Cactusoft Web Hosting Acceptable Use Policy

Definitions

'Cactusoft' means: Cactusoft Limited, company number 3505291 registered in England and Wales. 'Customer' means: the Customer of Cactusoft Limited. 'Services' means: services provided by the Company either in the direct or indirect control of the Company. 'Website' means: A website and all associated files. Service means: Services supplied by the company to the customer. 

Acceptable Use Policy

Acceptable Use Policy below defines the actions which Cactusoft considers to be abusive, and thus, strictly prohibited. In using Cactusoft's Services you agree to the conditions herein. Should any action be taken by Cactusoft in the suspension or the withdrawal of Services the Customer shall forgo any claims against Cactusoft in respect of refunds for unused Services and any performance claims against Cactusoft.

The examples named are non-exclusive, and are provided for guidance to the Customer. If you are unsure whether any contemplated use or action is permitted, please submit a support request and we will endeavour to assist you.

Customers are also reminded that you may violate some of the actions listed below via other Internet Service Providers on behalf of, or to advertise, any service provide to the Customer by Cactusoft.

Customer's must ensure that all services associated with there account are used in accordance with Cactusoft policy.

General Conduct

Customers are prohibited from transmitting on or through any of Cactusoft's Services, any material that is, in Cactusoft's sole discretion, unlawful, obscene, threatening, abusive, libellous, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law. Cactusoft's Services may only be used for lawful purposes.

Transmission, distribution, or storage of any information, data or material in violation of UK, European, or other International regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. 

Security

Customers may not use Cactusoft's Services as to 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 the Customer, logging into a server or account the Customer is not expressly authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation's security policy.

Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding. mailbombing, or other deliberate attempts to overload or crash a host or network.

Shared Servers

The Customer will ensure that all website content has been suitably tested prior to publication to a shared server. Should Cactusoft suspect that a particular website is abusing the resources of a server Cactusoft reserves the right to suspend or limit the resources Cactusoft would normally make available. Normal service will only be resumed once the Customer has identified and rectified any anomalies within the website. 

Customers are not authorised to load or install any compiled application or component of any description to a shared server. The Customer can request the Company to install such via the Support System. A charge for installation and any relevant software license fees will be applicable. 

Law Enforcement co-operation

Cactusoft 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. Customers or Users who violate systems or network security may incur criminal or civil liability.

E-mail and other types of Internet-based message distribution

Cactusoft has zero tolerance for Unsolicited Commercial Email (UCE) that is in any way associated with Cactusoft, its clients, or any of its client's associates. Customers are prohibited in anyway whatsoever from using UCE as a means of advertising data or Services to distribute such materials. Please review the information at http://spam.abuse.net for more information on what constitutes UCE, or 'Spam.' 

Infringements of our UCE policy can result in any one of the following:

• A warning from Cactusoft, via E-mail or telephone.
• Removal of DNS for the advertised or originating site.
• Temporary shutdown of the server or a block on outgoing mail.
• Permanent disconnection of service. 

Infringements of this policy include, but are not limited to:

• Attempting to transmit an e-mail via Cactusoft's services from a domain name that is not resident on our network. 
• Sending mail to users who have not specifically requested to receive such mail, including opt-out mailing lists. If the customer claims that the mailing was “opt-in”, then the onus is on the customer to prove this, either by showing an opt-in mail request, and/or the IP address and date and time of the signup. Please ensure that all opt-in mail is confirmed opt-in, ie the user is sent a signup confirmation which requires them to reply or click on a web link to confirm their registration, designed in such as way as to make it impossible for someone to sign-up a thirdparty either by accident or deliberately.
• Sending, being involved in sending, or employing a third party to send mail which advertises or mentions a site hosted at Cactusoft to users that have not specifically requested this mail.
• Forging of message headers to mask the originator of the message.
• Harassment, whether through language, frequency, or size of messages, is prohibited.

Upstream

Cactusoft’s service is dependent on other providers to connect our systems to the internet. Each of these providers enforces an acceptable use policy similar to this one on all of their customers including Cactusoft. The customer agrees to abide by the acceptable use policies of these providers as may be in force from time to time. A breach of such policy shall be deemed a breach of this agreement.

Limitations

Whilst Cactusoft will at all times make every effort to ensure the performance and delivery of Services that are directly within its control or not, Cactusoft gives no warranties of any kind, expressed or implied for services provided to the Customer. Cactusoft disclaims any warranty or fitness for a particular purpose. This includes loss of business, custom, loss of data and all service interruptions unless otherwise stated by Cactusoft or agreed with the customer in writing.

Exclusions

The Customer will have no recourse to Cactusoft if a customers account is in arrears; Cactusoft has suspended or withdrawn services as a result of the customer being in breach of any of the terms in the use of the services; is subject to a wind-up order, has been placed into receivership, or ceased trading. 

Indemnify

The Customer agrees that it shall defend, indemnify, save and hold harmless Cactusoft from any and all demands, liabilities, losses, costs and claims, including all legal fees, that may arise or result from any service provided or performed or agreed to be performed by a Customer, its clients, agents, employees or representatives. (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Cactusoft's services; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective Product sold via Cactusoft's services.

These terms and conditions are subject to English Law. Cactusoft reserves the right to revise these terms at any time without due notice.