These General Terms & Conditions and the Service Specific Terms & Conditions, the Acceptable Use Policy and any information relating to the Service/Package purchased
from Pure Hosting forms the Agreement between Us. If any of these General Terms & Conditions are inconsistent with any terms set out in Pure Hosting Service specific
terms & conditions, the Service specific terms & conditions shall prevail.
By signing up for the Services You warrant that You are at least 18 years old, and legally capable of entering into a binding contract; or acting with the express
permission and using the payment details of a person or organization who in turn is agreeing to be bound by the terms of this contract.
You acknowledge and accept that Your use of the Services must be in accordance with the Acceptable Use Policy. By nature of owning a Pure Hosting account, You accept
these Terms & Conditions.
1. Definitions
1.1 "Agreement" means any agreement to which these terms & conditions are incorporated.
1.2 "Pure Hosting" means Pure Hosting which is owned by Network Media Services Limited.
1.3 "Package" means a collection of Services.
1.4 "Pay As You Go" means Pure Hosting no minimum term commitment monthly payment option.
1.5 "Prices" means the Prices for the Services set out in order form or as otherwise notified to You.
1.6 "Services" means the Services to be provided by Pure Hosting.
1.7 "You/Your" means the person or company who purchases Services from Pure Hosting.
2. Duration and Renewal of Services
2.1 Services for which payment is required on a monthly basis are available for fixed 12 month minimum contract periods. Unless specifically stated
to the contrary in the details of the Service and/or Package You purchase, the minimum contract term on all Packages shall be 12-months.
3. Cancellations
3.1 When entering into a contract as a consumer (not in the course of conducting business) the Consumer Contracts (Information, Cancellation and Additional Charges)
Regulation 2013 ("the regulations) allow you to cancel the Contract at any time within 14 days, beginning on the day after you receive written confirmation of our acceptance
of your order. However, by placing your order for the Services, you agree to us commencing supply of those Services before the 14-day period has expired. As a
result, you will not have the right to cancel the Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013.
3.2 For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions
of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.
3.3 Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, or agreed by Pure Hosting in writing prior to purchase, Services are
not available on a trial basis. It is Your responsibility to ensure that the Services you purchase are suitable for your technical requirements.
3.4 You are entitled to cancel the services by contacting Pure Hosting' cancellation team no more than 30 days prior to the expiry of your minimum contract term , and no
less than one working day prior to the next payment date of that service. Once Pure Hosting accept your cancellation request you will be provided with written confirmation
of cancellation requests will not be deemed to have been received and accepted until we have issued our written confirmation to you.
3.5 Pure Hosting reserves the right to cancel and/or suspend Your Service at any time without notice if You breach these General Terms & Conditions and/or the Service
Specific Terms & Conditions and/or our Acceptable Use Policy.
4. Refunds
4.1 Charges due on a pre-pay basis (together with account set-up fees, where applicable), are non-refundable.
4.2 In the event that Pure Hosting cancels Your Service for reasons other than Your breach of contract, You will be entitled to a pro rata refund based upon the remaining
period of Your current contract term.
4.3 If You contravene Your Agreement with Pure Hosting, a refund will not be issued in the event of a cancellation.
4.4 Domain credits are non-refundable as they enable the purchase of domain names at discounted Prices, based on an up-front commitment.
4.5 Credit notes can only be used for payment (or partial payment) of Your Service, and are non-refundable.
4.6 Unused reseller funds on account will only be recoverable when the account is closed.
5. Payment
5.1 All Services and Packages must be paid for in advance in accordance with the specific provisions of that Service or Package. In signing up for a Pure Hosting account
You agree to commit to the contract for the fixed term. It is not possible to terminate the contract prior to the expiry of the fixed term.
5.2 Payment will be due on the basis of the Service and/or Package You have selected. If You have purchased Services or Packages then payment will be required
either quarterly or annually in advance.
5.3 You will be invoiced automatically for the next pre-paid period on the basis of your current payment plan at the expiry of the current pre-paid period unless You have
cancelled the Services in accordance with clause 3.1. Payment of the Price will be taken via the payment method specified within the control panel and will be non-refundable.
In cases of failed payment, the invoice will become due and payable to Pure Hosting in its entirety.
