be found in the following documents:

• General Terms & Conditions;
• Acceptable Use Policy;
• Spam / UCE Policy;
• Cancellations Policy;
• Refunds Policy;
• Complaints Policy; and
• Privacy Policy.

This policy, and all other Choose-a-Domain and/or Choose-Hosting policies may be subject to change and/or revision at any time without notice. It is your exclusive responsibility to ensure you have access to the most recent copy of the policy, and that you comply with all of terms and conditions contained therein. Continued usage of the Services after a change to this policy is implemented and posted on the Choose-a-Domain and/or Choose-Hosting Website constitutes your acceptance of any such change. We therefore encourage you to regularly check our Website for any changes, modifications or additions to this and any other relevant policy.

Our Acceptable Use Policy - AUP was last amended on: 24/04/2006; and is currently at version 1.1.

We aim to maintain a friendly and co-operative relationship with our customers, and so in instances where we believe there has been an "accidental" breach of this or any other policy we will attempt to "advise rather than chastise" the person and/or organisation in question. We ask all customers to proceed cautiously and contact us if they are unsure whether their operations are in compliance with our policies. If you have questions regarding this, or any other policy, please contact us using the information available online on the following page: http://www.choose-a-domain.com/contact.php, or in writing via our correspondence address as it appears in 1.4 of the current Terms and Conditions.

Acceptable Use Policy - AUP

1.1 Choose-a-Domain and/or Choose-Hosting reserves the right to suspend or cancel a customer's access to any or all services provided by Choose-a-Domain and/or Choose-Hosting, where Choose-a-Domain and/or Choose-Hosting decides that the account has been inappropriately used. Choose-a-Domain and/or Choose-Hosting reserves the right to refuse Service and/or access to its servers to anyone.

1.1 We do not actively monitor, censor or directly control any Data generated, stored, transmitted or used in connection with our services including content displayed on websites or material sent by email. It is your responsibility to comply with this policy. If, however, it comes to our attention that this policy has been or may be breached, we may act in accordance with our Terms and Conditions.

2. POLICY

2.1 You must not Transmit any Data which, or otherwise use our Products and/or Services (including without limit registration or use of domain name/s registered through us, hosted by us or for which we are registrar) in a manner which, we consider in our discretion in any way involves or includes or relates to:

• conduct that is unlawful (including breach of any applicable laws, statutes, regulations, standards or codes of conduct whether or not compulsory), harmful, threatening, a nuisance, abusive, harassing, tortious, defamatory, vulgar, obscene, indecent, invasive of another's privacy, hateful, inflammatory, racially, ethnically or otherwise objectionable;
• the infringement of third party intellectual property or other rights;
• viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any software, hardware or Data;
• junk mail, spam, chain letters, pyramid schemes or any similar or fraudulent schemes or any inappropriate form of solicitation; or collection of the responses to any such schemes or solicitation;
• the forging of headers, manipulation of identifiers or otherwise disguising the origin of any Data;
• the provision of false or misleading information;
• Denial of Service (DOS) attacks, including (without limit) mailbombing, news bombing, trolling, (posting outrageous messages to generate numerous responses), other flooding techniques, deliberate attempts to overload a system, hang-up attempts, broadcast attacks and any activity designed to cause a computer crash;

Users should not use any service to perform any kind of illegal activity. This includes Denial of Service (DOS) attacks, hang-up attempts, or any other undesirable behaviour.

• attempting to or gaining unauthorized access to, or interfering with or damaging, our or any third party's computer or Data including (without limit) any attempt to breach authentication or security measures or any attempt to probe, scan or test the vulnerability of a computer system;
• unauthorized monitoring or interception of Data;
• potential or actual interference with or disruption to our computers or services to other customers including excessive use of our server resources or other services;
• violation of acceptable use or similar policies of other ISPs or connected networks (for example, sending unsolicited commercial email via our services to the subscribers of any ISP that disallows unsolicited commercial email);
• any conduct that would breach our SPAM / UCE Policy
• damage to our commercial reputation; or
• breach of generally accepted standards of “netiquette” or norms of the internet community.

Sites must not contain Warez, copyright or other illegal material. The onus is on you the customer to prove that you own the rights to publish material, not for Choose-a-Domain and/or Choose-Hosting to prove that you do not.

Responsible Use of Products and Services

Email

Users of the service may not use our email services to:

• Send unsolicited email (SPAM) or otherwise flood email in any circumstance. Similarly users may not use our services to run, store, or collate the results from data collection tools used for the purposes of sending SPAM or any other illegal email-based activity. For more information see our SPAM / UCE Policy available here: http://www.choose-a-domain.com/terms/spam/.
• Threaten with physical violence, abuse, or harass any other person via email.
• Conduct any other activity deemed unacceptable by the Management, at the Management's discretion.

Web Space and Hosting

Users of the service are solely responsible for the content of their website, and also for all files contained with their user area of the file system. These files may not violate UK or applicable International laws. Choose-a-Domain and/or Choose-Hosting reserve the right to remove and delete any content which they believe to be in violation of the aforementioned. An example of this may be for example the posting of copyrighted music or video files.

Choose-a-Domain and/or Choose-Hosting may also remove, without warning or explanation, content which does not comply to company policy. Examples of this include adult or pornographic material, material which discusses or incites racial hatred, and material which is otherwise deemed unacceptable by the Management.

Users are wholly responsible for any defamatory, libelous, confidential, secretive or other proprietary information produced on your website. Choose-a-Domain and/or Choose-Hosting will also remove this material without explanation or notice.

All usernames and passwords must be kept secret and Choose-a-Domain and/or Choose-Hosting accepts no responsibility for any damage or loss to data resulting from a user's account which may have been compromised. You must notify us immediately if you believe your account to be compromised.

The user is solely responsible for ensuring that any data held by Choose-a-Domain and/or Choose-Hosting, either in the file system or in a database, is suitably backed-up. Choose-a-Domain and/or Choose-Hosting will not make back-ups of your data on your behalf.

Choose-a-Domain and/or Choose-Hosting will accept no responsibility whatsoever for loss of data or information resulting from the use of this service.

In the event of non-payment of an invoice, a user's website may be suspended and may also require a fee be paid for reconnection.

Other requirements