Hosting terms of service for Gyst Services Ltd

WEB HOSTING TERMS AND CONDITIONS

Gyst Services provides World Wide Web page hosting.
We reserve the right to suspend or cancel a customer's access to any or all services provided by Gyst Services when that account has been inappropriately used or contains illegal, offensive or obscene material.

SERVER USE

Hosting accounts are to be used by the primary account holder only. Account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate or third party to host content on the account holders web site. Exceptions to this include RSS news feeds, ad banners, and classified ads.

Gyst Services do not allow any of the following content to be stored on its servers:

Illegal Material - Includes copyrighted work and material in violation of any Federal, State or Local regulation.
Adult Material - Includes all pornographic images, or otherwise lewd or obscene content. The designation of "adult material" is subjective and therefore open to interpretation. In the final instance the decision will be at the discretion of Gyst Services.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also sites which provide "links to" or "how to" information about such material.

UNLIMITED USE POLICY

High bandwidth usage: Gyst Services offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, Gyst Services may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, Gyst Services reserves the right to impose the High Resource User Policy for the consideration of all customers.

HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization

When a website is found to be monopolising the resources available Gyst Services reserves the right to suspend that site immediately. In most cases this action will in fact be preceded by discussion with the client to ascertain the nature and reason for the excessive usage, and to work with the client to resolve the problem. This policy is only implemented in extreme circumstances and is intended to prevent the intentional misuse of our servers and resultant degradation of service to other clients.

PAYMENT POLICIES

All accounts are opened on a prepay basis. Although Gyst Services reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year or month following the date the account was established. Customers will automatically be charged again at the end of their prepay period unless closure notification has already been given.

Gyst Services reserves the right to suspend services until any outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a cancellation request. Such requests will be verified at the time of receipt with the registered contact for the account and confirmation in writing or by fax will be required, to prevent misuse by third parties.

All payments will be billed in UK sterling.

CANCELLATION AND REFUNDS

Gyst Services reserves the right to cancel client services where required to by authorised law enforcement agencies, contravention of these terms and conditions or adverse trading situations. In the event of the latter customers will be given a minimum notice period of one calendar month and entitled to a pro rata refund based upon the remaining period of membership. If a client contravenes Gyst Services terms of service as detailed on this page a refund will *not* be issued in the event of a cancellation.

Account holders may cancel their account at any time. Any incentives offered to customers when opening the account will also be cancelled. Clients may be given the option to purchase separately services which were offered as start-up incentives. Fees charged on a prepay basis are non-refundable. Clients are not entitled to receive a refund unless the service is cancelled by Gyst Services. In addition some accounts incur set-up fees, these charges are also non-refundable.

INDEMNIFICATION

The account holder agrees to defend, indemnify, save and hold Gyst Services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Gyst Services, 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, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Gyst Services against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Gyst Services' server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Gyst Services' servers.

DISCLAIMER

Gyst Services makes no warranties of any kind, expressed or implied for services we provide. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions. Gyst Services disclaims any warranty or merchantability or fitness for a particular purpose. Gyst Services reserves the right to revise its policies at any time.