Our aim at Net Factory is to provide the best service we can to our customers, to help us achieve this goal we have set out the following terms of service.
It is your responsibility to ensure that you are up to date with all of our terms and conditions. We will however, notify you of any prominent changes to our terms that we feel you need to be made aware of.
All services provided by Net Factory may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom (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 Net Factory from any claims resulting from the use of the service which damages the subscriber or any other party.
Shared Hosting Account Usage
Our shared hosting accounts are intended for a single website and you are not permitted to host multiple websites on one account, this includes pointing domains to folders/sub-domains.
Pornography is prohibited on our web servers. 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. Net Factory will be the sole arbiter as to what constitutes a violation of this policy.
Background Running Programs
We do not allow the use of background-running programs, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation. Net Factory will be the sole arbiter of what constitutes a violation of this policy.
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:
■HiveMail and similar email provisioning scripts
■phpShell and similar command execution scripts
■Virus or any other hostile code
■Chat Room Scripts
Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, banner exchanges and chat rooms. In the event a script affecting server performance we reserve the right to disable the effecting script/account prior to notifying the customer.
You are responsible for ensuring that all scripts used within your account are secure and kept up to date, you agree to update/patch the software when the developers release new versions with security fixes to maintain the integrity of your web space.
If a web site is found to be using excessive system resources resulting in degrading the service of other users, we reserve the right to disable the offending script or disable the account if required.
Cron jobs must not be set to run any more frequent than every fifteen minutes, customers found to be running crons more frequently will have their cron frequency edited and repeat offenders risk having their account suspended.
Intellectual Property Rights
Material accessible to you through our Services may be subject to protection under United Kingdom (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 Net Factory 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 Net Factory Network. If you use a domain name in connection with our 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.
Customers may not use the Net Factory 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. We will cooperate fully with investigations of violations of systems or network security at other sites, including co-operating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Refusal of Service
Net Factory reserves the right at its sole discretion to refuse or cancel service. Violation of any of Net Factory'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 there hosting period. Domains terminated due to policy violations will not be released to the customer.
Spam or Unsolicited Email
You must not use the Net Factory Network for the sending of spam, flames, mail bombs, or 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 web sites hosted Net Factory Network.
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 we reserve the right to disable your account without warning. Net Factory reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Merak SPAM/Anti-Virus Protection
Our Merak service is free of charge to our hosting customers and is an opt-out service. All new accounts automatically have this service enabled, if you would prefer for your account not to be included please email our Support department. Should a customer who is not using the
Merak, be causing high CPU usage on our mail server we reserve the right to activate the
Merak service on the account to reduce the CPU usage placed on the
Using Email Forwarding/default address to third party email accounts
If you currently have in place email forwarding or your default address from our
mail server to third party email addresses such as Hotmail, AOL, BT, yahoo, we reserve the right to enable our
Merak spam service on your account without prior notice. The reason behind this is due to the SPAM policies that these companies operate, they incorrectly block our
mail servers resulting in problems for our customers emailing legitimate email addresses on their networks.
Here's an example of how this happens:
1.Our customer sets up a forwarder from an email account hosted on our network to his/her Hotmail email account.
2.The email account hosted on our network receives SPAM which is then forwarded to the Hotmail email account.
3.Hotmail think that our network is the source of the SPAM as it came through our
mail server last.
4.This results in our mail servers being blacklisted across the Hotmail mail network, their blacklisting will stop you emailing a Hotmail email address from your account with us.
So it's only due to the harsh and poorly designed spam policies these companies operate that we have put this measure in place, we do so to give our customers a reliable email service that is unaffected by blacklisting. By having our
Merak spam filtering in place this cuts down the spam forwarded.
Please note that reporting our Merak digests as SPAM to these 3rd party email providers will result in your forwarders/default address being removed.
Any attempts to undermine, slander, libel, threaten, or cause harm to a Net Factory server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of services by us to you and your use of the services and the server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of any of the terms of this agreement.
All accounts are set up on a prepay basis. Although Net Factory reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Any changes to prices will be clearly communicated to customers prior to their application, with customers being given one month's notice of any changes. Notice will be served via email, to the email address held on the Net Factory client account. Payment is due every 30 or 365 days, from the date the account was established. Customers will automatically be charged again at the end of the prepaid period unless confirmation of the wish to close has already been received from the customer (see service cancellations).
No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase has been made, you may print your invoices for your records at any time from within your Customer Portal account.
All payment is in UK sterling. All prices displayed are shown excluding UK VAT.
You are assigned a client account upon becoming a Net Factory customer. It's important that you keep the contact information accurate and up to date as the email address on file is where your invoice renewal notices are sent.
All services will automatically renew on the due date, this is unless a prior cancellation request has been submitted. Telephone cancellation requests are not accepted as we require the request to be logged. If a service has been renewed and no cancellation has been received no refund is due for any services paid.
All invoices must be paid on or before the due date.
We reserve the right to suspened all services once they become overdue.
In the event of a cheque payment being returned to Net Factory for insufficient funds, a service charge of £10.00+VAT will be charged to your account.
To cancel your service(s) you must submit a cancellation request via your client account at least thirty (30) days before the service renewal date, telephone cancellation requests are not accepted as we require the request to be logged from your client account. We will confirm your cancellation has been received and any future billing will cease. We do not issue refunds for any unused time on your service should you choose to cancel your service before your billing date.
To cancel your domain name(s) you must disable the auto renew option for your domain(s) via your Customer Portal account, telephone cancellation requests are not accepted as we require the request to be logged. We do not issue refunds for any unused time on your service should you choose to cancel your service before your billing date.
