Terms and Conditions

In General
Telkom wishes to provide our customers with a positive web hosting experience. To accomplish this, all customers must follow the same rules and guidelines.
By accepting web hosting services from Telkom, you acknowledge your acceptance to be bound by these terms and conditions. If you do not agree to these terms and conditions, please follow the steps described in Cancellation of Service below.

Web Site Content
Telkom is not obliged to monitor the network for the purpose of examining customer's content. You hereby acknowledge that if we are made aware of content that is determined to be, in Telkom Communication's sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, Telkom has the right, but not the obligation, to edit, remove or deny access to such content. Telkom may disclose any content or records concerning customer's account as required to satisfy any legal requirement, regulation, government request or court order.
Pornography and sex-related merchandising are not prohibited Telkom servers but all content must be legal under UK law. Sites that promote illegal activity of any type or content that may be damaging to Telkom servers or any other servers on the Internet may be shut down without reproach. Links to such materials are also prohibited. In addition, the sale of or promoting bulk email services are not allowed. Non-acceptable content or links include but are not necessarily be limited to:

Adult Content Sites - Any illegal erotic or pornographic material, links to such sites or advertisements for illegal adult sites.
Pirated Software Sites (Warez) - Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).
Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.
Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet sites or providers.

System Security
Customers may not use the Telkom networks or those of partners or associated providers to attempt in any way to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing any data not intended for the customer, logging into any server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Telkom will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with the authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Use of CGI Scripts
Telkom accounts come equipped with a pre-configured CGI-Bin. Customers are free to use any CGI-scripts provided with their account or add any additional ones they require. If any CGI-scripts are deemed to be adversely affecting the server performance or the network integrity, they may be shut down without prior notice. CGI-script sharing with domains not hosted by Telkom is not allowed.

Internet Relay Chat
Telkom currently prohibits its customers from operating IRC or IRC Bots on any of our web site hosting servers.

Reselling from standard accounts.
Customers using our standard accounts are not permitted to resell web space or hosting services from said account. This includes the reselling of sub-domains and email addresses.

Excessive Resource Usage
Any web site that uses an excessively high amount of server resources including but not limited to CPU time, memory, and network bandwidth will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.

Programs Running in Background
Background programs are prohibited unless prior approval is received from Telkom. Telkom will consider requests on a one for one basis. Approved, extra charges will be assessed based on resource requirements or system maintenance.

Spamming Not Permitted
You must not use any Telkom equipment or any Telkom email address or those of Telkom Partners or Providers in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This shall include the sending of unsolicited mass mailings from any other service that in any way implicates the use of the Telkom, Telkom equipment or any Telkom email address. A message is considered to be unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. Simply making one's email address accessible to the public will not constitute a request or invitation to receive messages, for purposes of enforcing this provision.
When any customer is found to have been engaged in spamming in violation of this agreement, Telkom reserves the right to disable that customer's web site without warning. Telkom solely reserves the right to refuse or cancel service to spammers. Telkom reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Obscenity
Violation of indecency and/or obscenity laws is not permitted on Telkom networks or those of partners or associated providers and can result in criminal penalties.

Copyrights and Infringement
Material available to you when using Telkom services may be subject to protection under the United Kingdoms ' or other copyright laws, or laws protecting trademarks, trade secrets and/or proprietary information. Except when expressly permitted by the owner of such copyrights, you must not use the Telkom Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, that you access or receive through the Telkom Network. If you use a domain name in connection with the Telkom Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Refusal of Service
Telkom reserves the right at its sole discretion to refuse or cancel service. Violation of any of Telkom Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.

Your Privacy
We respect your privacy. All customer information stored electronically is done so in accordance with the data protection act. We will never pass on your information to third parties unless we are required to do so by law.

Receiving Support
If you cannot see your domain or you think there is a serious problem, your first stop should be the announcements area. Announcements will be posted for problems that may be affecting all customers or those on a particular server.
If you have a technical issue and need support, you should always visit this knowledge base first, before submitting a ticket or calling us for help. We have an ever growing number of help documents and tutorials which will answer most of your questions.

Contacting Support
If you can't find the information you need in the knowledge base please create a support ticket. We will endeavour to reply to all support tickets within 24 hours. Please include as much information as you can regarding your problem. For example, supplying an exact error message will help us to identify your issue and respond quickly.
Please do not assume, because you are experiencing a problem, that there is a technical issue on the server. There can be many reasons why a domain does not display or you cannot receive / send email. Please be polite to our staff. Any rude or inappropriate behaviour will not be tolerated.

Telephone Support
Telephone support should be used for emergency problems only. We are a small company and currently only have one support line available.

Availability
Support is available during normal business hours. We cannot guarantee a response to existing or new enquiries out of these operating hours.

Cancellation of Service, service duration and refunds

To cancel services, you can telephone us or email support from an email address furnished by you when ordering your site. Include your domain name (s) email address, and password for the web site you want to cancel.
When you pay for a hosting package, you are paying for the service, it is a yearly subscription and cannot be refunded in parts. The service will last 12 months unless it is either discontinued or you no longer require it in which case there will be a £60 disconnection fee or the full amount of the remaining months which ever is the less. If a product or service is discontinued, an alternative option will be offered. If a product or service is discontinued, or you cancel your hosting, refunds cannot be given in whole or in part.

Telkom to be Held Harmless
Customer agrees that it will protect, indemnify, save and hold Telkom harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable legal fees assessed against Telkom, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold Telkom harmless against liabilities arising out of;

1. any injury to person or property caused by any products sold or distributed in association with Telkom Services;
2. any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party;
3. copyright violation and any defective products sold to a customer from Telkom.

Disclaimer
Telkom will not be responsible for any damages your business may suffer. Telkom makes no warranties of any kind, expressed or implied for services we provide. Telkom disclaims any warranty or merchantability or fitness for a particular purpose. This includes data loss resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions of any kind caused by Telkom and its employees. Telkom reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.
Telkom wishes to emphasize that in accepting services, customers indemnify Telkom for the violation of any law or Telkom policy, that results in loss to Telkom or the bringing of any claim against Telkom. This means that if Telkom is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Telkom, plus costs and reasonable legal fees.
Should any portion of this Terms of Use Agreement be found to be in violation of any law in any locality, then this agreement shall be deemed to be modified only to the extent necessary to be considered legal and enforceable in such locality only.

I have read and accepted the terms and conditions of Telkom and agree to abide by them.

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