Terms and Conditions

By using IT&C Labs LTD, all Clients agree to the following Terms and Conditions.
IT&C Labs LTD
TERMS OF SERVICE:
The use of services from IT&C Labs LTD [hereafter referred to as “IT&C Labs LTD”] constitutes agreement to these terms.
1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with IT&C Labs LTD, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. IT&C Labs LTD is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
Transfers
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 7 days from your sign up date. Transfers outside of the 7 day free period will incur a charge; please contact our Sales Department with specific details to receive a price quote.
Privacy
IT&C Labs LTD will not sell, distribute, reveal, or otherwise make available any customer information. We contribute our time, and provide assistance to anti-spam organizations. We are involved 100% in prosecuting spammers. If we need to make contact with you, we will do so by email only. If you are a member of our forum, you may receive mailings from us, (as required to receive server announcements). You can always make a request to cancel any notification service. Privacy Laws apply under the Data Protection Act 1998.
2.) Content
All services provided by IT&C Labs LTD may only be used for lawful purposes. The customer agrees to indemnify and hold harmless IT&C Labs LTD from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Furthermore, this includes setting up accounts with domain names that you or your hosting client does not own. (i.e. you cannot set up an account with the domain name microsoft.com? because you do NOT own it!) Any account found to be in violation of another entity?s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@5starshosting.co.uk or write us using this form with the information required.
Using any hosting account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups. Absolutely NO copyrighted material may be stored on any site that is not owned/licensed by the site owner! NO Fake Domain Names Permitted!
Examples of unacceptable material on all Shared and Reseller servers include:

  • Topsites
  • IRC Scripts/Bots
  • DNS Re-Routing
  • Proxy Sites/VPNs/Scripts/Anonymizers (including promoting proxy sites!)
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
    WebTemplates, Scripts, Audio, Video, etc. storage
  • Radio/TV streaming feeds of any kind (this requires a Dedicated Server)
  • NO WebCam Streaming!
  • NO Gaming Sites of ANY kind, including RPG!
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • eMail Services
  • Banner-Ad services (commercial banner ad rotation)
  • Search Engine / Link Exchange Services
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Commercial Video Streaming is NOT permitted
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery Sites
  • MUDs/RPGs/PBBGs
  • Hateful/Racist/Harassment oriented sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute, promote or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Bulk emailing scripts (accounts are limited to 100 emails/hour with a 500 daily cap)
  • FREE Website or eMail Account offerings (You may NOT give away our resources for FREE!!!)

Examples of unacceptable material on all Dedicated Servers adn VPS include:

  • IRCD (irc servers)
  • IRC Scripts/Bots
  • Pirated Software/Warez
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/spam Scripts
  • Escrow
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery Sites
  • Hateful/Racist/Harassment oriented sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Bulk emailing scripts (accounts are limited to 100 emails/hour with a 500 daily cap)
  • NO sites promoting illegal activity of ANY kind!

NOTE: Adult-related website are permitted, but absolutely must NOT violate ANY UK and/or EU laws! Furthermore, no website may contain naked / topless images on their front page (index.htm, index.html, default.htm, default.html, index.php, index.asp, etc you get the picture!) The front-page of all adult-related websites must display a warning stating that the website contains adult-related material/images! Adult-related website may NOT include live web-cams access/viewing of any kind! Absolutely NO services related to prostitution, escort services, etc. are permitted at all!
MEMORY USE:
Any account running scripts of any kind that cause an overload of our servers CPU Memory will be suspended. Please keep in mind that unlimited diskspace and/or unlimited bandwidth does NOT mean unlimited CPU Memory use! No domain may consume more than 25% of the CPU Memory for more than 60 seconds at any time. You must play nice & share! Our servers are ALL equipped with MORE than ample memory for hosting business & personal websites. Our servers are not set-up as gaming-servers? or mail-servers.? Our servers are also not set-up as Broadcast-Server for live radio or tv streaming! These types of services truly require their own Dedicated Server so they do NOT interrupt the service of other sites. If you require these services, please contact our Sales Department to provide you with a quote for an Affordable Dedicated Server to meet your needs.
IT&C Labs LTD services, including all related equipment, networks and network devices are provided only for authorized customer use. IT&C Labs LTD systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of IT&C Labs LTD system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. IT&C Labs LTD may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via a support ticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us at support@5starshosting.co.uk or write us using this form and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you before we terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Any account with 3 violations of any kind described in this Terms of Service Agreement will result in immediate TERMINATION!
Direct customers: Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3.) Zero Tolerance Spam Policy
We have a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. All of our servers are set-up to permit no more than the alocated quota of emails per DOMAIN to be sent out each hour! Repeated attempts to send our more than the alocated quota of email message per hour will result in account suspension, which may lead to account termination.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
IT&C Labs LTD reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. IT&C Labs LTD reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of IT&C Labs LTD.

