HostingDepartment may enforce rules and regulations regarding the use of its services. These rules and regulations are called Terms & Conditions. Any violation of the Terms and conditions will result in action that HostingDepartment feels appropriate, which could be the termination of your account. No refund will be given for any interruption in service resulting from policy violations.

VIOLATION OF HOSTINGDEPARTMENT'S TERMS AND CONDITIONS IS STRICTLY PROHIBITED AND COULD RESULT IN TERMINATION OF YOUR ACCOUNT. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ALL CONTENT THAT YOU DISPLAY, STORE, UPLOAD, DOWNLOAD OR BROADCAST THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES ANY PART OF YOUR ACCOUNT. HOSTINGDEPARTMENT RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.

Abuse Towards Our Staff or Network Staff
Will not be tolerated, If you use foul language, threaten us, or anything we may find offensive, we may suspend your account. We will treat you with respect & we expect the same.

Security
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is attacked, it will be de-activated and an immediate investigation will begin. In such an event, the customer is responsible for the cost to fix any damage done.

Violations of system or network security are prohibited, and may result in criminal and/or civil charge. HostingDepartment may investigate incidents involving such violations and may involve law enforcement. Violators of the policy are responsible, without limitations, for the cost of labour required to rectify any damage done to the operation of the network and business operations supported by the network and to respond to complaints incurred by HostingDepartment. HostingDepartment is concerned with the privacy of online communications and web sites but cannot take responsibility for the security of information transmitted over the HostingDepartment facilities.

The customers are responsible for protecting their own password. The customer will not use or permit anyone to use HostingDepartment services or service to hack passwords or to access other systems or networks without authorization. HostingDepartment will fully cooperate with law enforcement in the detection and prosecution of any such illegal activity.

The following are guidelines for the establishment and enforcement of the TOS

• Ensure reliable service to our customers.
• Ensure security and privacy of our systems and network, as well as the networks and systems of others.
• Comply with existing laws.
• Maintain our reputation as a responsible service provider.
• Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services.
• Preserve the value of Internet resources as a conduit for free expression and exchange of information.
• Preserve the privacy and security of individual users.

While we are committed to the principles of free speech, certain activities that may be damaging to the resources of both us and the Internet and cannot be permitted under the guise of free speech. The resources of us and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

Software Piracy Policy
The HostingDepartment network and related services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of current law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Making unauthorized copies of software is a violation of the law. In compliance with the Digital Millennium Copyright Act (the "DMCA"), please email notifications of claimed copyright infringements to support@hostingdepartment.net. HostingDepartment will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Network
Customers must use the HostingDepartment network responsibly. This includes respecting other HostingDepartment customers. HostingDepartment reserves the right to terminate service with any Customer who uses the HostingDepartment network in such a way that it unfavourably affects other HostingDepartment customers. Violations of this policy may be reported to the law if deemed appropriate. HostingDepartment will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Lawful Purpose
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or HostingDepartment's Terms and Conditions is strictly prohibited.

Child Pornography
HostingDepartment will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for their own content and the actions of their clients over the HostingDepartment network, and will be liable for illegal material displayed/sent etc. by their clients or themselves. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act will be reported to the correct authorities. Please email notifications of claimed infringements to support@hostingdepartment.net.

Etiquette
The customer is expected to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which HostingDepartment may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, tortuous, indecently depicts children or is likely to result in reprisal against HostingDepartment by offended users. HostingDepartment reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

Unsolicited Commercial E-mail
HostingDepartment will not tolerate the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Violations of this policy carry severe penalties, including termination of service. Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes both commercial advertisements and informational messages sent to recipients via email as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. E-mail is a person-to-person medium, not a broadcast medium. Customers of HostingDepartment are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the HostingDepartment network, it is advisable that Customers develop a similar, or stricter, policy for their clients. Violation of HostingDepartment's SPAM policy will result in severe penalties. If HostingDepartment are notified of an alleged violation of our SPAM policy, an investigation will be initiated. During the investigation, HostingDepartment may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, HostingDepartment may terminate the customer's account. Further, HostingDepartment reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. HostingDepartment will notify the law if the violation is believed to be a criminal offence. Violation of HostingDepartment's SPAM policy may be reported to support@hostingdepartment.net.

IP Address
HostingDepartment administers the network on which customer servers reside. The customer cannot use IP addresses that were not assigned to them by HostingDepartment staff. Any server found using IP's that were not officially assigned, will be suspended from network access until such time as the IP addresses overlap can be corrected.

