Leapfrog AVIT Ltd (“we”, “us”, "leapfrog") provides hosting and email, domain
registration services together with such other
services as are agreed between it and the customer (“the Services”).
1. Conditions
By subscribing to any of the Services and opening an account with us (“the
Account”) you (“the Customer”) agree to be bound by our standard terms and conditions as well as this AUP.
This AUP applies to all Leapfrog AVIT Ltd accounts. They set out
the basis on which we offer our services and should be read carefully.
2. Services
2.1 Leapfrog AVIT Ltd will use reasonable efforts to supply a continuous
service. However, Leapfrog AVIT Ltd is not liable for any loss of data resulting
from delays outside of our control, missed or non-deliveries, service
interruptions or by errors or omissions of the customer. Leapfrog AVIT Ltd is
not responsible for any losses suffered resulting from acts of nature or force
majeure including civil unrest, riots, floods, drought, fire, war and imposing
legislation.
2.2 You agree that Leapfrog AVIT Ltd is not liable to you for any special
consequential damages which you may suffer as a result of loss of business,
contracts, profits, savings or otherwise. Leapfrog AVIT Ltd is unable to
exercise control over material sent over the internet and excludes all liability
of any kind for the publication by the Customer of inaccurate, misleading,
offensive, threatening or obscene material, or material that is in breach of UK
or other applicable law.
2.3 Leapfrog AVIT Ltd’s customers are liable for all charges levied by their
telephone service provider arising from the Customer's use of the Services.
2.4 From time to time Leapfrog AVIT Ltd or its sub-contractors need to carry out
maintenance on the network, which may involve temporarily shutting parts of it
down. Leapfrog AVIT Ltd will give as much notice as possible and shall try to
keep this work to the period specified in the notice. Leapfrog AVIT Ltd accepts
no liability whatsoever arising from such a suspension of the service.
2.5 The Customer agrees that it will not re-sell, sub-lease, reassign or
transfer any part of the Services.
3. Prohibited Content
3.1 Customers must use the Services provided for lawful, authorised purposes
only. Transmission, storage, or presentation of any information, data or
material in violation of any British law is prohibited. The list of banned
content includes, but is not limited to :-
(a) Illegal Material - This includes illegally exploited copyrighted works,
commercial audio, video, or music files, and any material in violation of any
regulation or material that is perceived to be misleading.
(b) Warez - This includes, but is not limited to, pirated software, ROMS,
emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of
any of the above. Also includes any sites which provide "links to" or "how to"
information about such material.
(c) HYIP - We do not allow any HYIP sites, or sites that link to or have content
related to HYIP sites.
(d) Proxy - We do not allow any proxy set-ups or connections or any sort of
activity through remote proxy connections on our Shared Hosting, Reseller
Hosting, VPS Hosting and Semi-Dedicated Hosting plans. The first offence
committed by the Customer will result in suspension of their Account. Any second
violation will result in immediate Account termination.
(e) IRC Hosts - Hosting an IRC server that is part of or connected to another
IRC network or server or has a connection to an IRC network. Servers or virtual
hosting accounts, 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 second
violation will result in immediate account termination.
(f) Defamatory content - any website content that makes a false claim,
expressively stated or implied to be factual, that may give an individual,
business, product, group, government or nation a negative image.
3.2 We are under no obligation to edit, review or modify the contents of your
website. However, we reserve the right to remove any content without notice. For
the avoidance of doubt we do not pro-actively monitor messages that you may post
on our managed sites, but we reserve the right to remove such message at our
sole discretion.
3.3 Any Customer found to be using the Services for any of the purposes
contained in Clause 3.1 may have their Account terminated without notice.
3.4 The Customer agrees to fully and effectively indemnify Leapfrog AVIT Ltd
against all losses, costs, actions, proceedings, claims, damages, expenses,
(including legal expenses) or liabilities, howsoever suffered or incurred
directly by Leapfrog AVIT Ltd in consequence of the Customers breach or
non-observance of this Clause 3.
3.5 The Customer shall defend and pay all costs, damages, awards, fees
(including legal expenses) and judgments awarded against Leapfrog AVIT Ltd
arising from breach or breaches of this Clause 3. Leapfrog AVIT Ltd may in its
absolute discretion defend such claims and may compromise such claims with the
consent of the Customer, such consent not to be unreasonably withheld. The
Customer shall provide Leapfrog AVIT Ltd with the assistance necessary to defend
such claims, at the Customer’s sole expense.
4. Domains
4.1 You agree and understand that we are not the domain registrar therefore we
do not have our own nominate tags or NIC tags and consequently the domains can
only be transferred to us via name servers.
4.2 To complete a full transfer you will require a domain registrar. As a part
of our service we also register and transfer the domain, however transfer
charges are applicable. We register sites through a partner company. We do not
place your details on the WHOIS output of the domain due to legal reasons
however if you commit any sort of illegal activity we reserve full right to
provide the appropriate personnel with your details. If you wish to have your
details displayed upon the WHOIS output please contact us and we will be glad to
assist you.