5.4 Pure Hosting reserves the right to change the Prices and/or nature of its Services by giving You written notice of those changes. Notice of changes to Prices and/or Services
will be given by e-mail to the e-mail address held in Your Pure Hosting Account. If You have already purchased a particular Service then the change in the Price or nature of
that Service will only become effective when the Service reaches the end of its current term. You will be charged the new Price when the Service is automatically renewed at
the end of the current term.
5.5 All payments must be made in UK pounds sterling, inclusive of applicable taxes.
5.6 You warrant that You are authorised to make payment using the payment card or facility You disclose to Pure Hosting. In the event that You are not the named card holder,
You acknowledge that You and the party who is the named card holder both accept Pure Hosting' Terms & Conditions and are jointly and severally liable for the payment of all
Prices for which payment will be taken from the payment card. You will indemnify and hold Pure Hosting harmless in the event that the cardholder or issuer declines any transaction
for payments to Pure Hosting, including all of Pure Hosting costs in administering Your non-payment and obtaining payment of those Prices due.
5.7 Pure Hosting reserves the right to suspend all Services until payment is received in full and all outstanding debt is cleared. Any non-payment of a recurring invoice may
be subject to a £25 administration charge. You are responsible for all money owed on the account from the time it was established until Pure Hosting accepts Your cancellation
request. You are responsible for any additional costs incurred by Pure Hosting in the collection of outstanding debt.
5.8 You are required to have a valid email address and credit/debit card and/or PayPal account registered to Your account at all times, failure to do so will result in automatic
suspension of Your account. If You cancel Your credit/debit card and/or PayPal account for any reason You must immediately notify Pure Hosting and provide details of a current
valid payment card and/or PayPal Account.
5.9 Payments processed by PayPal are subject to PayPal's terms and conditions of Service, and Pure Hosting makes no representations or warranties with respect to those Services.
5.10 No bills or invoices will be sent by regular mail. All invoices will be sent directly to You via email shortly after the purchase or automated renewal transaction is completed.
5.11 If You fail to pay all Prices due, Pure Hosting reserves the right to interrupt, suspend or cancel the Services to You. Such interruption, suspension or cancellation does
not relieve You from paying all contractually obligated invoices to Pure Hosting.
5.12 Please refer to Pure Hosting Service Specific Terms & Conditions including, but not limited to, the Domain Name terms of Service for Domain Name for specific payment policies.
5.13 Any unused Credit notes on Your Account will be taken in payment of Your Service. Where the value of the unused Credit note is less than the total payment due, the remainder
of the balance will be taken from the current payment method on Your account.
6. Chargebacks
6.1 If You withdraw any payments made via a bank, credit card or PayPal account (a "chargeback") Pure Hosting will either defend such chargebacks directly with the card issuer,
or take appropriate steps to recover the original monies from You in addition to an administration fee of £25+VAT for each inappropriate chargeback raised.
6.2 If a chargeback is made, Pure Hosting reserves the right to immediately interrupt, suspend or cancel all services within your Account. Such interruption, suspension or
cancellation does not relieve You from paying all contractually obligated invoices to Pure Hosting.
7. Appropriate Service use
7.1 Pure Hosting reserves the right to refuse Service and/or access to its servers and/or Services to anyone.
7.2 Pure Hosting does not allow any content which breaches our Acceptable Use Policy to be stored on its servers. Pure Hosting reserves the right to remove content from the
Services or suspend the Services immediately where it reasonably suspects such content breaches the Acceptable Use Policy.
7.3 Pure Hosting shall notify You if it becomes aware of any allegation that You breach the Acceptable Use Policy.
7.4 Refusal of Service based on the content being contrary to our Acceptable Use Policy is entirely at the discretion of Pure Hosting.
7.5 Pure Hosting reserves the right to move Your data to a different server with no prior notice.
7.6 You shall indemnify Pure Hosting against all damages, losses and expenses arising as a result of any action or claim that the data, content and/or any other material
breaches the Acceptable Use Policy.
7.7 In the event that Pure Hosting removes data or content from the Services and/or suspends Your site pursuant to clause 7.2, and later reinstates such content and/or resumes
the Services, You shall indemnify Pure Hosting against all damages, losses and expenses arising as a result of any action or claim that such content and/or data and/or the Services
Your site breaches the Acceptable Use Policy.
