Website HostingAcceptable Use Policy (AUP) and Terms of Service (TOS)
Acceptable Use Policy (AUP) and Terms of Service (TOS) Cork WP Developers Ltd t/a WP Cork issues this document. The company shall be known throughout this document as “WP Cork”. WP Cork agrees to provide the client with web hosting for a monthly or annual fee. WP Cork will never require clients to advertise for WP Cork on their website in any way unless agreed upon such as a charitable organisation receiving complimentary hosting. Clients are allowed to use the service for business/commercial or personal websites or content.
All services provided by WP Cork may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of Irish law (or in violation of the laws of any other country) is prohibited. This includes, but is not limited to; copyrighted material, material that is threatening or obscene, material that is “adult only” content, or material protected by trade secrets and other statues. The client agrees to indemnify and hold harmless WP Cork from any claims resulting from the use of the service which damages the client or any other party. A fair usage policy applies to all hosting accounts, with maximum inode capacities in place which can vary, depending on the account type. Please note: Your account is not to be used as a file store rather than to store active webpages/files which are publicly accessible from the Internet.
Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for websites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. WP Cork will be the sole authority as to what constitutes a violation of this provision. This includes links to the prohibited content:
- Pirated software
- Hacking programs or archives
- Warez Sites
- Spamming Software
- Background-running Programs:
WP Cork do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases, we may allow programs to run continually in the background. These programmes will be considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
You are free to use any scripts you wish provided they do not affect the normal operations of WP Cork’s server and they are not stated specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, WP Cork reserves the right to disable the account pending client cooperation and resolution.
Scripts we do not allow include:
Chat servers/scripts of any kind are strictly prohibited. Formmail is not allowed on our servers. You can use formmail scripts but they must be up to date and not running with the filename “formmail”. Any files named “formmail” will be deleted without notice. The installation of Proxy servers is prohibited. Any Proxy scripts found on the WP Cork web servers will be removed without notice. Distribution and/or Transmission of Obscene or Indecent Speech or Materials. Violation of indecency and obscenity laws can result in criminal penalties. Clients may not:
- Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems. These include: CGI scripts, FTP, PHP, HTTP, etc.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any type of web spider or indexer (including Google Cash and AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
- Participate in any file-sharing/peer-to-peer activities
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
- Run cron entries with intervals of less than 15 minutes
Exceeding Your Plan’s Bandwidth:
If you exceed your monthly bandwidth, you will be charged a small overage fee to cover the amount of bandwidth for the first month and if the overage continues you will be required to move to a larger account, which may increase your service cost. When you reach 80% of your bandwidth limit for the month, we will endeavour to email the contact on your account with a warning that you are approaching your bandwidth limit. Another notification may be sent when you reach 100% of your account’s bandwidth limit. If you exceed your bandwidth limit for the month, your account may be restricted. This restriction can be removed by contacting our support team.
WP Cork offers provides different bandwidth amounts on our different hosting plans. However, if your bandwidth is considered excessive by us, affects the running of our systems or reaches the point where it has an adverse effect on other customers, we reserve the right to:
- Disable your site, without prior notice, until you can reduce your bandwidth usage; or
- Charge you for excess bandwidth usage, as decided by us from time to time; or
- Change you account to a high level which may incur a higher monthly/annual charge.
On each of our email hosting packages, we have certain resource usage limits in place. A basic email that is just text will usually be around 0.1MB, whereas one with images or attachments could be several MB in size. There are 1024MB per GB, and the plans offer 1GB, 5GB and 10GB of storage. In short, you can store a lot of emails!
Intellectual Property Rights:
Material accessible to you through WP Cork’s Services may be subject to protection under Irish (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the WP Cork service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the WP Cork Network. If you use a domain name in connection with the WP Cork service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Clients may not use the WP Cork Network with an 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 client, logging into a server or account the client is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation’s security policy. Clients may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. WP Cork will co-operate fully with investigations of violations of systems or network security at other websites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. WP Cork reserves the right to modify firewall and/or security settings on its shared network while it carries out security reviews. This includes limiting outbound email in some circumstances.
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Refusal of Service:
WP Cork reserves the right at its sole discretion to refuse or cancel any services. Violation of any of WP Cork’s Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Domains which have been granted for clients paying annually are released to the client at the end of their hosting period. Domains terminated due to policy violations will not be released to the client (e.g. Fraud).
Spam Or Unsolicited E-Mail:
You must not use the WP Cork Network, WP Cork provided services or any WP Cork provided email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the WP Cork Network, WP Cork provided services or any WP Cork email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s email address accessible to the public will not constitute a request or invitation to receive messages. If you are found to have spammed, WP Cork reserves the right to disable your domain without warning. In addition, WP Cork may impose a €200 penalty for each spam policy violation. WP Cork solely reserves the right to refuse or cancel services to known spammers. Lastly, WP Cork reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. In an effort to minimise spam emails and protect out IP space, all hosting accounts have specific email limits per hour. Please contact us for information on individual limits.
