Fair Use Policy

This Acceptable Use Policy (the “Agreement”) sets forth the terms and conditions of Your Use of hosting and related services (“Services”). In this Agreement “You” and “Your” refer to You, as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. “We”, “us” and “our” refer to Butternut Web, as well as its subsidiaries and sister companies (“Butternut Hosting”). This Agreement explains Our obligations to You, and explains Your obligations to Us for various services offered by Butternut Web. When You Use Your account or permit someone else to Use it to purchase or otherwise acquire access to additional Butternut Web’s service(s) or products or to cancel Your Butternut Web service(s) (even if We were not notified of such authorization), this Agreement covers such service or actions. Butternut Web’s Terms of Service agreement (“TOS”) is incorporated herein by reference and is applicable to all Services under this Accepted Use Policy.

User Obligations

represent and warrant to Butternut Web that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your account content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by Butternut Web shall not be used in connection with any illegal activity.
You expressly (i) grant to Butternut Web a license to cache the entirety of the content that is submitted, stored, distributed or disseminated by you via the Services and your website, including content supplied by third parties, hosted by Butternut Web under this agreement; and (ii) agree that such caching is not an infringement on any of your intellectual property rights or any third party’s intellectual property rights.

Network Interruptions / Downtime

Butternut Web will use its best efforts to maintain a full time Internet presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Butternut Web be liable to You for any damages resulting from or related to any failure or delay of Butternut Web in providing access to the Internet under this Agreement. In no event shall Butternut Web be liable to You for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Butternut web under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder within a given month and would be first subject to those terms outlined within our ‘Service Level Agreement’. The terms of this Section will survive the termination of this Agreement.

Accounts

This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Your principal account. You are responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Butternut Web account may not be transferred without prior written approval from Butternut Web.

IP Addresses

Butternut web assigns to You an Internet Protocol (“IP”) address in connection with Your use of the Butternut Web services. The right to use that IP address will remain with and belong only to Butternut Web, and You will have no right to use that IP address except as allowed by Butternut Web in its sole and absolute discretion.

SSH Access

You may enable SSH access in Your account, or by contacting our Support team. Upon completion of said terms You will be granted Jail / Caged access to the system on a provisionary basis any misuse of the system will result in access being revoked. The use of php or any other means to circumvent this policy will result in immediate account termination.

Prohibited Activities

By using any Services, provided by Butternut Web You agree:

not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
not to make, attempt or allow any unauthorized access to Butternut Web website, servers, your own hosting account or the account of any other customers of Butternut web.
not to allow any remote code execution of malicious software through the hosting account provided by Butternut Web.
not to cause denial of service attacks, port scans or other endangering and invasive procedures against Butternut web servers and facilities or the servers and facilities of other network hosts or Internet users.
not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
not to use Butternut Web services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
not to upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
not to engage in or to instigate actions that cause harm to Butternut Web or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. Butternut web reserves the right to refuse service to anyone upon Our discretion. Any material that in Butternut Web judgment, is either obscene or threatening is strictly prohibited and will be removed from Butternut Web servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Butternut Web will take corrective action upon our own discretion and will notify You. Butternut Web decision in such case is binding and final, and cannot be a subject of a further change. Butternut Web cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Butternut Web or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 7 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. Butternut Web will not be liable for any loss or damages in such cases.
At its discretion, Butternut Web can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.

Email and Anti-SPAM Policy

You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to Butternut Web. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. Butternut Web prohibits the following activities listed without limitation hereunder:

Usage of the Butternut Web network and systems to receive replies to unsolicited mass e-mail messages.
Forgery of e-mail headers (i.e.”spoofing”).
Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
Hosting web pages advertised via “spam e-mail” sent from another network (“spamvertising”).
Hosting any web pages or providing any services that support spam.
Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.

If we determine that you have deliberately or recklessly used our hosting services for the sending of SPAM e-mail messages, we reserve the right to assess a £500 charge upon your account, which shall serve to compensate us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity, we may assess the fee entirely at our discretion. The fee will be charged to your account, in accordance with the payment information submitted by you as part of your acquisition of our services. You further agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity we may share information regarding your activities, including but not limited to your identity, with the various anti-SPAM organizations and/or blacklists.

We take all SPAM issues extremely seriously and will take redress such activity whenever we deem necessary.

Resource Limitations

The shared hosting services offered by Butternut Web comprise the provision of web space on our servers, enabling you to upload website pages and files for the purpose of website publishing.

The shared hosting services offered by Butternut Web may be offered on an ‘unlimited’ basis in terms of server storage, or bandwidth for normal routine ‘non-file-distribution’ web usage. For websites that allow the downloading of video or audio files we reserve the right to impose a limit of ten (10) GB total per account.

In your use of the Shared Hosting Services (other than where you are using your own virtual private server), you may not:
a. use more than 10% of our platform’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
b. run stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCd
c. run any type of web spider or indexer
d. run any software that interfaces with an Internet Relay Chat network
e. 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
f. participate in any file-sharing/peer-to-peer activities
g. run any gaming servers or gaming related facilities
h. run entries or other scheduled tasks other than by configuring them through our control panel
i. give away web space under a domain (including Resellers giving away free websites)
j. operate a proxy website or service
k. as a remote file host for other websites
l. operate self-hosted file sync or similar “cloud storage” based services including (but not limited to) OwnCloud, Pydio and Sparkleshare.