8. Scheduled maintenance
8.1 To guarantee optimal performance on the servers, it is necessary for Pure Hosting to perform routine maintenance. Such maintenance often requires taking Pure Hosting Services
off-line, typically performed during off-peak hours. Pure Hosting will give You advance notice of maintenance requiring the Services to be taken off-line whenever possible by
publishing notice on the Pure Hosting website.
9. Support
9.1 We will endeavour to provide a continuous high-quality service. If You experience problems with Your Service, You should consult Pure Hosting support website and search for
a resolution to Your problem in Pure Hosting Knowledge Base. You will also find Pure Hosting 24/7 support contact details on Pure Hosting support website.
9.2 Please note we may require suspension of some of Pure Hosting Services for short scheduled periods to carry out maintenance or repair to Pure Hosting Services. Information
concerning scheduled downtime is available on the Pure Hosting support website, as are details of any interruptions to Pure Hosting Services.
10. Reselling of Services
10.1 All Services are intended for use by the primary owner only, should you choose to resell, store or give away web-hosting Services to other parties You agree that such
activity will be undertaken at your own risk. You also accept responsibility for ensuring that all end users abide by these terms of service.
10.2 Pure Hosting accept no liability to you or any third parties for losses arising from the Reselling of services as detailed in 10.1.
10.3 Pure Hosting reserve the right to suspend access to the automated management facilities of the Reseller account including the API (Application Programming Interface) if
a customer's use is deemed to be affecting the platform for which Pure Hosting delivers the Services.
11. Database Usage
11.1 If You exceed the limits on Pure Hosting database products (MS SQL and MySQL) then we will automatically charge You for the additional space You use at Pure Hosting
current Prices. For example, if You have a 150MB database and 200MB is in use at any point during a month then we will charge for the extra 50MB in that month.
12. Data
12.1 All data created or stored by You within Pure Hosting' applications and servers are Your property. Pure Hosting shall allow access to such data by only authorised Pure
Hosting personnel. Pure Hosting makes no claim of ownership of any web server content, email content, or any other type of data contained within the accountholder's server
space or within applications on Pure Hosting' servers.
12.2 Pure Hosting maintains backups of its servers and infrastructure pursuant to its own archiving and business continuity procedures. In the event of loss of or damage to
your data relating to actions made by You or on Your behalf you will not be given access to any data stored as part of these procedures.
12.3 In the event of loss of or damage to your data relating to a failure in Pure Hosting systems or servers, Pure Hosting will make reasonable commercial efforts to assist
you in the restoration of your data, however You accept full responsibility for maintaining adequate backup copies of all your data.
12.4 You shall indemnify Pure Hosting against all damages, losses and expenses arising as a result of any action or claim that the content or data of Your site or content or
data accessed from or published as part of the Services infringes the intellectual property rights of a third party.
13. Uploads via scripting languages
13.1 We limit uploads made via scripting languages - including PHP, ASP and ASP.NET. Uploads made using PHP are limited to 20MB per file.
14. Passwords
14.1 It is the account owner's responsibility to keep his/her password(s) confidential, and to change the password on a regular basis. Pure Hosting is not responsible for any
data losses or security issues due to stolen passwords or any passwords that You have intentionally or accidentally disclosed to any third party. Pure Hosting recommends that
You use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. "12345", "password", etc.).
14.2 You accept full responsibility for any purchases or modifications made within your control panel by You or by third parties using your account password.
15. Your personal details
15.1 You warrant that the contact information that you provide to us on establishment of your account is correct, and that You accept responsibility for keeping this information
up to date at all times. You agree that we may suspend access to your account and the Services if we reasonably believe that the information you have supplied is inaccurate.
15.2 Please note that whilst Your email is primarily used for billing purposes, Pure Hosting reserves the right to email You information about its product offerings.
15.3 Pure Hosting will not provide any of Your personal information to other companies or individuals without Your permission unless required to do so by law. However, Pure Hosting
may need to provide Your name and delivery address to third parties that Pure Hosting may use for the purposes of delivering specific Services to You (e.g. customer support). For
more information about how Pure Hosting will collect and use Your personal information please read Pure Hosting' privacy policy.
16. Pure Hosting Disclaimers and Warranties
16.1 Pure Hosting does not back up your data/website unless this service has been purchased, and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Pure Hosting cannot
guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all Service interruptions caused by
Pure Hosting.