The client agrees that it shall defend, indemnify, save and hold WP Cork (or its employees/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against WP Cork, 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 the client, it’s agents, employees or assigns. The client agrees to defend, indemnify and hold harmless WP Cork against liabilities arising out of; (1) any injury to persons or property caused by any products sold or otherwise distributed in connection with WP Cork server; (2) any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. The client agrees to limit the liability of WP Cork to the amount paid for service.
If a client does not provide valid name server details for purchases of a domain name, WP Cork will park the domain on its servers. WP Cork may include revenue generating advertising on the parked page for any domain. Clients can change the name servers at any time to point their domain away from the parking page, by using the online tools provided. Clients will receive notification at least 30 days in advance of a domain expiring. This will be done via email and/or by invoice. Clients can renew their domain by notifying WP Cork by email in advance of the renewal date and by paying the invoice generated for a domain’s renewal. There are no fees to transfer a domain away to another hosting company, save any pre-agreed fees between WP Cork and the client for renewal or other work done on their account. WP Cork do not penalise clients for moving their domain to another provider in any shape or form – your domain is your domain to register through whom you wish.
Technical assistance for domain registration is provided by email only. Once a domain is registered the fees are non-refundable under any circumstances, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term.
IE Domains are subject to the Terms and conditions of registration as detailed on the www.IEDR.ie website – Applications for .ie registrations may not be submitted to the registry until all documentation and all requirements are supplied by the client. Your domain may remain available to anyone else until this information is received by us and processed. For .ie registrations that are rejected by the registry a full refund will be issued. For .ie registrations that are not completed because we have not received the required documentation from the client a refund of 70% will be issued. Domain transfers (.com, .net, etc). When transferring your domain to WP Cork, it is important to ensure that the domain is unlocked, the email address associated with the domain is valid and can be accessed, and that any ID protection is removed prior to starting the domain transfer process. Once the domain transfer process is started, you will receive an automated email requesting confirmation of the transfer and also to enter your EPP transfer key. If you do not receive this, please check that the details on the domain are correct, and then contact our support team to restart the transfer. WP Cork cannot be held responsible if the domain does not transfer as a result of any of these steps not being taken. The domain status in billing does not reflect that the domain is actually transferred and only indicated that the transfer order has been accepted.
WP Cork strive to have the fastest response times within the industry. At a minimum, your query will receive a reply within 1 working day. However, we average less than 2 hours for a response to your query. Please note, billing and sales enquires will not be answered at the weekend and will be generally be viewed Mon-Friday within business hours. Please phone us if you have an urgent query.
WP Cork understand that when you need support, you and your staff rely on us to provide it. Our knowledgeable, patient and timely support is what sets us apart from other providers. However, management reserve the right to limit your access to this support in instances where 5 monthly support tickets or 60 minutes per month of support has been consumed.
Clients who require extra support have the option of paying for the additional help and we will quote clients on a case by case basis as the need arises. Our decision in this regard is final.
You may cancel your account at any time before your next billing date, and you will not be billed for the next period. To avoid unwanted charges, you must cancel your domain/service before the start of the billing period which may be mid-month for domain renewals.
This is a subscription service. Our invoices are issued 1 month before an invoice due date to avoid service interruption. Failure to renew the subscription by paying the issued invoice before the end of the current billing term will result in service suspension.
You can make a complaint for review by our management team by email. We will revert to your query within 5 working days. If you are not satisfied with the reply you receive, you can address your complaint in writing to “Complaints C/O WP Cork, 58B, Bayview Grove, Youghal, Cork P36 WF74” and this will be answered within 5 working days.
WP Cork is not responsible for any damages your business may suffer. WP Cork makes no warranties of any kind, expressed or implied for the services we provide. WP Cork disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by WP Cork and its employees. WP Cork makes no “uptime” guarantees. WP Cork’s server provider keeps backups of key server systems only and these backups are not available for client use. WP Cork can accept no responsibility for any loss of data or consequences arising from this. WP Cork is not responsible for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorized access to, or alteration of any content you upload through any hosting service. WP Cork always advises clients to back up their website data regularly for their own protection. Other backup systems provided are given as a courtesy only, and should not be depended upon for ensuring your data is secure. All communications (emails, verbal or written) are between WP Cork and the client. These communications are private and are therefore not to be shared with any other parties. Finally, WP Cork wishes to emphasize that in accepting services, clients indemnify WP Cork for the violation of any law or WP Cork policy, that results in loss to WP Cork or the bringing of any claim against WP Cork. This means that if WP Cork is sued because of activities of the client that violate any law, or this policy, the client will pay any damages awarded against WP Cork, plus costs and reasonable legal fees. Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation. WP Cork reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.