Hosting Terms

As part of our sign up process you will be asked to agree to our terms and conditions, please find below a copy of these. We offer the terms below as a guide they may vary from the terms within the signup procedure. Please make sure you read through the terms in the sign up procedure before committing yourself to our hosting plans. All hosting is subject to a 14 day money back guarantee.

Please also note we reserve the right to change and amend our terms without notice.

Acceptable Use Policy : It is a requirement of the Pinbrook Terms and Conditions that all users of its network or services accept and adhere to the company's Acceptable Use Policy for Internet Access. Pinbrook may change this policy to include changes in the law or in the acceptable practice of internet use and reserves the right to make such changes without notice and whenever required. The current version of the Pinbrook Acceptable Use Policy will be published on the web at http://www.pinbrook.net and all users are responsible for ensuring that they have read and understand the current policy.

Compliance with this Acceptable Use Policy is a contractual requirement, by using our services you will be accepting our Terms and Conditions and Acceptable Use Policy. If you fail to observe the terms of this policy your account or service may be liable to termination or suspension.

Pinbrook's relationship with its clients, its partners and other network providers depends on responsible conduct from all users. The company will not hesitate to protect itself and other clients and networks should any form of abuse be found to be occurring.

Terms of Service Pinbrook's general policy is to act as the provider of Internet hosting. Pinbrook has specific ethical concerns regarding the use of its computers detailed below. Pinbrook reserves the right to suspend or cancel a customer's access to any or all services provided by Pinbrook if we decide that the account has been inappropriately used.

Specific Acceptable Use Policies

Server Abuse Any attempt to undermine or cause harm to a server, service, or customer of Pinbrook is strictly prohibited. It is a violation for anyone who, employs posts or programs which consume excessive CPU time or storage space. It is a violation for anyone who permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI or other scripts installed on our servers.

Any unauthorised use of an account or computer by an Pinbrook customer, whether or not the attacked account or computer belongs to Pinbrook, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal action, depending on the seriousness of the attack.

Commercial Advertisements with Email Unsolicited commercial advertisements are not allowed in email, and will likely result in account suspension or cancellation, regardless of the type of account.

Commercial advertisements are unwelcome in most Usenet discussion groups and on most email mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing lists' charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.

Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on the topic. Email is a person-to-person medium, not a broadcast medium.

Payment Policies All accounts are set up on a pre-pay basis and are non-refundable unless otherwise stated. All pricing is guaranteed for the term of pre-payment. Pinbrook reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) from annual renewal is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Pinbrook in writing for a request for termination of services.

Cancellation Pinbrook reserves the right to cancel services at any time. All fees paid in advance of cancellation will be pro-rated and paid back by Pinbrook from the time Pinbrook institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space, etc.)

All of Pinbrook's web hosting plans are backed by a 14-day money back guarantee. If you are not completely satisfied with our services or support within the first 14 days of our contract, you will be given a full refund of the contract amount, minus over usage fees, domain registration fees, or SSL certificate registration fees where applicable. Refund payment will by made within 30 days of receipt of cancellation request. After the initial 14 days there will be no refund, the plan will run for 12 months.

Account Usage Your account is for your exclusive and individual use only; multiple concurrent logins of the same account are not allowed. Beyond the fact that allowing others to use your account is prohibited, consider that you become responsible for the charges incurred by someone else that you have allowed to use your account. For this reason you should protect your account and password as you would any other personal resource such as your telephone or credit card number.

Lawful Purpose Pinbrook reserves the right to refuse the services to anyone. Customers may only use Pinbrook services for lawful purposes. Transmission of any material in violation of any law or local regulation is prohibited. This includes, but is not limited to; copyrighted material, material legally judged to by threatening or obscene, and material protected by trade secrets. Pinbrook expressly forbids anyone from using Pinbrook servers for the propagation, distribution, housing, processing, storing, or other handling in any way material which we deem to by objectionable, including, but not limited to; warez, pornography, satanic materials, or web sites promoting bigotry, hate, discrimination, or like subjects. The designation of any materials as such described is entirely left to the discretion of Pinbrook management.

Bandwidth Pinbrook measures bandwidth in gigabytes (Gb) based on downloads and uploads of all content types from your site (http, ftp and mail). The Unlimited Plan does not restrict bandwidth. However Pinbrook reserves the right to give notice on a website if it consumes excessive CPU time or impeeds other websites on the network. Pinbrook is the sole arbitrator of what constitutes over usage.

Indemnification Customer agrees that it shall defend, indemnify, save and hold Pinbrook harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Pinbrook, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to by performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Pinbrook against liabilities arising out of (1) and injury to person or properties caused by and products sold or otherwise distributed in connection with Pinbrook's services or property; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; (4) defective products sold to customers from Pinbrook's servers or (5) loss of Customer business as a result of any service provided by Pinbrook.

Assignment Any aspect of our services or any sales agreement may be assigned by us to any person, firm, company, or 3rd party. Assignment by the customer is also possible but is subject to confirmation in writing from Pinbrook and also that the existing customer agrees to act as guarantor of the new customer up to the end of any existing agreement term.

Service Level Agreement Pinbrook will offer compensation for loss of service where the fault lies with the server. Our guarantee does not extend to failures of network/equipment/circuits not operated by our data centre nor failures of circuits external to the data centre premises.

Compensation will be calculated in relation to the downtime of the server and will be paid as a credit in time added to your current hosting period.

For example if your website is down for less than 2 hours in any billing month, no compensation is payable. If your site is down for between 2 hours and 24 hours we will add 5 days of hosting to your existing plan. For 24-48 hours we will add 10 days, For 48-96 hours we will add 15 days, for anything over 96 hours in your billing month, we will add one billing month. Our compensation can only be calculated based on server downtime. We can not entertain any claims for loss of profit.

Disclaimer Pinbrook will not be responsible for any damages your business may suffer. Pinbrook makes no warranties of any kind, expressed or implied for services we provide. Pinbrook 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 Pinbrook and its employees. Pinbrook reserves the right to revise its policies at any time.

Failure to follow any term or conditions will be grounds for immediate account deactivation.