16.2 Pure Hosting makes no warranties or representations that any Service will be uninterrupted or error-free. You accept all Services provided hereunder "as is" without
warranty of any kind.
16.3 So far as permitted by law and particularly in respect of non-consumers, all implied conditions, warranties and terms (whether express or implied by statute, common law,
custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable)
are hereby excluded in relation to each of the Services to be provided hereunder to the fullest extent permitted by law.
16.4 For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions
of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.
17. Liability
17.1 Pure Hosting shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this Agreement by You or
any act, misrepresentation, error or omission made by You or on Your behalf.
17.2 Pure Hosting will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted
management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or
not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
17.3 No matter how many claims are made and whatever the basis of such claims, Pure Hosting' maximum aggregate liability to You under or in connection with this Agreement in
respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in
tort shall not exceed a sum equal to the fees paid by You for the Services in relation to which Your claim arises during the 12 month period prior to such claim.
17.4 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Pure Hosting, its employees or its
sub-contractors.
17.5 Pure Hosting shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:-
17.5.1 interruptions to the flow of data to or from the internet;
17.5.2 changes, updates or repairs to the network or software which it uses as a platform to provide the Services;
17.5.3 the effects of the failure or interruption of Services provided by third parties;
17.5.4 factors outside of Pure Hosting' reasonable control;
17.5.5 Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;
17.5.6 problems with Your equipment and/or third party equipment;
17.5.7 interruptions to the Services requested by You.
18. Force Majeure
18.1 Pure Hosting shall not be responsible for any failure to provide any Services or perform any obligation under the Agreement because of any act of God, strike, lock-outs or
other industrial disputes (whether involving the workforce of Pure Hosting (or any other party) or compliance with any law of governmental or any other order, rule, regulation or
direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers
of telecommunication Services generally, or other similar force beyond its reasonable control.
19. Non-Waiver
19.1 The failure of Pure Hosting to require Your performance of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the
waiver by Pure Hosting of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
20. Survival
20.1 The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the
termination of this Agreement, shall be and remain enforceable notwithstanding termination of the Agreement for any reason. However, neither party shall be liable to other
for damages of any sort resulting solely from terminating this Agreement in accordance with its terms but each party shall be liable for any damage from any breach by it of
this Agreement.
21. Notice
21.1 You agree that any notice or communications required or permitted to be delivered under this Agreement by Pure Hosting to You shall be deemed to have been given if
delivered by e-mail, in accordance with the contact information You have provided.
22. Governing Law
22.1 Except as otherwise set forth in the Domain Dispute Policy, Your rights and obligations and all contemplated by this Agreement shall be governed by English law and
You submit to the exclusive jurisdiction of the English Courts.
23. Legal Fees
23.1 If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to
this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to
which the prevailing party may be entitled.
24. Assignment
24.1 You shall not assign, sub-license or transfer Your rights or obligations under this Agreement to any third party without the prior written consent of Pure Hosting However,
in the event that Pure Hosting consents to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and
their respective successors and permitted assigns.
25. Entire Agreement
25.1 This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no
agreements collateral here to than as expressly set or referred to herein. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings,
proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein.
26. Amendment in Writing
26.1 We may update or amend these General Terms and Conditions, the Service Specific Terms & Conditions including any technical specification relating to the Services and/or
Package, the Acceptable Use Policy, Privacy Policy and any information relating to the Services/Package from time to time to comply with law or to meet our changing business
requirements. We will give You prior notice of any changes to the Agreement and You can choose to cancel the Services without penalty before the new terms affect you. Display
of the modified terms and conditions shall be deemed to be notice to you. You also agree to review the terms and conditions regularly to ensure you are aware of any modifications.
27. Further Assurances
27.1 The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect
to the transactions contemplated by this Agreement.
28. Relationship of the Parties
28.1 Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.
29. Joint and Several Obligations
29.1 If any party consists of more than one entity, their obligations here under are joint and several.
30. No Third-Party Beneficiaries
30.1 This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.
31. Severability
31.1 In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability
or invalidity shall not render this Agreement unenforceable or invalid as a whole. Pure Hosting will amend or replace such provision with one that is valid and enforceable,,and which
achieves, to the extent possible, the original objectives and intent of Pure Hosting as reflected in the original provision.
