Terms of Service
The terms "ScotWan" and "Scot Wan" are used in this document and elsewhere to refer to the websites available at "scotwebhost.net", "scotwebdesign.net" and "scotwebgroup.net" and also the company ScotWan and joint partners Alasdair and Michael. By using ScotWan, you agree to be bound by these terms, which shall take effect immediately. If you do not agree to be bound by all of the following terms please do not access, use or contact ScotWan. These terms may change from time to time and so you should check these terms regularly. Your continued use of ScotWan will be deemed acceptance of the updated or amended terms.
All services provided by ScotWan may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Scots, European Union, or United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statue.
The subscriber agrees to indemnify and hold harmless ScotWan from any claims resulting from the use of the service which damages the subscriber or any other party. Examples of non-acceptable content or links:
- Pirated software
- Illegal MP3s
- Hackers programs or archives
- Warez Sites
- Child Pornography
The above list is not exhaustive. ScotWan will be the sole arbiter as to what constitutes a violation of this provision.
Unlimited Traffic/Hits & Server Resource Usage
ScotWan is pleased to offer our clients unlimited traffic/hits, and server usage. Unlimited Traffic/Hits refers to the number of visitors to your website. Bandwidth/data transfer is subject to a limit of 10Gb per month. Should you reach this limit, we will charge £1/year for each extra GB/month you use. To maintain the integrity of our service the following traffic/usage limitations apply:
- Sites with banners, graphics or CGIs running from their domain being used on other domains
- Sites with immense graphic archives or galleries
- Sites offering immense download archives, such as .zip, .tar, .ra and .GZ.
- Sites running large chat room gatherings
- Sites using more than 20% of system resources
If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or, ScotWan may move your site to a different server, to reduce the load on the server you are currently residing. ScotWan will be the sole arbiter as to what constitutes a violation of usage limitations.
Chat Rooms
ScotWan does allow clients to install their own chat rooms. However, these tend to be large system hogs and may fall into the usage limitations clause. We do provide a html based cgi chatroom that runs without hindering the performance of the machine for others. You are free to run your own chat script, as long as it does not hinder server performance.
Background Processes/Programs
ScotWan may allow programs to run continually in the background, these are considered on a one to one basis and a extra charge may be incured based on system resources used and operational maintenance needed.
Cron Jobs
ScotWan does allow Cron Jobs to be conducted on our servers.
Special Offers
Special offers apply to your first payment only.
IRC
ScotWan currently does not allow IRC or IRC bots to be operated on our servers.
Multiple Connections
Multiple telnet and ftp sessions are allowed, on a single hosting account.
Idle Timeouts
ScotWan may disconnect any idle connection to the network. Average timeouts are: FTP - 300 seconds Telnet - 2 hours
Commercial Advertising - Email
Spamming, or the sending of unsolicited email, from a ScotWan server or using an email address that is maintained on a ScotWan machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than three people at a time that did not ask for it to be sent to them. ScotWan will be the sole arbiter as to what constitutes a violation of this provision. Opt-In email is acceptiable, as long as Opt-Out/Removal request are fully honored. Please make an effort to limit outgoing mail on your account to no more than 500 pieces per DAY and no more than 20 pieces per minute. Large mailings are preferred to be sent from the hours of 5AM - 1PM GMT.
Server Abuse
Any attempts to undermine or cause damage to a ScotWan server or services of another customer of ScotWan is strictly prohibited. ScotWan will pursue legal action to the fullest extent for all abuse of the ScotWan network.
Suspension/De-Activation
If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. ScotWan reserves the right to remove any account without prior notice. If ScotWan deactivates your account(s) for violating policy, your will forfeit your rights to a refund and none will be given. No refunds for advance payments, on de-activated accounts. Normal policy is a warning first, and account de-activation the second offense. Serious offenses may cause immediate de-activation.
Canceling your account
You may cancel your account at any time by contacting us. The cancelation date will be determined as the day we recieve your cancellation request. You will not be eligible for a refund for any period, month, year or otherwise, which you have already paid for. For hosting accounts only, if for any reason you decide to cancel within 45 days of placing your order, we will give a full refund with no questions asked. Please note that we are unable to refund payments for domain name registrations. You will be entitled to transfer your domain name to another registrar free of charge.
Force Majeure
ScotWan will not be liable for delays in its performance of ScotWan services caused by circumstances beyond ScotWan's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). ScotWan will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.
Indemnification
ScotWan customers agree to protect, defend, hold harmless, and indemnify ScotWan, any third party entity related to ScotWan (including, without limitation, third party vendors), and ScotWan's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as ScotWan, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of ScotWan's services.
Disclaimer
The ScotWan service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. ScotWan expressly disclaims any representation or warranty that the ScotWan service will be error-free, secure or uninterrupted. No oral advice or written information given by ScotWan, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. ScotWan and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.