WOCSOL Fair Use Policy
Introduction
This acceptable use policy sets out the terms between you and us under which you may use the hosting services we provide ("Hosting Services").
Your use of the Hosting Services means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms and conditions of sale.
You must not allow a third party to access or use the Hosting Services. If you have purchased one of our reseller hosting packages, you can allow a third party (a "Third Party") to access or use the Hosting Services. If you do so, they will also be regulated by this acceptable use policy. As such, you will monitor the use of the Hosting Services by a Third Party and you will procure that they abide by this acceptable use policy. A breach of this acceptable use policy by a Third Party will be deemed to be a breach of this acceptable use policy by you.
The Hosting Services are provided by Website Option Cyber Solutions as WOCSOL (?we?, ?us?, and ?our?).
1.1 The Hosting Services comprise the provision of web space on our servers to enable you to upload pages and files for the purpose of publishing websites.
1.2 The Hosting Services allow you 'unlimited' server space for normal routine "non-file-distribution" web usage. For websites that allow downloading of video, audio or other files we reserve the right to impose a bandwidth limit of twenty-five (25) gigabytes (26,843,545,600 bytes) per calendar month. Non-file-distribution usage will remain unaffected by any limit imposed on downloading of video, audio or other files.
2.1 You may use the Hosting Services only for lawful purposes. You may not use the Hosting Services:
2.1.1 in any way that breaches any applicable local, national or international law or regulation;
2.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
2.1.3 for the purpose of harming or attempting to harm minors in any way;
2.1.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see section 5);
2.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (also known as SPAM); or
2.1.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2.2 In your use of the Hosting Services (other than where you are using your own dedicated server), you may not:
2.2.1 use more than 5 % of our server's processing capacity. There are numerous activities that could cause such problems, including (but not limited to) CGI scripts and intensive FTP, PHP or HTTP operations;
2.2.2 run stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCd;
2.2.3 run any type of web spider or indexer; including (but not limited to) GoogleCash and AdSpy;
2.2.4 run any software that interfaces with an Internet Relay Chat network;
2.2.5 run any bit torrent application, tracker, or client. You may link to legal torrent files off-site, but may not host or store them on our servers;
2.2.6 participate in any file-sharing/peer-to-peer activities;
2.2.7 run any gaming servers; or
2.2.8 run cron entries or other scheduled tasks other than by configuring them through our control panel cpanel.ecowebhosting.co.uk
2.2.9 run single databases of more than 1GB in size (you can, however, have an unlimited number of such databases)
2.3 You must not use the Hosting Services as an offsite backup facility. Therefore, all files uploaded to our servers as part of your usage of the Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to operate the website of which they form part; We reserve the right to delete files or directories that are not web-visible without giving notice to you.
2.4 All pages of website stored on our servers as part of the Hosting Services will be available to search engines unless you take action to prevent this. If you wish to optimise your web pages for search engines you agree to use coding and techniques which comply fully with the guidelines issued by Google, MSN, Yahoo and other large search engines.
3.1 You agree:
3.1.1 not to re-sell or offer for the use of third parties any part of our Hosting Services, unless you have purchased the Hosting Services designated for resellers Reseller Package ;
3.1.2 not to access without authority, interfere with, damage or disrupt:
3.1.2.1 any part of the Hosting Services;
3.1.2.2 any equipment or network used to provide the Hosting Services;
3.1.2.3 any software used in the provision of the Hosting Services; or
3.1.2.4 any equipment or network or software owned or used by any third party.
4.1 Where you use, or allow the use of, the Hosting Services to host a website on which interactive services (for example, chat rooms or bulletin boards) are provided ("interactive services"), you must ensure the use of best practice to operate those interactive services.
4.2 Notwithstanding the use of best practice in operating the interactive services, you must assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service you allowed to be hosted using the Hosting Services and use appropriate moderation in the light of those risks. However, we are under no obligation to oversee or monitor your use of the Hosting Services in relation to any interactive services you provide or allow to be provided.
5.1 These content standards apply to any and all material that you allow to be hosted through the Hosting Services ("Material"), and to any interactive services associated with it.
5.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Material as well as to its whole.
5.3 Material must:
5.3.1 be accurate (where they state facts);
5.3.2 be genuinely held (where they state opinions); and
5.3.3 comply with applicable law in the UK and in any country from which they are posted.
5.4 Material must not:
5.4.1 contain any material which is defamatory of any person;
5.4.2 contain any material which is obscene, offensive, hateful or inflammatory;
5.4.3 contain any material that is pornographic;
5.4.4 promote violence;
5.4.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
5.4.6 infringe any copyright, database right or trade mark of any other person;
5.4.7 be likely to deceive any person;
5.4.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
5.4.9 promote any illegal activity;
5.4.10 be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
5.4.11 be likely to harass, upset, embarrass, alarm or annoy any other person;
5.4.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
5.4.13 give the impression that they emanate from us, if this is not the case; or
5.4.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
6.1 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Hosting Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.
6.2 Failure to comply with this acceptable use policy constitutes a material breach of the our terms and conditions of sale www.ecowebhosting.co.uk/tandc upon which you are permitted to use the Hosting Services, and may result in our taking all or any of the following actions:
6.2.1 immediate, temporary or permanent withdrawal of your right to use the Hosting Services;
6.2.2 immediate, temporary or permanent removal of any Material (as defined in paragraph 5.1) uploaded to our servers;
6.2.3 issue of a warning to you;
6.2.4 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;
6.2.5 further legal action against you; or
6.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
6.3 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.