Pure Hosting Virtual Server Service Level Agreement
All virtual servers are subject to a 24 month minimum contract term.
At Pure Hosting we aim to deliver the highest possible levels of up-time, and agree that the Hardware on which your Virtual machine is based, and service critical infrastructure,
including Power and Network Connectivity will be available for 99.99% of the time (excluding scheduled maintenance, advance notice of which will be given wherever possible).
In the event of an outage to one of these service components which results in server downtime customers may be entitled to claim a service credit of one day's service fee for every
hour that the server is unavailable, depending upon the outage circumstances. The period of the outage will be measured from the time you report the problem to our confirmation of
restoration of service.
SLA claims may be made up to a maximum of one month's service fee in any calendar month.
Outages caused by third party software installations or other modifications to the default server operating system as deployed do not fall within the terms of this Service Level Agreement.
Dedicated Server Contract Term
All dedicated servers are subject to a 24 month minimum contract term.
Pure Hosting Dedicated Server Service Level Agreement
At Pure Hosting we aim to deliver the highest possible levels of up-time, and agree that the Server Hardware, and service critical infrastructure, including Power and Network Connectivity
will be available for 99.99% of the time (excluding scheduled maintenance, advance notice of which will be given wherever possible).
In the event of an outage to one of these service components which results in server downtime customers may be entitled to claim a service credit of one day's service fee for every hour
that the server is unavailable, depending upon the outage circumstances. The period of the outage will be measured from the time you report the problem to our confirmation of restoration
of service.
SLA claims may be made up to a maximum of one month's service fee in any calendar month.
Outages caused by third party software installations or other modifications to the default server operating system as deployed do not fall within the terms of this Service Level Agreement.
This policy is subject to change, so please check regularly for updates. This policy is in addition to Pure Hosting Terms & Conditions.
Use of Services
1.1 Pure Hosting reserves the right to suspend or cancel a customer's access to any or all Services provided by Pure Hosting, where Pure Hosting decides that the account has been
inappropriately used. Pure Hosting reserves the right to refuse Services and/or access to its servers to anyone.
1.2 Pure Hosting offer unlimited web space and bandwidth with some account types. By this, we mean unlimited space for legitimate web site content and bandwidth for visitors to
view it. All files on a domain must be part of the active website and linked to the site. Sites should not contain any material which does not comply with our content guidelines.
1.3 Pure Hosting offer large numbers of mailboxes with some account types subject to a fair use policy. Mailboxes are intended for direct use by the package owner and should not be resold or
offered for use by third parties. Should the number of active mailboxes assigned to an individual package exceed 49, Pure Hosting reserve the right to restrict the number of mailboxes included in the package price.
1.4 Pure Hosting reserve the right to delete mailboxes (including contents) that are deemed inactive, i.e. have not been accessed within the last 180 days.
1.5 Pure Hosting will suspend access to, or cancel, an account which:
1.5.1 Contains invalid or fraudulent details.
1.5.2 Initiates a payment card chargeback.
1.6 You agree;
1.6.1 not to re-sell or offer for the use of third parties any part of our services, unless you have purchased a reseller package or dedicated server.
Acceptable use guidelines
2.1 You may not use the Services:
2.1.1 in any way that breaches any applicable regulation , UK or International law.
2.1.2 in any way that is fraudulent;
2.1.3 to host any material which is in breach of our content guidelines;
2.1.4 to transmit, or otherwise permit any unsolicited or unauthorised advertising or promotional material or any other form of similar marketing material ,also known as SPAM or Unsolicited Commercial E-mail (UCE)
2.1.6 to publish or otherwise distribute Warez, copywritten or other illegal material. The onus is on You the customer to prove that You own the rights to publish material, not for Pure Hosting to prove that You do not.
2.1.7 to participate in any file-sharing/peer-to-peer activities;
2.1.8. as a file backup store. All files uploaded to a domain on our servers must be visible and accessible by visiting that domain, unless they are hidden files needed to operate the website; we reserve the right to delete
files which do not match these criteria without giving notice to you.
2.1.9 to use the server as an application server. Using the server to generate large volumes of email from a database is an example of activity that is not allowed. Scripts should not attempt to manipulate the timeouts on
servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed.
Scripts that are designed to provide proxy Services, anonymous or otherwise, are not allowed
2.1.10 to use excessive amounts of server resources. These include bandwidth, processor utilization and / or disk space. Excessive usage will be charged over and above your package allowance at the current price for those additional resources.
