Terms Of Service

Heaventree Terms of service

Terms of service for hosting services supplied by Heaventree Design & Hosting

Acceptable Use Policy (AUP) and Terms of Service (TOS)

Heaventree Design issues this document. The company shall be known throughout this document as Heaventree Hosting.

Heaventree Hosting agrees to provide the client web hosting for a monthly/annual fee. Heaventree Hosting will never require clients to advertise for Heaventree Hosting on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Clients are allowed to use the service for business/commercial or personal websites or content.

Content:

All services provided by Heaventree Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Irish (or any other country) law 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 statue. The subscriber agrees to indemnify and hold harmless Heaventree Hosting from any claims resulting from the use of the service which damages the subscriber or any other party. A fair usage policy applies to all shared hosting accounts, with a maximum inode capacity per account of 50,000. 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.

Adult Content:

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 sites 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. Heaventree Hosting will be the sole arbiter as to what constitutes a violation of this provision.

 Examples of non-acceptable content or links:

  • Pirated software
  • Hacking programs or archives
  • Warez Sites
  • Porn
  • Spamming Software

Background-running Programs:

Heaventree Hosting 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 are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Banned Scripts:

You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned 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, Heaventree Hosting 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 Heaventree Hosting 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.

Domain ownership:

All domains registered through Heaventree design become the property of the respective owners once full payment for said domains has been received.

**Assisted registration: It is a common occurrence for our clients to request we register a domain name/s on their behalf. In this instance Heaventree will be listed as the owner of said domain/s. Once full payment has been received in respect of any charges arising from the registration or transfer of any domain name by us ownership is then passed to the respective owners. Ownership details will be amended by request within 24hrs and without argument provided all outstanding invoices for domain registration are paid in full. By requesting Heaventree to register or transfer a domain on your behalf you agree to these terms.

Resource Usage

User 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 / Ad Spy) 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

Intellectual Property Rights:

Material accessible to you through Heaventree Hosting's Services may be subject to protection under Republic of Ireland (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 Heaventree Hosting 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 Heaventree Hosting Network. If you use a domain name in connection with the Heaventree Hosting 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.

Network Security:

Customers may not use the Heaventree Hosting 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 customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization'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, mail bombing, or other deliberate attempts to overload or crash a host or network. Heaventree Hosting will co-operate 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. Users who violate system or network security may incur criminal or civil liability.

Defamation:

Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service:

Heaventree Hosting reserves the right at its sole discretion to refuse or cancel service. Violation of any of Heaventree Hosting's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of their hosting period. Domains terminated due to policy violations will not be released to the customer.

Spam or Unsolicited E-Mail:

You must not use the Heaventree Hosting Network, Heaventree Hosting equipment or any Heaventree Hosting 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 Heaventree Hosting Network, Heaventree Hosting equipment or any Heaventree Hosting 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, Heaventree Hosting reserves the right to disable your domain without warning. In addition, Heaventree Hosting may impose a €150 penalty for each spam policy violation. Heaventree Hosting solely reserves the right to refuse or cancel service to known spammers. Lastly, Heaventree Hosting 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 shared hosting accounts have a 150-email limit per hour. Accounts requiring more than 250 emails to be sent per hour, should review our VPS and dedicated server offerings which do not have this limit imposed.

Indemnification:

Customer agrees that it shall defend, indemnify, save and hold Heaventree Hosting (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Heaventree Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Heaventree Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Heaventree Hosting server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Heaventree Hosting to the amount paid for service.

Domain Registration Only:

If a customer does not provide valid name server details for purchases of a domain name only order, Heaventree Hosting will park the domain on its servers. Heaventree Hosting may include revenue generating advertising on the parked page for any domain. Customer can change the name servers at any time to point their domain away from the parking page, by using the online tools provided.

Refunds Policy:

You may cancel your account at any time before your next billing date, and you will not be billed for the next period. If your refund claim is outside of our 30-day offer, then we cannot refund any payments made.

Domain Registration

Technical assistance for domain registration is provided by email only. Please email us at

support@myheaventree.com

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 .i.e. registrations may not be submitted to the registry until all documentation and all requirements are supplied by the customer. Your domain may remain available to anyone else until this information is received by us and processed. For .i.e. registrations that are rejected by the registry a full refund will be issued. For .i.e. registrations that are not completed because we have not received the required documentation from the customer a refund of 70% will be issued.

