This acceptable use policy sets out the terms under which you the Client may use the hosting services provided by PrimarySite. 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.
- 1.1. 'Client' means the business, Limited Company, Sole Trader, Partnership or individual who enters into an agreement with PrimarySite for the provision of the Hosting Service.
- 1.2. 'Hosting Service' means the provision of web space on PrimarySite's servers to enable the Client to upload data and files onto their website using PrimarySite's Content Management System.
- 1.3. 'Material' means information uploaded or permitted to be uploaded by the Client onto PrimarySite's servers;
- 1.4. 'Policy' means the policy terms set out in this document;
- 1.5. 'PrimarySite' means PrimarySite Limited registered company no 5533790 whose registered office is at Tower House, Lucy Tower Street, Lincoln, LN1 1XW.;
2. Resource Usage
- 2.1. The Hosting Services allows the Client 'unlimited' server space for normal routine "non-file-distribution" web usage.
- 2.2. For websites that allow downloading of video, audio or other files PrimarySite reserves 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.
3. Prohibited Uses
- 3.1. The Client may use the Hosting Services only for lawful purposes.
- 3.2. The Client may not use the Hosting Services:
- 3.2.1. in any way that breaches any applicable local, national or international law or regulation;
- 3.2.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- 3.2.3. for the purpose of harming or attempting to harm minors in any way;
- 3.2.4. to send, knowingly receive, upload, download, use or re-use any Material which does not comply with PrimarySite's content standards as outlined in clause 5 of this Policy;
- 3.2.5. 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
- 3.2.6. 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.
4. Protection of Children
- 4.1. The Client must assess any possible risks for users of their website (and in particular, for children) as a result of the material published on their website.
- 4.2. PrimarySite publishes guidelines for protecting children's privacy by omitting certain information from material the Client publishes on their website. PrimarySite will not be held responsible if the Client fails to follow these guidelines.
- 4.3. The Client is fully responsible for assessing any possible risks for users of their website (and in particular, for children) from third parties when they use any interactive service (including but not limited to a guestbook or blogging facility) and the Client is responsible for using appropriate moderation in the light of those risks. However, PrimarySite are under no obligation to oversee or monitor the Client's use of these services.
5. Content Standards
- 5.1. The following content standards apply to any and all Material that the Client allows to be hosted through the Hosting Services. The Client 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.
- 5.2. Material must:
- 5.2.1. be accurate (where they state facts);
- 5.2.2. be genuinely held (where they state opinions); and
- 5.2.3. comply with applicable law in the UK and in any country from which they are posted.
- 5.3. Material must not:
- 5.3.1. contain any material which is defamatory of any person;
- 5.3.2. contain any material which is obscene, offensive, hateful or inflammatory;
- 5.3.3. contain any material that is pornographic;
- 5.3.4. promote violence;
- 5.3.5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- 5.3.6. infringe any copyright, database right or trade mark of any other person;
- 5.3.7. be likely to deceive any person;
- 5.3.8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- 5.3.9. promote any illegal activity;
- 5.3.10. be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
- 5.3.11. be likely to harass, upset, embarrass, alarm or annoy any other person;
- 5.3.12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- 5.3.13. give the impression that they emanate from PrimarySite if this is not the case; or
- 5.3.14. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
6. Suspension and Termination
- 6.1. PrimarySite reserves the right determine, in their absolute discretion, whether there has been a breach of this Policy through the Client's use of the Hosting Services.
- 6.2. In the event of a breach of this Policy PrimarySite reserves the right to take such action as is deemed appropriate in their absolute discretion.
- 6.3. Failure to comply with this Policy constitutes a material breach of the PrimarySite's terms and conditions of sale upon which the Client is permitted to use the Hosting Services, and may result in PrimarySite taking all or any of the following actions:
- 6.3.1. immediate, temporary or permanent withdrawal of the Client's right to use the Hosting Services;
- 6.3.2. immediate, temporary or permanent removal of any Material uploaded to PrimarySite's servers;
- 6.3.3. issue of a warning to the Client;
- 6.3.4. issue of legal proceedings against the Client for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- 6.3.5. further legal action against the Client; or
- 6.3.6. disclosure of such information to law enforcement authorities as PrimarySite reasonably feels is necessary.
- 6.4 PrimarySite excludes liability for actions taken in response to breaches of this Policy. The responses described in this Policy are not limited, and PrimarySite may take any other action reasonably deemed appropriate.
- PrimarySite reserves the right to revise the terms of this Policy at any time. It is the Client's responsibility to check where this Policy is exhibited on PrimarySite's website to take notice of any such changes and further it is the Client's responsibility to abide by any changes to the Policy.