4.) Payment Information
You agree to supply appropriate payment for the services received from IT&C Labs LTD, in advance of the time period during which such services are provided. You agree that until and unless you notify IT&C Labs LTD of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account’s invoices are paid outside of the 3 day grace period, invoices will not be automatically generated. However, after the customer notifies IT&C Labs LTD of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.
Cancellations must be done in writing by opening a Billing Support Ticket to notify us. Once we receive your cancellation and have confirmed all necessary information with you via our Ticket Support System, we will inform you that your account has been canceled. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of IT&C Labs LTD, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify IT&C Labs LTD of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by IT&C Labs LTD. IT&C Labs LTD reserves the right to bill your credit card or billing information on file with us. IT&C Labs LTD provides a minimum of 5 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 3 days and not paid will result in a 10% (£0.45 minimum) late fee and an suspension of your hosting account, as well as all of your clients? accounts if you are a Reseller, until the account balance has been paid in full. The 10% (£0.45 minimum) late fee is applied in addition to whatever else is owed to IT&C Labs LTD for services rendered. Access to the account will not be restored until payment has been received.
It is the customer’s responsibility to notify our sales team via the client area after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and IT&C Labs LTD cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact payment@5starshosting.co.uk
IMPORTANT:
If an account becomes suspended at anytime for non-payment or TOS violations, IT&C Labs LTD reserves the right to change the monthly payment amount! (i.e. your monthly fee is based on an eBay Special Promotional rate if your account gets suspended for non-payment or for TOS violations you will no longer qualify for the Special Low Promotional Rate!… EVER!!!) Keeping our rates low & affordable relies on our customers making their payments on time. If you run into a financial bind, just submit a support ticket to our Billing Department to discuss payment options we really want your business to be a success and being in the website design & hosting business since 2008 gives us the opportunity to be flexible when necessary and within reason.

5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. IT&C Labs LTD is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on IT&C Labs LTD servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by IT&C Labs LTD. We actively back-up all of our servers, we do NOT back-up individual accounts. You may utilize the account back-up function found in your cPanel as needed. If your files total more than 3gb you must store your backup file(s) offsite, otherwise you may store one copy in your home directory. You may NOT store more than one back-up copy of your account on the server. In other words, when you make a back-up you must delete the prior back-up copy, or move it off-site. If you require back-up services for off-site storage we can accommodate this for you. Just contact our Sales Department for a quote.

6.) Cancellations and Refunds
IT&C Labs LTD reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time. IT&C Labs LTD gives you an unconditional 7 day money back guarantee on managed shared hosting for any customer who paid the first invoice with a credit card or with Paypal.
There are no refunds on reseller solutions, dedicated servers, administrative fees, install fees for custom software, WHMCS licensing, or domain name purchases. Refund requests for shared and reseller accounts after the initial 7 days will be refunded on a prorated basis plus 25% administration fee of any unused time.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

7a.) Resource Usage
Users may not:

a) Use 25% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. Please use care when installing WordPress PlugIns since many FREE PlugIns are poorly written and are CPU Memory hogs!? Do your homework before installing a script or plugin! (All of our Reseller Servers are equipped with a minimum of 16 CPUs w/ 24GB RAM!)

b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

c) Run any type of web spider or indexer (including Google Cash / AdSpy) on our shared or reseller servers.

d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may NOT host or store them on any of our servers.

f) Run or promote any type of computer leech systems

g) Participate in any file-sharing/peer-to-peer activities

h) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc (This includes RPGs!) i) Run cron entries with intervals of less than 15 minutes.

j) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)

7b.) INODES
The use of more than 10,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 10,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up one inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.

