Web Hosting Terms & Conditions

These terms supplement our standard terms and conditions.

Electric Studio Ltd outsource the provisioning and management of dedicated servers and virtual private servers  to RackSpace and Clustered.net, and acts as a reseller for Heartinternet.co.uk, and has a responsibility to protect their interest as well as each Client and to provide the best services available. The following Terms and Conditions are designed to ensure these obligations are met. All services provided by Electric Studio Ltd to the Client are subject to the following terms and conditions.

1. Website Content.All services provided by Electric Studio Ltd may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom, United States Federal, State or City, or any International laws is prohibited. This includes, but is not limited to:
   • Copyrighted material
   • Material we judge to be threatening or obscene
   • Material protected by trade secret and other statute.

   The subscriber agrees to indemnify and hold harmless Electric Studio Ltd from any claims resulting from the use of the service, which damages the subscriber or any other party.

2. Also prohibited are sites that promote any illegal activity or present content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited. Examples of unacceptable content or links:
   • Pirated software
   • Pornography
   • Violations of Copyrights
   • Hacker programs or archives
   • Warez sites
   • Hate propaganda.

   Electric Studio Ltd will be the sole arbiter as to what constitutes a violation of this provision.

3. Data Transfer. Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.
4. Web space Usage. Unlimited web space is available for genuine web site content; content must be linked into web pages. Clients are prohibited from using the server as a file/backup repository. Clients are expected to employ good house keeping when maintaining their account.
5. Server Usage. Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other Clients we will discuss with you alternative solutions for your hosting requirements.
6. Acceptable Use Policy .The website and use of the Services may be used for lawful purposes only and the Client may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Clientagrees not to:
   • Use the Services or the website in any way to send unsolicited commercial email or “spam”, or any similar abuse of the Services
   • Send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities
   • Publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website
   • Threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others
   • Engage in illegal or unlawful activities through the Services or via the Website
   • Make available or upload files to the website or to the Services that the Client knows contain a virus, worm, trojan or corrupt data
   • Obtain or attempt to obtain access, through whatever means, to areas of Electric Studio Ltd’d or Heart Internet’s network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
   • Operate or attempt to operate IRC bots or other permanent server processes.
   • The Client has full responsibility for the content of the Website. For the avoidance of doubt, Electric Studio Ltd is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.

   If the Client fails to comply with the Acceptable Use Policy outlined in Clause 6 Electric Studio Ltd shall be entitled to withdraw the Services and terminate the Client’s account without notice.

7. Unlimited Use. Resources are defined as bandwidth and/or processor utilization. Electric Studio Ltd may implement the following policy to its sole discretion: When a website is found to be monopolising the resources available Electric Studio Ltd reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Clients may be offered an option whereby Electric Studio Ltd continues hosting the website for an additional fee.
8. Data Backup. The Client is responsible for undertaking any data back up programs, database, web files or other digital material.
9. Payment. All accounts are set up on a prepay basis. Although Electric Studio Ltd reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year following the date the account was established. All renewal payments must be received at least 5 working days in advance of the renewal date to ensure that no disruption to the service is incurred. Electric Studio Ltd reserves the right to suspend this and other services until any outstanding debt is cleared. Electric Studio Ltd will not be responsible for any data lost due to non-payment closure of an account. The Client is responsible for all money owed on the account from the time it was established to the time that the Client sends a written cancellation request. Reinstatement of an account is at Electric Studio Ltd’s discretion. Electric Studio Ltd reserves the right to charge a reinstatement fee of 50 (fifty) pounds per account.
10. Cancellations and Refunds. All fees charged on a prepay basis are non-refundable
11. Indemnification. The Client agrees that it shall defend, indemnify, save and hold Electric Studio Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Electric Studio Ltd, its agents, its Clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Electric Studio Ltd against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Electric Studio Ltd’ server; (2) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to Client from Electric Studio Ltd’s server.
12. Disclaimer. Electric Studio Ltd will not be responsible for any damages your business may suffer. Electric Studio Ltd makes no warranties of any kind, expressed or implied for services we provide. Electric Studio Ltd disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Electric Studio Ltd and its employees. Electric Studio Ltd reserves the right to revise its policies at any time.
13. Severability. In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.