You must not use the Hosting Services as a 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 fall within any of these terms without giving notice to you.

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, Bing, Yahoo and other large search engines.

MySQL Databases may be limited to 1024 megabytes in size at our discretion. Databases in excess of this size may, only via prior consent be ran under our supervision.

For Hosting Accounts

Your use of the server resources shall not endanger the capacity and operation of the shared server.

Any shared or reseller hosting service / account may use no more than the resources outlined against its package.

Accounts that are deemed to exceed those resource limits (by examination of LVE faults or at the discretion of Butternut Web) will be suspended pending further investigation.

Where we deem necessary and within our discretion, we reserve the right to account removal, without guarantee of backup availability to ensure the stability of the service to others on the same shared server/environment.

We may provide a ‘burstable’ allowance ahead of the resources available to the chosen package, which is provided solely at our discretion. We may on occassion burst the resources of a particular account to maintain stability of the service / server your account is hosted on.

If we see excessive faults / usage against a particular account, we reserve the right to maintain suspension / removal on a permanent basis.

In all cases of overusage, we will try to provide an alternative solution, which in most cases me incur an alternative charge or service, either by ourselves or a 3rd party recommendation.

Disk Usage Provision

The content on your website must be linked from an HTML or similarly coded web page with all content freely available to the public. Your website must consist of web pages of a standard design, essentially HTML based text and graphics. Your hosting account should consist mostly of html and php files.

Downloadable files, media, databases must comply with the following limitations:

A maximum of 5GB of a shared hosting account can be allocated to music, video or other multimedia files including but not limited to .aac, .avi, .mp3, .mp4, .mpeg, .jpg, .png, .gif files;
A maximum of 5GB of a shared hosting account can be allocated to any archive and disk image files containing the complete contents and structure of a data storage medium;
A maximum of 1GB of a shared hosting account can be allocated to databases and database dumps including but not limited to .sql files;
A maximum of 1GB of a shared hosting account can be allocated to Executable files and all other files which are the result of compiling a program.

Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability.

Under its sole discretion, Butternut Web reserves the right to determine any kind of unfair or inappropriate usage of any content which may result in immediate account suspension or upgrade to a package with higher resource availability. The decision to upgrade shall rest solely with Butternut Web and shall be made in its reasonable discretion.

Butternut Web reserve the right to remove the following extensions without prior warning, and at its sole discretion – mp3, mp4, tar.gz, zip, .wpress, .jpa, .exe, wav

Backup Limitations

Any shared hosting account that uses more than 10GB of disk space or contains more than 200,000 inodes may be removed from our weekly or daily backups. Any user whose hosting account is using more than 10GB of disk space or contains more than 200,000 inodes is solely responsible for maintaining the copy of his/her account.

Softaculous backups will be removed from the server and no copy will exist.

Plugins used for backups may not store local backups within the account quota and may only be stored ‘offsite’ with an arranged cloud storage provider, such as Google Drive or S3. Any backups left on the system, or excessive backups retained may lead to account suspension or removal.

The following extensions / files will be excluded from our backups…

*.swf
*.flv
*.exe
*.xen
*.iso
*.7z
*.tar
*.jpa
*.wpress
*.tar.gz
*.zip
*.mp4
*.mp3
*.wav
backup-*.tar.gz
cpmove-*.tar.gz
site-*.tar.gz
.MirrorSearch
*/com_akeeba/backup/*
*/backupbuddy_backups/*
*/.wysiwygPro_*
*/core.[0-9]*
public_html/cache/*
tmp/*
logs/*
.cagefs
.cagefs*
.cpan
.cpanel/caches
.cpanel/datastore
.cpcpan
.sqmailattach
.cpanel/*.sock
access-logs/*
*/error_log
public_ftp/*
softaculous_backups/*
*/wp-content/uploads/wpcf7_captcha/*
*/wp-content/widget-cache/*
*/wp-content/cache/*
*/wptsc-cachedir/*
mail/*/*/.Trash/*
mail/*/*/.Drafts/*
mail/.Drafts/*
mail/.Trash/*

The above extensions may on occasions also be removed from account storage automatically, to ensure stability / free storage capacity on any shared server /service.

Automatic backups are only available where stated within the marketing collateral for that particular product. Unless otherwise stated, we will not retain backups (for example, VPS servers / dedicated servers).

Our standard shared backup schedule is as follows…

7 Daily Backups
4 Weekly Backups

Backups are stored off-site, and are managed from within the hosting account.

Whilst we will maintain every effort to ensure backups are complete and available, Butternut Web cannot be held responsible where backup data s missing or corrupt.

When an account is terminated / removed either by us or the reseller (either through purpose, or human error), we may hold backups of the removed account for a maximum 48 hours. The standard retention policy does not apply post-removal.