We offer a 30 day "money back" guarantee for our shared hosting service. If you are dissatisfied with the hosting service provided, you can request a refund of all monies paid for shared hosting services only (excludes VPS, PC backup, site builder and domain registration). Any other fees paid are non-refundable, or subject to a reasonable administration fee proportionate to any work we have carried out (e.g. setup, support desk requests, etc.). Domain registration fees are not refundable under any circumstances.

Billing:

This is a subscription service. Credit card details used at time of purchase are billed on a recurring basis (depending on the payment term selected). Emails are issued to confirm payment and to ensure continuity of service, payment is taken unless otherwise instructed.

How long we retain your information:

This section sets out how long we retain your information. We have set out specific retention periods where possible. Where that has not been possible, we have set out the criteria we use to determine the retention period.


Server log information: we retain information on our server logs for 45 days.
Account information: account information on www.myheaventree.com is backed up for 21 days.
Order information: when you place an order for goods and services, we retain that information for 6 years, in accordance with our legal obligation to keep records for tax purposes.
Enquiries: when you make an enquiry, whether by email or via our contact form, we will retain your information for as long as it takes to respond to and resolve your enquiry, and for 12 further months after which point we will delete your information.
Newsletter: we retain the information you used to sign up for our newsletter for as long as you remain subscribed (i.e. you do not unsubscribe) or if we decide to cancel our newsletter service, whichever comes earlier.

Server backups for hosted clients are kept for a 21 day rotation period. After account termination, live accounts will be removed after 21 days. Backups of removed accounts will be available for a further 21 days before being removed permnently from all servers and backup sets. this action cannot be undone.

Criteria for determining retention periods

In any other circumstances, we will retain your information for no longer than necessary, taking into account the following:

  • the purpose(s) and use of your information both now and in the future (such as whether it is necessary to continue to store that information in order to continue to perform our obligations under a contract with you or to contact you in the future);
  • whether we have any legal obligation to continue to process your information (such as any record-keeping obligations imposed by relevant law or regulation);
  • whether we have any legal basis to continue to process your information (such as your consent);
  • how valuable your information is (both now and in the future);
  • any relevant agreed industry practices on how long information should be retained;
  • the levels of risk, cost and liability involved with us continuing to hold the information;
  • how hard it is to ensure that the information can be kept up to date and accurate; and
  • any relevant surrounding circumstances (such as the nature and status of our relationship with you).

Account termination:

This is a subscription service that may be cancelled at any time in writing. Refunds are not possible after 30 days from account creation. Once an account closure has been requested you have 21 days in which to ensure all data, emails, files, databases and all other material related to your account have been backed up and migrated to either a new hosting provider or a local backup at your own discretion.

Account backups will retain a copy of all data on your account for a further 21 days, after which time all traces of your account will be permanently and irrevocably removed from all servers and backup sets. Once this time has passed it is not possible to retrieve any information pertaining to your account.

In a scenario where data must be retrieved from one of our remaining backups a non-negotiable fee of €250+vat will be applicable for retrieval and delivery of any remaing data.

Disclaimer:

Heaventree will not be responsible for any damages your business may suffer. Heaventree makes no warranties of any kind, expressed or implied for services we provide. Heaventree 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 Heaventree and its employees. Heaventree makes no “uptime” guarantees. Heaventree keeps backups of key server systems only and these backups are not available for customer use. Heaventree can accept no responsibility for any loss of data or consequences arising from this. Heaventree always advises clients to back up their site 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. Heaventree furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of Heaventree. A customer’s failure to comply with those laws will violate this policy. If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with Heaventree then Heaventree will not be responsible for maintaining hosting for the resellers customers. All communications (emails, verbal or written) are between Heaventree and the client. These communications are private and are therefore not to be shared with any other parties. Finally, Heaventree wishes to emphasize that in accepting services, customers indemnify Heaventree for the violation of any law or Heaventree policy, that results in loss to Heaventree or the bringing of any claim against Heaventree. This means that if Heaventree is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Heaventree, plus costs and reasonable legal fees. Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation. Heaventree reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.