8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9a.) Money back Guarantee
On dedicated servers, VPS and collocation no full refund will be honored the 7 day money back guarantee does not apply. We reserve the right to refund a prorated amount plus 25% administration fee or no refund at all.
Each of IT&C Labs LTD’ managed shared carry a 7 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 7 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared packages anddoes not apply to reseller services, dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
IT&C Labs LTD will not activate new orders or activate new packages for customers who have an outstanding balance with IT&C Labs LTD. For a new order to be setup or a new package to be activated, you must have a balance of £0.00, unless otherwise stated by IT&C Labs LTD in writing

9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99% uptime you may receive a partial credit on your account. Approval of the credit is at the discretion of IT&C Labs LTD dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact support@5starshosting.co.uk with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

10.) Reseller: Client Responsibility (WHM Resellers)
Resellers are responsible for supporting their clients. IT&C Labs LTD does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. IT&C Labs LTD will hold any reseller responsible for any of their clients actions that violate the law or the terms of service. Resellers may NOT give away/provide FREE Hosting Services! Any Reseller discovered providing FREE Hosting Services will be immediately terminated!

11.) Shared (non-reseller accounts)
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. We provide Super Alpha Reseller, Alpha Reseller, Master Reseller Hosting Plans.

11.1) Website Packs (clients who ordered a web site from IT&C Labs)
Unless you have a contract for web site design this rules apply:
a) The website is the property of IT&C Labs Limited;
b) The domain name is the property of IT&C Labs Limited;
c) You will have limited access to cPanel to manage your account, in some cases zero access;
d) You may request a full backup to move your account to a new provider, this service is offered as an addon and you have to pay an one off fee of £499, on payment received and confirmed IT&C Labs Limited will release all the rights for the website and domain name withn 48 – 72 hours and provide the client with a link to download the full backup for the account content
e) When you initiate a request for this service will allow us to suspend/terminate your service with us immediately if we do not reach an agreement

12.) Dedicated Servers
IT&C Labs LTD reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. IT&C Labs LTD reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contactsupport@5starshosting.co.uk you wish to obtain a secondary hard drive. It is your responsibility to maintain backups. Speed limit 5Mb/s upload/download.

13.) Price Change
The amount you pay for hosting will never increase from the date of purchase as long as your account remains in good-standing by being paid on time & not violating any of the rules outlined in our Terms of Service Agreement. We reserve the right to change prices listed on IT&C Labs LTD, and the right to change the amount of resources provided to plans at any time. Furthermore, if an account becomes suspended or terminated for TOS Violations or Non-Payment any special discount pricing will be lost to the account and our standard pricing will go into effect for the account.

14.) Coupons
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.

15a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold IT&C Labs LTD harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against IT&C Labs LTD, 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. Customer agrees to defend, indemnify and hold harmless IT&C Labs LTD against liabilities arising out of;

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with IT&C Labs LTD;

(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 IT&C Labs LTD’ server.

15b.) Arbitration
By using any IT&C Labs LTD services, you agree to submit to binding arbitration. If any disputes or claims arise against IT&C Labs LTD or its subsidiaries, such disputes will be handled by an arbitrator of IT&C Labs LTD’ choice. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

16.) Disclaimer
IT&C Labs LTD shall not be responsible for any damages your business may suffer. IT&C Labs LTD makes no warranties of any kind, expressed or implied for services we provide. IT&C Labs LTD disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by IT&C Labs LTD and its employees.

17.) Disclosure to law enforcement
IT&C Labs LTD may disclose any subscribers information to law enforcement agencies without further consent, or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

18.) Changes to the TOS
IT&C Labs LTD reserves the right to revise its policies at any time without notice.

REVISED: 13 April 2015 – IT&C Labs LTD

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