2.1.11 to offer HTTP downloads from your site, other than where the files are directly related to the subject matter of the site. We recommend you stream any multimedia content including audio and video files. Any downloads
offered by You under this clause are subject to sections 1.2, 2.1.6, and 2.1.10 of this Acceptable Use Policy. Pure Hosting reserves the right to archive any download content we do not believe to be necessary for the normal
operation of the site, and the definition of this is entirely at the discretion of Pure Hosting.
2.1.12 to redirect users from a non-.XXX website to a .XXX website
Content guidelines
3.1 These content guidelines apply to any and all services provided by Pure Hosting to You .
3.2 Material published to or transmitted through our servers must:
3.2.1 be accurate (where stating facts);
3.2.2 comply with applicable law in accordance with section 2.1.1 of this policy.
3.3 Material must not:
3.3.1 be defamatory of any person;
3.3.2 be obscene, offensive, or inflammatory;
3.3.3 contain any adult material with the exception of content hosted on .XXX domains. Adult material includes all pornography; or otherwise lewd or obscene content. The designation of 'adult material' is left entirely to the discretion of Pure Hosting.
3.3.4 material hosted on .XXX domains must not breach any of the IFFOR policies. These include, but are not limited to:
i. .XXX registrants must not display any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, depicting child pornography as defined in the
United Nations Convention on the Rights of the child.
ii. .XXX registrants must agree to permit automated monitoring of their sites by IFFOR or if applicable, any other recognised third party for compliance with IFFOR policies, including without limitation, IFFOR policies requiring site
labelling, prohibiting child pornography, and prohibiting content or conduct designed to suggest the presence of child pornography. Registrants must agree not to employ technological or other means to defeat or prevent such monitoring.
iii. No registrant shall use or permit use of a .XXX domain name for or in connection with email spoofing, phishing, spam, or other forms of malicious behaviour, in accordance with specifications and policies issued by IFFOR from time to time.
iv. No registrant may register an abusive string in the TLD including, without limitation, strings that infringe the intellectual property rights of a third party, including common law trademark rights; strings that are obvious
variants of well-known trademarks not belonging to the registrant; first and last names of an individual other than the individual or his/her agent or names that suggest the presence of child pornography.
3.3.5 infringe any copyright, or trade mark.;
3.3.6 be likely to deceive any person;
3.3.7 promote or assist any illegal activity;
3.3.8 be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
3.3.9 be used to misrepresent your identity or affiliation with any person or organization ;
3.4 You must ensure that any end-user submitted content such as forum posts or chat room entries meet with the standards defined within this Policy.
4. Enforcement
4.1 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of Pure Hosting Services. When a breach of this policy has occurred, we may take such action as we deem appropriate in accordance with section 1.1 of this Acceptable Use Policy.
4.2 Failure to comply with this Acceptable Use Policy constitutes a material breach of our Terms and Conditions upon which you are permitted to use Pure Hosting Services, and may result in our taking all or any of the following actions:
4.2.1 immediate, temporary or permanent withdrawal of your right to use Pure Hosting Services;
4.2.2 immediate, temporary or permanent removal or archiving of any content in breach of our Content Standards (as defined in section 3 of this Acceptable Use Policy) uploaded to our servers;
4.2.3 issue of a warning to you;
4.2.4 issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
4.2.5 further legal action against you; or
4.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
4.3 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
5. General
5.1 Pure Hosting have a Police Liaison function and we are committed to assisting, and cooperating with, all law enforcement and government agencies in helping to reduce Internet Crime.
6. Contact Information
6.1 We are happy to answer any questions You may have regarding Your Pure Hosting Services. Please note that any discussions with Pure Hosting Internet Ltd are treated in strictest confidence, so we may need to ask You security questions to confirm that we are speaking to the right person.
7. Privacy policy
7.1 Your right to privacy is very important. Pure Hosting recognise that when You choose to provide Pure Hosting with information about Yourself, You trust Pure Hosting to act in a responsible manner.
We believe this information should only be used to help Pure Hosting provide You with a better Service. That's why we have put a policy in place to protect Your personal information.
Please note: by signing up for any of our services you agree to be bound by all Pure Hosting terms and conditions.