5. Adult Content
We allow websites to host adult content providing it is in
accordance with British law only. We do not allow pornographic or
sexually-explicit images of children or any pictures / video which are obtained
illegally or any other sexual content that breeches UK law to be hosted on our servers
- doing so or attempting to do so will result in immediate account termination
without refund.
6. Size limitations
You agree and understand that the maximum size of a single MS SQL database will
not exceed 400 MB irrespective of the web space allocated to the hosting account
and that the size of each mailbox will be limited to 250 MB on all our Shared and Reseller hosting services.
7. Server / Resource / Staff Abuse
7.1 You agree and understand that any attempts to undermine or cause harm to any
of our servers is strictly prohibited and that we take no responsibility for the
use of our clients' accounts.
7.2 If you abuse the resources we provide in any way, we reserve the unqualified
right to immediately deactivate your Account without refund.
7.3 If you operate any site using what we deem to be excessive CPU cycles or any
resources that cause strain to other sites, we reserve the right to impose new
terms on you in exchange for the current terms that you enjoy (i.e. an upgrade).
7.4 Denial of Service (DOS) attacks directed at Leapfrog AVIT Ltd, or any
attempts to launch a DOS attack from our servers are strictly prohibited. All
infractions and or suspected infractions will be vigorously investigated and may
result in immediate termination of your Account.
7.5 Leapfrog AVIT Ltd reserves the right to disable/delete any feature or
application provided on shared hosting service without notification if that
feature/application is found to be detrimental and/or is hampering the web
servers' overall health and performance.
7.6 If you are in any way disrespectful towards any member of the Leapfrog AVIT
Ltd staff we have full right to terminate your account with us without any
refund.
8. Bandwidth
If your account exceeds the bandwidth limit, we will inform you. If you do not
wish to purchase extra bandwidth or upgrade your Account and continue to exceed
the limit, the Account shall be suspended until you demonstrate to us that you
have taken measures to ensure that the limit won’t be exceeded again or upgrade
your account, whichever is earlier. The Account will be reactivated in the
following month.
9. Commercial Advertising- Email (SPAM)/Unsolicited
Email
9.1 You agree and understand that spamming, sending unsolicited emails from our
servers or using email addresses that are maintained by us is STRICTLY
prohibited and will qualify your Account for immediate deactivation with no
refund. Leapfrog AVIT Ltd would be the sole arbiter as to what constitutes a
violation of this Clause.
9.2 You agree and understand that we have set a limit of 200 outgoing emails per
hour on shared and reseller hosting, 500 outgoing emails per hour on VPS
Hosting. Customers cannot send more than the specified number of emails in an
hour irrespective of the size of their mailing lists.
10. Backups
10.1 Leapfrog AVIT Ltd will use reasonable efforts to protect and backup data
for clients on a regular basis, however, Leapfrog AVIT Ltd does not guarantee
the existence, accuracy, or regularity of its backup services and, therefore,
you are solely responsible for making back-up files in connection with your use
of the Services.
10.2 You agree and understand that any back-up which Leapfrog AVIT Ltd may carry
out will not include any media files. These include (but are not limited to)
mp3, mpeg, wmv or any other video/audio files.
11. Billing
11.1 If paying by a cheque, please allow 5 working days for the cheque to clear
and for us to open the Account. If paying via postal orders or cash we will
endeavour to set up your account on the same day.
11.2 Invoices are generated 15 days before the official due
date. Payment must be made by the due date to avoid the suspension of your
account. If no payment is received, 7 days after the official due date has passed your account and all linked services (eg. email) will be suspended. In total
10 days after the official due date your account will be charged with a £23.00
+VAT late fee.
11.3 It is the customers responsibility to ensure their client area (billing)
details are valid and up-to-date. It is advised that customers use a contact
email address that is not hosted by Leapfrog.
12. Security and Viruses
12.1 You are responsible for any misuse of your Account and you must take steps
to ensure that others do not gain unauthorized access to your Account. You may
not use your Account to breach the security of another account or attempt to
gain unauthorised access to another network or server.
12.2 Your password provides access to your Account. It is your responsibility to
keep your password secure.
12.3 Sharing your password and account access with unauthorized users is
strictly prohibited. You must take care and prevent others from using your
Account since you will be responsible for the consequences.
12.4 Attempting to obtain another user's account password is strictly
prohibited, and will result in termination of service.
12.5 You must adopt adequate security measures to prevent or minimize
unauthorised use of your Account.
12.6 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 authorised 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.
12.7 You may not attempt to interfere with service to any user, host or network
or carry out DOS attacks. This includes, but is not limited to, "flooding" of
networks, deliberate attempts to overload a service, and attempts to "crash" a
host.
12.8 You agree and understand that users who violate systems or network security
may incur criminal or civil liability. Leapfrog AVIT 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.