Changing a domain names DNS to another provider, non-payment of the renewal invoice or transferring a domain away from Net Factory does not constitute a cancellation request. A cancellation request must be submitted as outlined above and we will then confirm the cancellation date back to you.
If you wish to move your domain to another provider you need to email email@example.com to request that we a) change the IPSTAG if it's a .UK domain or b) unlock the domain if it's a .COM/.INFO/.NET/.ORG/.BIZ. Requests to move a domain away can only be actioned if the domain is in a active state, if the domain is past renewal we will not be able to release the domain until any outstanding balance has been paid in full. Once you request cancellation of a domain we cancel it in your billing account so that it can not be renewed through us, if you change your mind about moving the domain you need to let us know so we can re-enable it in your client account.
You have the right to cancel your account within seven days to receive a full refund, your seven days commences from the timestamp on your account details email. To cancel under this policy you need to email the billing department quoting your account username, there are exceptions to this policy which are domain name registration, SSL certificates and setup fees where applicable, these are non-refundable.
If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately refund the payment for the appropriate amount.
Domain Expiry & Redemption Fee's
Before a domain expires you will be invoiced for renewal of your domain by email to the address within your billing account. On the date a domain expires it will be taken offline and you will have 30 days to contact us to renew the domain name at our regular renewal rates with the exception of .eu domain names (see the 'Renewal Grace Period for .EU Domain Names' section below).
After 30 days have passed from the expiry date, the domain will enter what's called a "redemption period" and to renew the domain at this stage will cost £200.00+VAT - this is a cost charged by the registry and passed on to you by us, this in addition to our standard domain renewal charge. After another 30 to 90 days from expiry have passed, the domain is released to the public so anyone can re-register your domain and you will lose it.
Renewal Grace Period for .EU Domain Names
The concept of Renewal Grace Period for .EU domain names is slightly different. Every .EU domain name will Expire exactly 1 year from the date of Registration (since the maximum length of registration is only a year). However, the Renewal Grace Period will be only till the second last day of the expiring month (penultimate day of the month), post which the domain name will be deleted. Thus, different .EU domain names may have different Renewal Grace Periods. Lets take a couple of examples to demonstrate this -
1.abc.eu gets Registered on 24 Jul, 2006. This domain name will Expire on 24 Jul, 2007. If abc.eu is not renewed before its Expiry Date ie. 24 Jul, 2007, it would be redirected to a temporary parking page until it is Renewed.
If the domain name is not renewed until the Deletion date, it will be Deleted from our System on 30 Jul, 2007 (since this is the second last day of the expiring month). This domain name will have a Renewal Grace period of 6 days. It will slip into Redemption Grace Period after 31 Jul, 2007.
2.pqr.eu gets Registered on 27 Jul, 2006. This domain name will Expire on 27 Jul, 2007. If pqr.eu is not renewed before its Expiry Date ie. 27 Jul, 2007, it would be redirected to a temporary parking page until it is Renewed.
If the domain name is not renewed until the Deletion date, it will be Deleted from our System on 30 Jul, 2007 (since this is the second last day of the expiring month). This domain name will have a Renewal Grace period of 3 days. It will slip into Redemption Grace Period post 31 Jul, 2007.
3.xyz.eu gets Registered on 31 Jul, 2006 and will Expire on 31 Jul, 2007. If the domain name is not renewed until the Deletion date, it will be Deleted from our System on 30 Jul, 2007 (since this is the second last day of the expiring month) and will not have any Renewal Grace Period. It will slip into Redemption Grace Period post 31 Jul, 2007.
xyz.eu would not be redirected to a temporary parking page since the domain name would be deleted before it actually Expires.
Complaints Escalation Procedure
We aim to give outstanding service and value for money, however we recognise that from time to time issues can arise that need to be escalated. We are committed to resolving any such issues as quickly and efficiently as possible. The following section gives information on how to contact us, and what to do if you have a complaint.
If you are unhappy with any of our services, or you feel that you have not received a satisfactory response from our
support desk, you may send your complaint in writing to:
Customer Services Manager
Net Factory Ltd
Derbyshire DE12 6RT
Alternatively you can email us at firstname.lastname@example.org
You should expect to receive a response to your query within 14 days of us receiving your correspondence.
On receipt of your complaint our management will thoroughly investigate any issues raised and propose a course of action for resolution.
Net Factory will not be responsible for any damages your business may suffer. Net Factory makes no warranties of any kind, expressed or implied for services we provide. Net Factory 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 Net Factory and its employees. Net Factory makes no "uptime" guarantees.
Net Factory perform backups of hosting accounts on a regular basis however they come with no guarantee. Net Factory can accept no responsibility for any loss of data or consequences arising from this. Net Factory always advises clients to back up their site data regularly for their own protection.
Net Factory 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 Net Factory. A customer's failure to comply with those laws will violate this policy.
All communications (emails, verbal or written) are between Net Factory and the client. These communications are private and are therefore not to be shared with any other parties.
This agreement is made between the customer (as specified in the customer details section when placing your order) and Net Factory. If you are purchasing hosting on behalf of another party please ensure you specify the account owners details in the customer details section. Net Factory will only be able to communicate with regards to the account with the registered customer and not a third-party.
Net Factory wishes to emphasize that in accepting services, customers indemnify Net Factory for the violation of any law or Net Factory policy, that results in loss to Net Factory or the bringing of any claim against Net Factory. This means that if Net Factory is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Net Factory, plus costs and reasonable legal fees.
Failure to comply with any of our terms & conditions will result in grounds for immediate account termination. Net Factory reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.