Terms of Service

Small Packages provides web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.

Content

All services provided by Small Packages may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City, or any International laws is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Small Packages from any claims resulting from the use of the service which damages the subscriber or any other party. Pornography and sex-related merchandising is prohibited on all Small Packages servers. This includes sites that links to such content.

If you are unsure whether or not your site falls into this category feel free to contact us with a description before signing up for an account or publish material as an existing customer.

Small Packages will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Small Packages servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links

• Pirated software
• Pornography and sex-related merchandising
• Violations of Copyrights
• Hacker programs or archives
• Warez sites
• Hate propaganda

Small Packages will be the sole arbiter as to what constitutes a violation of this provision.

MP3 and other music files

We do not allow the storage or distribution of MP3 files containing copyrighted music. You may distribute MP3 files of music you have created.

Unsolicited Commercial E-mail (SPAM)

Spamming, or the sending of unsolicited email, from a Small Packages server or using an email address or domain that is maintained on an Small Packages machine as reference is STRICTLY prohibited. As deligated by our upstream providers, any sites using spam or selling of spam related software or bulk email content will be closed.

Small Packages will be the sole arbiter as to what constitutes a violation of this provision.

Spamming will get your account terminated.

All accounts

We have found most our customers stay within “reasonable limits”. However, to maintain the integrity of our service, we must state the following restrictions, applicable on all accounts

You may not have

• Multiple hosts resolving at an IP or domain name that we provide without our prior permission.
• Sites with cgi's running from their domain used on other domains.
• Sites using more than 20% of system resources on any one server.

Small Packages will be the sole arbiter as to what constitutes a violation of this provision.

Chat Rooms

We do not allow clients to install their own cgi or php chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option. However, a chat room is provided with the Cpanel interface which you may use.

Billing

Recurring Billing

We DO NOT send out invoices. All credit cards are billed automatically annually (or quarterly if you take this option with Plan 4). It is the clients responsibility to ensure that they have sufficient credit to cover this transaction. In the event that a card is declined for any reason we will suspend the web site and send an e-mail with instructions for submitting a new credit card. If a new credit card is not submitted within 72 hours the web site will be deleted without further warning.

30 Day Money Back Guarantee/Refunds

Should you become unsatisfied with our services within the first 30 days of your account activation, Small Packages will refund your hosting fee.

Cancellation Refunds

We DO NOT refund partial annual/quarterly fees to accounts canceling after their 30 day initial account activation period.

Account Cancellations

To cancel an account please send your domain name, username and password to us using the form on the Contact Us page.

Accounts will be closed the same day, we do not schedule closures for the end of the current months hosting. Accounts are only be considered cancelled once we have confirmed by e-mail that we have cancelled it for you. If you have not received confirmation from us it means your account is still open and you will be billed for all services provided until we have given such confirmation.

Small Packages will not be held liable for the non arrival of your request to cancel an account. It is your responsibility to ensure that you have received confirmation of the account closure from us.

Background Running Programs

CRON JOBs

We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC

We do not allow IRC or IRC bots to be operated on our servers.

Telnet

Small Packages provides SSH (secure telnet) access on some accounts. SSH access is provided for the purpose of testing scripts and carrying out site maintenace. It is not provided for any other purpose and there is no warranty of any kind should SSH fail to function for off server connections or activities.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of Small Packages is strictly prohibited. Offenders will be prosecuted to the fullest extent of the law.

Limits of support

Small Packages provides support with server side problems only. These include, non functioning of facilities provided with your hosting account and any faults which exist on the server your site is hosted on.

Customers are responsible for designing and maintaining their own web sites. We do not provide advice or support for any programming issues like cgi, php or asp.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Sub-domains

Small Packages reserves the right to transfer any sub-domain in domains of its possession to an alternative domain.

Limitation of liability

Your use of Small Packages's services are at your sole risk. All Small Packages services are provided on an “AS IS” basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS,IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING,WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.

Small Packages makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the Small Packages service.

IN NO EVENT WILL Small Packages BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE Small Packages's SERVICES OR ANY CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.

The formation, construction and interpretation of this agreement shall be controlled by the laws of England. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement.

Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the courts in Sheffield, UK, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.

Small Packages reserves the right to change or amend these Terms of Service at any time without prior notice. By submitting your order to Small Packages, you signify your agreement to these Terms of Service.

If you do not agree to these Terms, then please don't submit an order!

Violations of these Acceptable Uses Policies and Terms of Service should be referred to us using the form on the Contact Us page. All complaints will be investigated promptly. Serious violations of terms or conditions can be grounds for immediate account deactivation without refund.