Terms of Service

Terms of Service Policy and Service Guidelines

TopsHost provides web services to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met. Content: All services provided by TopsHost, , 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 law is prohibited.

This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute, and invasion of privacy. The subscriber agrees to indemnify and hold harmless TopsHost, from any claims resulting from the use of the service which damages the subscriber or any other party. All pornographic content and sex-related merchandising is prohibited on all TopsHost, , servers. This includes sites that may infer sexual content or links to adult content elsewhere. TopsHost, , will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to TopsHost, , servers or any other server on the Internet. Links to such materials are also prohibited. Examples of unacceptable content or links: Pirated software Hacker programs or archives Warez sites TopsHost, , will be the sole arbiter as to what constitutes a violation of this provision. What does TopsHost, consider "Adult Material?"

Any site whose revenue is gained in part or whole from its adult content. Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes. Revenue-generating hyperlinks to sites who violate this policy.

Adult sites are not permitted. Commercial Advertising - Email: Spamming, or the sending of unsolicited email, from a TopsHost, , server or using an email address or domain that is maintained on an TopsHost, , machine as reference is STRICTLY prohibited.

TopsHost, , will be the sole arbiter as to what constitutes a violation of this provision.

Misuse of System Resources:

Any attempt to undermine or cause harm to a server, or customer, of TopsHost, , is strictly prohibited. This includes, but is not limited to: using programs that consume excessive CPU time; allowing the use of mail services, mail forwarding capabilities, or autoresponders other than for the customer's own account; resale of disk space without an appropriate reseller agreement; use of servers for backup of files unrelated to the web site of the account; or resale or remote Hosting to CGI scripts installed on our servers. Operation of IRC servers or IRC bots on our servers will result in an immediate suspension of service.

Account Charges

Your monthly account charges are payable in advance. If you terminate your account, you must give at least 10 days written notice before the end of your billing cycle. If your account is terminated by TopsHost, because of violations of TopsHost, online policies, you will not be entitled to any refund whatsoever, such forfeiture being agreed to you and TopsHost, as liquidated damages and not as a penalty.

You are responsible for all activities and charges associated with your account. If any unauthorized charges are made on or through your account, you are responsible for such charges until you notify TopsHost, of a breach of security by contacting TopsHost, via the Contact page. Please be advised that the Contact Person or Owner of the TopsHost, Internet Account is solely responsible for activities conducted through, on or with their TopsHost, Internet Account.

If you, or someone to whom you have given Hosting to your account, violates the TopsHost, Hosting Agreement, your account will be cancelled. If you pay by credit card or other autorised payment method, you expressly authorize TopsHost or its agents, partners or other authorised entity, to charge the credit card or other authorised payment method to the account number associated with your Account for any Hosting Service charges that accrue from month to month. You reauthorize TopsHost, to charge your designated credit card or other authorised payment method account each time you use the Hosting Service. This authorization will remain valid until you terminate your authorization by e-mail or signed letter.

TopsHost, may immediately terminate your account, in TopsHost, sole discretion, for declined credit cards, or any other non-payment of account charges. A billing cycle will begin on the date you purchase the Hosting Service and will continue for one month from that date. A new billing cycle will begin on the anniversary date of the day of the month on which you purchased the Hosting Service. If any instrument received in payment is returned to TopsHost, unpaid, your account will be considered to be in default, and in addition to the amount due, you may be subject to a administration charge of $20.00.

If your account is cancelled or interrupted for non-payment, you must continue to pay your monthly account charges. Only your written or e-mail request to terminate your account will relieve you of your obligation to pay your monthly account charges. If your account is in default, you are subject to an interest charge of 4.5 percent per month, or the maximum allowable rate under UK law. If you default on your account, you agree to pay TopsHost, its reasonable expenses, including lawyers' fees and collection agency fees, incurred in enforcing TopsHost, rights under TopsHost Hosting Agreement.

Cancellation:

Cancellation can be made via email contact page. Advance notice is required of at least 10 days before the end of your billing cycle. All fees paid for service for that month of the notice of cancellation are non-refundable. Suspension: Activity which results in a suspension or deactivation of an account will result in a forfeiture of fees paid.

Refund Policy

We are sure you will enjoy using our hosting service. However in the unlikely event you are not satisfied with the service you receive we will refund your hosting fee in full within seven days of your order being placed. Refunds are not valid for users that breach our terms of service or acceptable use policy.

Complaints made regarding abuses of an account will be grounds for suspension until fully investigated. TopsHost, will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. TopsHost, may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, TopsHost, may disclose information, including but not limited to, information concerning a client, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request.

TopsHost, assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, TopsHost, may disclose client information or information transmitted over its network where necessary to protect TopsHost, and others from harm, or where such disclosure is necessary to the proper operation of the system. Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion. All sub-networks, distributive TopsHost and sites of TopsHost must adhere to the above policies.

Please direct any reports of violations of the above policies via the Contact page. Failure to follow any term or condition will be grounds for immediate account deactivation.

System Backup

TopsHost performs system backups on its servers for system recovery purposes. TopsHost, shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, TopsHost, shall provide historical data, at its discretion. Customer is responsible in backing up their own data and databases. If TopsHost performs data restore, it may charge at its discretion $20.00 for each occurrences where data loss is the fault of the client. TopsHost will perform system backups daily and use that data for system recovery purposes.

It is understood by the customer that they are fully responsible in keeping backup copies of their data regardless of its nature. All customers are responsible in backing up their own data.

Any tool provided by TopsHost, to perform such task is provided AS IS. NO WARRENTY THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY TOPSHOST., ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER TOPSHOST. NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL HostingIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability:

UNDER NO CIRCUMSTANCES SHALL TOPSHOST , ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT TOPSHOST, IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, TOPSHOST LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM. TOPSHOST RESERVE THE RIGHT TO ADD, ALTER OR MODIFY THIS AGREEMENT WITHOUT GIVING NOTICE. BY USING TOPSHOST SERVICES YOU ACCEPT OUR TERMS.

YOUR STATUTORY RIGHTS ARE NOT AFFECTED. Rev. 1.1 8/12/02.
TopsHOST is a trading name of Tops Network Ltd. Registered in London UK.