Email Services

You should use email and other related services in full compliance with the terms below:

In order to safeguard overall server performance, You may send and/or forward not more than the following number of emails, per hour per domain:

Infinity Cloud – 70
Infinity Cloud – Resource Boost – 150
Infinity Plus – 150

Our Elastic Cloud products may offer varying / increased sending limits.

For Shared Hosting accounts, email storage shall not exceed the 10GB limit.

For IMAP/POP3 mailboxes, You may perform up to 100 email checks per hour.

For POP3, You may perform up to 10 concurrent connections to email system per IP address on Shared and Reseller servers, and up to 20 concurrent connections to email system per IP address on Business and Email servers.

For IMAP, You may perform up to 30 concurrent connections to email system per IP address on Shared, Reseller, Business and Email servers.

Butternut Web may, at its sole discretion, limit the volume of email messages You can deliver through our services. Butternut Web may limit email volume by queuing Your email messages internally, or by temporarily rejecting requests to send email through our services. Butternut Web may block any message You attempt to submit using our services, for any reason whatsoever, with or without notifying You of such blocking. Under no circumstances will Butternut Web be liable to You or any other party for any indirect, special, economic or consequential damages (including without limitation lost profits) arising out of email blocking or queuing.

Upgrade to VPS / Elastic Cloud

Each hosting account can be upgraded to a VPS (Virtual Private Server) or the Elastic Cloud. The upgrade is performed by Butternut Web after You have paid the first month fee. The fee depends on the VPS type chosen by You and is non- refundable. Prorate amount for unused time of the shared hosting account will not be refunded, it will be added to Your account balance in the event of upgrade to VPS. Once the account is transferred to the VPS the Virtual hosting account is terminated and the new VPS account use is governed by the following terms.

Certain situations may deem an upgrade to a VPS, in order to move an account, or service away from services or servers shared by others, such as excessive resource consumption.

IPv4 Usage Policy

Due to the exhaustion of the IPv4 address space we actively conserve IP address space by limiting the IP addresses each web hosting account can use.

Shared hosting accounts may each use only 1 IP address.

The IP address limit is a per account, not a per customer basis. Customers may hold multiple accounts to get access to additional IP addresses. We strongly urge customers to only use IP addresses for essential use and we do require justification for usage.

The provision of additional IP addresses will be chargeable.

Storage and Security

At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Butternut Web servers; and (iv) ensure the confidentiality of Your password. Butternut Web services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. We reserve the right to delete Your archives if they affect Our overall server performance and Butternut Web shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by Butternut Web are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Butternut Web shall have no liability to You or any other person for Your use of Butternut Web products and/or services in violation of these terms.

Transfer of Content

Butternut Web provides some third-party software to You for easier account management including, but is not limited to cPanel, Softaculous, etc. Such software is provided on an as is as available basis. We do not guarantee that any specific results can be obtained by using such software. Butternut Web does not take responsibility for any faults in such software functioning.

You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by Butternut Web. Your use of any third party software is at Your own risk. Butternut Web cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Butternut Web will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products.

You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup unless otherwise agreed in writing.

Third Party Software

Butternut Web provides some third-party software to You for easier account management including, but is not limited to cPanel, Softaculous, etc. Such software is provided on an as is as available basis. We do not guarantee that any specific results can be obtained by using such software. Butternut Web does not take responsibility for any faults in such software functioning.

You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by Butternut Web. Your use of any third party software is at Your own risk. Butternut Web cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Butternut Web will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products.

You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.

Reservation of Rights

Butternut Web explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by Butternut Web; (ii) establish limits and guidelines concerning the use of Butternut Web services and/or products; (iii) terminate Your use of Butternut Web services and/or products for use of Butternut Web services and/or products to unnecessarily or illegally harass Butternut Web or third parties, non-payment of fees for Butternut Web services and/or products, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behaviour by others, such as hate crimes, terrorism and child pornography, activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Butternut Web, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Butternut Web determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of Butternut Web services and/or products if Your use of Butternut Web services and/or products may results in, results in, or is the subject of, legal action or threatened or proposed legal action, against Butternut Web or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and (v) terminate Your use of Butternut Web services and/or products at any time and for any reason if deemed reasonably necessary by Butternut Web. Butternut Web has no obligation to monitor Your use of Butternut Web services and/or products, but reserves the right in its sole discretion to do so.

Right of Refusal. Butternut Web has the right to refuse services to anyone at Our discretion.

Limitation of Liability; Waiver and Release

The services offered by Butternut Web are being provided on an “AS IS” and Butternut Web expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, and non-infringement, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Butternut Web expressly does not warrant that Butternut Web services and/or products will meet Your requirements, function as intended, or that the use of the provided Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from Butternut Web shall create any warranty not expressly made herein. You agree that Butternut Web will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of Butternut Web; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.

Information obtained by you from the internet may be inaccurate, offensive or in some cases illegal. Butternut Web has no control over information contained on the Internet and accepts no responsibility for any information that you may receive or transmit via the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you disseminate or display in connection with your use of the Services of obtain from the Internet. You agree that Butternut Web has no obligation to back-up any data related to your website.

Legal Age

You attest that you are of legal age (18 or over) to enter into this Agreement.