7.1 We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.
Updated 2nd December 2022
1.1 The customer agreeing to these terms (?The Customer?), and Website Option Cyber Solutions as WOCSOL (?WOCSOL?), have entered into an agreement under which WOCSOL has agreed to provide hosting, data processing service, and related technical support to The Customer.
1.2 The GDPR makes written contracts between controllers and processors a general requirement. These terms are designed to ensure that processing carried out by a processor meets all the requirements of the GDPR, they reflect the agreement, in regard to the terms governing the processing and security of Customer Data, between WOCSOL and The Customer.
The following definitions will be used throughout this document.
Customer Data
means data provided by or on behalf of Customer or Customer End Users via the Services under the Account.
Customer Personal Data
means the personal data contained within the Customer Data. The terms ?personal data?, ?data subject?, ?processing?, ?controller?, ?processor? and ?supervisory authority? as used in these terms have the meanings given in the GDPR.
Data Incident
means a breach of WOCSOL security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Customer Data on systems managed by or otherwise controlled by WOCSOL. ?Data Incidents? do not include unsuccessful attempts to compromise the security of Customer Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks.
Notification Email Address
means the email address(es) designated by Customer in the Customer Control Panel, or in the Order Process to receive certain notifications from WOCSOL.
Support Ticket System
means the ticket system we use to offer technical support and communication available in your WOCSOL account support portal you will be notified via your Notification Email Address when an update is made.
Term
means the period from the Terms Effective Date until the end of WOCSOLs provision of the Services, including, if applicable, any period during which provision of the Services may be suspended and any post-termination period during which WOCSOL may continue providing the Services for transitional purposes.
These Terms will take effect on the Terms Effective Date and, even in the event of expiry of the Term, will remain in effect until, and automatically expire upon, deletion of all Customer Data by WOCSOL as described in these Terms.
The European Data Protection Legislation applies to the processing of Customer Personal Data and the parties acknowledge and agree that:
The Customer confirms that The Customer?s instructions and actions in regard to that Customer Personal Data, including its engagement of WOCSOL as another processor, have been authorised by the relevant controller under the General Data Protection Regulation.
By entering into these Terms, The Customer instructs WOCSOL to process Customer Personal Data in order to:
WOCSOL will comply with the instructions described under ?The Customer?s Instructions?.
WOCSOL will enable The Customer to delete Customer Data during the Term via instruction in writing, by phone or via the use of Customer Control Panel. Confirmation of deletion will be made in writing via support ticket. Infrastructure backups may remain on WOCSOL servers for up to 30 days after this request.
On expiry of the Term, The Customer instructs WOCSOL to delete all Customer Data (including existing copies) from WOCSOL systems. Infrastructure backups may remain on WOCSOL servers for up to 30 days after this request.
WOCSOL will implement and maintain technical and organizational measures to protect Customer Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure
WOCSOL will take appropriate steps to ensure compliance with the Security Measures by its employees, contractors and sub processors including ensuring that all persons authorised to process Customer Personal Data have committed themselves to confidentiality.
If WOCSOL becomes aware of a Data Incident, WOCSOL will:
Data Incident notifications will include details of the Data Incident including steps taken to mitigate the potential risks and steps WOCSOL recommends The Customer take to address the Data Incident.
Notifications of any data incident will be made via the Support Ticket System. Notification of a support ticket update will be sent to the Notification Email Address provided by the customer. It is the responsibility of the customer to ensure that this email address is kept current and up to date.
WOCSOL will not assess the contents of Customer Data in order to identify information subject to any specific legal requirements. The Customer is solely responsible for complying with incident notification laws applicable to The Customer and fulfilling any third party notification obligations related to any Data Incident.
Notification of or response to a Data Incident will not be construed as an acknowledgement of fault or liability.
WOCSOL will provide all information necessary to demonstrate compliance and allow for and contribute to audits, including inspections, requested by The Customer, carried out by the ICO https://ico.org.uk/
WOCSOL will inform The Customer immediately if it is asked to do something infringing the GDPR or other data protection law of the EU or a member state.
The Customer specifically authorises the engagement of WOCSOL third-party suppliers as Subprocessors. In addition, The Customer generally authorises the engagement of any other third parties as Subprocessors.
WOCSOL will provide notice via this policy of updates to the list of sub processors that are utilised or which WOCSOL proposes to utilise to deliver its Services. WOCSOL undertakes to keep this list updated regularly to enable The Customer to stay informed of the scope of subprocessing associated with the WOCSOL Services.
The Customer can object in writing to the processing of its Personal Data by a new subprocessor within thirty (30) days after updating of this policy and shall describe its legitimate reasons to object. If The Customer does not object during such time period the new subprocessor(s) shall be deemed accepted.
If The Customer objects to the use of a subprocessor pursuant to the process provided under the DPA, WOCSOL shall have the right to resolve the objection through one of the following options (to be selected at the sole discretion of WOCSOL):
The list of WOCSOL third party sub processors is maintained here.
In the case of any complaint regarding our handling of your data, our privacy policy or our adherence to it, please contact our data protection officer listed below. This individual will carry out a full investigation on your behalf in the event that you feel there is a problem.
Worldwide (English)
India (हिंदी)
Germany (German)
Czech Republic (Czech)
United Arab Emirates (Arabic)
Turkey (Türkçe)
