1) Prohibited Content
Illegal Material - This includes copyrighted works, audio, video or music files or any other material in violation of UK laws.
2) Adult Material
This includes imagery of a pornographic nature, erotic, lewd or otherwise obscene. The designation of "Adult Material" is at the discretion of Energized-Hosting.
3) Warez
This includes Emulators, ROMS, pirated software, pheaking, hacking, password cracking, IP spoofing and encrypting any of the above. Also including any sites providing "links to" or "how to" information about such material.
4) Spam and unsolicited material
Any accounts found to be using our servers to send spam or unsolicited material will be terminated immediately, a refund of any kind will not be given and the account owner will be liable for any costs incurred.
5) Malicious Activity
Energized-Hosting services may not be used for any activity which affects the ability of other people or systems to use Energized-Hosting, the internet, network or other services. Disruption or interference with such services is prohibited.
6) Bandwidth
If the customer should exceed the permitted bandwidth, Energized-Hosting reserve the right to cancel or suspend the account until such time as further payment is made for the service to continue.
7) Back-ups
Energized-Hosting does not keep a back up of customer data and it is therefore the sole reponsibility of the customer to do so. Energized-Hosting recommend this is done on a regular basis to ensure that minimum data is lost in this event. Energized-Hosting hold no reponsibility for such loss incurred.
8) User Conduct
Clients are not authorised to transmit unlawful, threatening, profane, pornographic, offensive, abusive, obscene, indescent or otherwise objectional information of any kind.
9) Game Server Usage
The player and spectator numbers are limited to the number of players a customer has rented, should a customer wish the number of players to be increased or decreased, they must seek permission from Energized-Hosting as additional costs may be incurred. Customers must first seek permission to change the number of players a server accepts and should this be compromised it may result in the suspension or termination of service.
10) Cancellations and Refunds
Energized-Hosting reserve the right to suspend or cancel a service with immediate effect should Energized-Hosting decide that an account is being used inappropriately, or otherwise missued. Energized-Hosting also reserve the right to terminate a contract without refunds should the user be found to have not adhered to these Terms and Conditions.
Energized-Hosting-Server accounts are for the use of primary owners ONLY and account holders are prohibited to give access of their server to a third party, this includes "lending" or "selling" a server, such misuse would lead to the owners account being terminated and monies would not be refunded.
Energized-Hosting reserves the right to suspend or teminate a service and or access at any time, in the event that the customer has followed the Terms and Conditions of use, then the customer will be entitled to a pro-rata refund based on the remaining period of membership.
In the event that a customer wishes to cancel an agreement, the customer must give 1 months notice of cancellation in writing. Any offers or incentives that have been made by Energized-Hosting for its services will be withdrawn. Fees charged on a prepay basis are non-refundable.
Energized-Hosting reserves the right to suspend or teminate a service and or access at any time, in the event that the customer has followed the Terms and Conditions of use, then the customer will be entitled to a pro-rata refund based on the remaining period of membership.
An administration fee may apply for early cancellation of a contract.
11) Change Of Customer Details
It is the duty of the customer to inform Energized-Hosting of any changes to personal details. This is not limited to but includes your email address, telephone number and telephone number. Energized-Hosting will not be held responsible for any loss of communication due to the customer not informing Energized-Hosting of their change of details.
12) Loss and Compensation
Energized-Hosting accepts no liability for any loss suffered as a result of any failure or fault in the service provided by Energized-Hosting. Compensation for such will be at the discretion of Energized-Hosting and shall not exceed the pro-rata value of the service provided. Compensation may take such form as an extension of the service or substitution with another service of equal or higher value to the original service provided. Cash compensation is at the discretion of Energized-Hosting.
13) Setup Time
Energized-Hosting cannot give guarentees on a set-up date for game servers, most services will be set up within 24 hours. Energized-Hosting will not overload its servers beyond reasonable capability in order to set up new services or servers. In the unlikely event that there is no space for a game server or services the customer may be added to a waiting list and when a server or service becomes available the customer's service will be set-up.
14) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Energized-Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Energized-Hosting, 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 Energized-Hosting against liabilities arising out of:
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Energized-Hosting 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 customer from Energized-Hosting server.
15) Energized-Hosting are passworded, removal of a password is in breach of Terms and Conditions and will result in termination of service at Energized-Hosting discretion.
All Energized-Hosting must carry the default name of "Energized-Hosting" and customers must not remove this from the title unless additional fees have been made to de-brand the server. Customers must not rename the server to contain abusive or otherwise offensive material including bringing Energized-Hosting name into disrepute. Breaching these rules will result in termination of service at Energized-Hosting discretion.
Abusive behaviour includes but is not limited to; swearing, insulting, cursing or threatening Energized-Hosting, its staff or customers and is strictly prohibited. Abuse of any kind, transmitted in any manner (internet, email, forum etc) will result in immediate termination of services and no refund of any kind will be offered.