Domain Name Registration
All domain names are registered on a first-come, first-served basis. Domain names often appear to be available up to 24 hours following registration. For this reason, HostingDepartment wishes to emphasize that Paying for domain names in no way guarantees that the domain names you have chosen are available and can be registered. You are therefore advised not to take any action in respect to a domain name until full registration has been completed and confirmed to you in writing. Domain renewal takes place automatically at the end of the current domain registration period. HostingDepartment disclaims any responsibility for reminders to customers or users for pending renewal. Domain cancellations must be received in writing at least 2 weeks in advance of the domain expiration date. Failure to provide written cancellation of your domain name(s) in sufficient time will result in the automatic renewal of your domain name(s) and the application of all associated charges. HostingDepartment can accept no responsibility for any losses incurred as a result of unwanted renewal of your domain names.

Internet Relay Chat (IRC)
HostingDepartment does NOT allows the use of IRC inside the HostingDepartment network.

Billing
The customer is responsible for paying for any network resources that are used to connect to the Internet. The customer may request that the customer's server/service be disconnected from the Internet, but the customer is still responsible for paying for any network resources used up to the point of suspension or cancellation.

Suspension
HostingDepartment reserves the right to suspend network access to any customer, if the HostingDepartment network administrators feel the customer's server/service is the source or target of the violation of any of the other Terms and Conditions or for any other reason which HostingDepartment decides. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not needed. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

Cancellation
HostingDepartment reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not needed. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation will be prorated and paid by HostingDepartment if HostingDepartment institutes its right of cancellation. Any violation of policies, which results in extra costs, will be billed to the customer. Customers may cancel at any time by sending a 1 month written notice, address details can be found here. A cancellation fee equivalent to 1 month hosting fees is applicable and must be paid immediately upon cancellation. The customer's hosting plan will remain active for a 1 month period from receipt of the written notice of cancellation. Any fees which are paid after your service is cancelled or de-activated is considered owned by HostingDepartment. We accept no responsibility for cancelling payments, this includes monthly, yearly payments & also standing orders (STO), the client accepts full responsibility of cancelling any payments which are still active.

Indemnification
HostingDepartment wishes to emphasize that in signing the Services Agreement or its equivalent, you the customer indemnifies HostingDepartment for any violation of the Services Agreement or its equivalent, law or Terms and Conditions that results in loss to HostingDepartment or the bringing of any claim against HostingDepartment by any third-party. This means that if HostingDepartment is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against HostingDepartment, plus all reasonable costs.

Backups
HostingDepartment completes backups weekly unless otherwise stated. Backups are deleted after the new one was is taken. Backups can be obtained anytime by opening a new support ticket. Our system backsup everything within the public_html & any MySQL data.

Website traffic (IIS) logs are stored locally on each shared web server for a maximum of 3 days only. All logs beyond the age of 3 days will be deleted and will not be retrievable. Logs are imported daily into the Statistical Server where they will be readily available for viewing. However, HostingDepartment will not be held liable for any loss of statistical data or financial loss thereof.

Open Source Products
HostingDepartment offers absolutely no warranty on any open source products running on our servers. Open source products are entirely the responsibility of the customer.

HostingDepartment accept no responsibility for any open source products functioning after updates to our servers and other entities which are related to open source products.

If a customer wishes to maintain an open source installation we advise that they join the open source forums and constantly check for updates on the internet. HostingDepartment do offer a maintenance solution for OsCommerce of which is chargeable at our standard development rate.

Disclaimer of Responsibility
HostingDepartment is under no duty to look at each customer's or user's activities to determine if a violation of the Terms and Conditions has occurred, nor does HostingDepartment assume any responsibility through our Terms and Conditions to monitor or police Internet-related activities. HostingDepartment disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy. All Sub-Networks, resellers, remote backup solutions, colocation and managed/unmanaged servers of HostingDepartment must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Termination.

HostingDepartment will not be held responsible for any damages suffer by your business. HostingDepartment makes no warranties of any kind, expressed or implied for services we provide. HostingDepartment disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by HostingDepartment and its employees. The services provided by HostingDepartment are provided AS-IS and without any warranty expressed or implied. HostingDepartment reserves the right to revise its policies at any time.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE TERMS AND CONDITIONS AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS AND CONDITIONS BY YOU.