12.9 You agree to complete your own tests for computer viruses in accordance
with best computing practice prior to each and every operational use of the
Services
13. Control Panel Support
13.1 You agree and understand that our staff members reserve the right not help
you over live chat, ticket or phone support to setup email accounts, sub-
domains, add-on domains or install any of the applications. We have restricted
our staff from the client control panel login. Customers are expected to go
through our Flash Tutorials as well as our knowledgebase to understand all
features of respective control panels. Our support team will assist you with any
of the functions which won't work or if there's any server side problems that
needs to be rectified from our end. Customers may consider help from our forum
to get detailed information from other forum members, however basic tasks that
can be managed from the control panel are expected to be resolved from the
Customer’s end only.
13.2 You will need to upload your website from your end using file manager or an
FTP software. Databases should be uploaded from PHPMyAdmin and sub accounts like
FTP, Mailboxes, Sub-domains, Add-on domains, Parked domains which should be
setup from the client's end only.
14. Cancellations & Refunds
14.1 Leapfrog AVIT Ltd reserves the right to suspend OR terminate services on
receipt of abuse complaints.
14.2 There will be no refund for new domain registrations, ID Protect, WHM/CPanel,
SSL Certificates as these are purchased from External Vendors & Leapfrog AVIT
Ltd does not get any refund in case of cancellation of licenses.
14.3 Any service interruptions or downtime due to scheduled maintenance by
Leapfrog AVIT Ltd or our network providers will not count towards the uptime
guarantee. Leapfrog AVIT Ltd is not liable in any way for failure of third party
services.
15. Modification of Terms of Service
Leapfrog AVIT Ltd reserves the right to modify or change these terms of service
at all times. All customers are bound by the latest terms of service published
on this website.
16. Termination
16.1 We reserve the right to refuse, terminate, or suspend your access to the
Services for any reason at our sole discretion upon giving 14 days written
notice to you.
16.2 We may suspend your Account immediately upon breach by you of any of the
terms and conditions herein, including, without limitation, late or non-payment
of monies due.
17.Effect of Termination
On termination or expiry of your Account for whatever reason you shall pay
immediately all sums outstanding pending on your Account to Leapfrog AVIT Ltd
within 14 working days.
18.Limitation of liability
18.1 Leapfrog AVIT Ltd disclaims all liabilities in connection with the
following :
(a)loss of material uploaded; (b)incompatibility of the Services with any of the
Customer's equipment, software or telecommunications links; (c)technical
problems including errors or interruptions of the Services; (d)unsuitability,
unreliability or inaccuracy of the Services; (e)computer viruses of any kind
obtained by the Customer in the course of using the Services; (f)any security
breaches whatsoever affecting the Customer’s Account.
18.2 In no event shall Leapfrog AVIT Ltd be liable either in contract, tort
(including negligence) or otherwise for indirect, incidental or consequential
damages, including without limitation, loss of income, data, use or information.
18.3 Nothing in this Clause 20 excludes each party's liability with respect to
death and personal injury resulting from the negligence of that party, its
employees, agents or subcontractors or for fraudulent misrepresentation or under
the tort of deceit.
18.4 Subject to Clause 20.3, our liability to you in contract, tort, negligence
or otherwise arising out of or in connection with the Services shall for any one
incident or series of related incidents be limited to the annual fees paid by
you to us in the year in which the liability first arose. No liability
whatsoever will be accepted by us unless and until you have provided documentary
evidence to our satisfaction proving that loss has occurred.
18.5 We exclude all liability of any kind in respect of any material on the
internet posted by the Customer by means of the Services and we are not
responsible in any way for any goods (including software) or services provided
by third parties advertised, sold or otherwise made available by means of the
Services or on the internet, the accuracy, completeness or suitability for any
purpose of any website content and the acts or omissions of other providers of
telecommunications or internet services (including domain name registration
authorities) or for faults in or failures of their equipment.
18.6 Leapfrog AVIT Ltd will not be liable for failure or delay in performing its
obligations if such failure or delay is due to circumstances beyond its
reasonable control, including but not limited to acts of any governmental body,
war, insurrection, sabotage, embargo, fire, flood, strike or other labour
disturbance, interruption of or delay in transportation, unavailability of,
interruption or delay in telecommunications or third party services (including
DNS propagation), failure of third party software or hardware or inability to
obtain raw materials, supplies or power used in or equipment needed for
provision of the Services.
19. Indemnity
The Customer agrees that it shall defend, indemnify, save and hold Leapfrog AVIT
Ltd harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable legal fees asserted against Leapfrog AVIT Ltd, its agents,
its customers, officers and employees, that may arise or result from any acts or
omissions of the Customer, its agents, employees or assigns in connection with
their use of the Services.
20. Law
20.1 This Agreement will be governed by and construed and interpreted in
accordance with the law of England and Wales and the parties submit to the
exclusive jurisdiction of the English Courts.
20.2 The Customer and Leapfrog AVIT Ltd both agree that a court may strike out
or override any part of these terms and conditions if it considers them to be
illegal, unenforceable or unfair and in such cases enforce only the terms and
conditions as if the offending clause or clauses had never been contained in
them.