Terms of Service & Acceptable Usage Policy

This document has been issued by Soma Marketing Limited. The company shall be known throughout this document as Soma Marketing.

Soma Marketing agrees to provide the client web hosting for a monthly/quarterly fee and domain name registration for a annual fee. Clients are allowed to use the service for business/commercial or personal websites.

Content:

All services provided by Soma Marketing may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Irish (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is “adult only” content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Soma Marketing from any claims resulting from the use of the service which damages the subscriber or any other party. A fair usage policy applies to all business hosting accounts. Please note: Your account is not to be used as a file store rather than to store active webpages/files which are publicly accessible from the Internet.

Adult Content:

Pornography is prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Soma Marketing will be the sole arbiter as to what constitutes a violation of this provision. Examples of non-acceptable content or links:

  • Pirated software
  • Pornography
  • Hacking programs or archives
  • Warez Sites
  • Spamming bots/software

Background-running Programs:

Soma Marketing do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Banned Scripts:

You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Soma Marketing reserves the right to disable the account pending client cooperation and resolution.

Scripts we do not allow include:

  • Chat servers/scripts of any kind are strictly prohibited.
  • Formmail is not allowed on our servers. Any files named “formmail” will be deleted without notice.
  • The installation of Proxy servers is prohibited. Any Proxy scripts found on the Soma Marketing web servers will be removed without notice.
  • Distribution and/or Transmission of Obscene or Indecent Speech or Materials. Violation of indecency and obscenity laws can result in criminal penalties.

Resource Usage

User may not:

  • Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  • Run stand-alone, unattended server-side processes at an y point in time on the server. This includes any and all daemons, such as IRCD.
  • Run any type of web spider or indexer (including Google Cash / AdSpy) on our servers.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
  • Participate in any file-sharing/peer-to-peer activities
  • Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
  • Run cron entries with intervals of less than 15 minutes

Intellectual Property Rights:

Material accessible to you through Soma Marketing’s Services may be subject to protection under Irish (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Soma Marketing Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Soma Marketing Network. If you use a domain name in connection with the Soma Marketing 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.

Network Security:

Customers may not use the Soma Marketing Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a 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. Soma Marketing will co-operate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. Soma Marketing reserves the right to modify firewall and/or security settings on its network while it carries out security reviews. This includes limiting outbound email in some circumstances.

Defamation:

Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service:

Soma Marketing reserves the right at its sole discretion to refuse or cancel service. Violation of any of Soma Marketing’s Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy violations will not be released to the customer (e.g Fraud).

Spam Or Unsolicited E-Mail:

You must not use the Soma Marketing Network, Soma Marketing equipment or any Soma Marketing email address 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 prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Soma Marketing Network, Soma Marketing equipment or any Soma Marketing email address. A message is considered 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. For purposes of this provision, merely making one’s email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, Soma Marketing reserves the right to disable your domain without warning. In addition, Soma Marketing may impose a €150 penalty for each spam policy violation. Soma Marketing solely reserves the right to refuse or cancel service to known spammers. Lastly, Soma Marketing reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

In an effort to minimise spam emails and protect out IP space, all business hosting accounts have a 250 email limit per hour. Accounts requiring more than 250 emails to be sent per hour, should review our dedicated server offerings which do not have this limit imposed.

Indemnification:

Customer agrees that it shall defend, indemnify, save and hold Soma Marketing (or it’s employee’s/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Soma Marketing, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Soma Marketing against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Soma Marketing server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Soma Marketing to the amount paid for service.

Domain Registration Only:

If a customer does not provide valid name server details for purchases of a domain name only order, Soma Marketing will park the domain on its servers with Soma Marketing Branding. Soma Marketing may include revenue generating advertising on the parked page for any domain. Customer can change the name servers at any time to point their domain away from the parking page, by using the online tools provided or contacting support.

SSL Certificates

All SSL Certificates must be paid in advance of application with 3rd party supplier. All documentation required to obtain an SSL certificate must be legal and valid.

Refunds Policy:

You may cancel your hosting account at any time before your next billing date, and you will not be billed for the next period. If your refund claim is outside of our 30 day offer then we cannot refund any payments made.

Domain Registration

Technical assistance for domain registration is provided by email only. Please email us at support@onlinemarketing.ie.

Once a domain is registered the fees are non-refundable under any circumstances, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term.

.ie Domain names are subject to the Terms and conditions of registration as detailed on the www.IEDR.ie website – Applications for .ie registrations may not be submitted to the registry until all documentation and all requirements are supplied by the customer. Your domain may remain available to anyone else until this information is received by us and processed. For .ie registrations that are rejected by the registry a full refund will be issued. For .ie registrations that are not completed because we have not received the required documentation from the customer a refund of 70% will be issued.

We offer a 30 day “money back” guarantee for our business hosting service. If you are dissatisfied with the hosting service provided, you can request a refund of all monies paid for business hosting services only (excludes SSL Certs and domain registration). Any other fees paid are non refundable, or subject to a reasonable administration fee proportionate to any work we have carried out (eg setup, support desk requests, etc). Domain registration fees are not refundable under any circumstances.

Please familiarize yourself with your ICANN registrant rights also here: http://www.icann.org/en/resources/registrars/registrant-rights/educational

Payments / Billing:

All of our business hosting/domain names/SSL certificate services are subscription services. Payment can be accepted by electronic transfer or cheque (with 5 days clearance required). All invoices are via email to the associated customer email address. Emails are issued to remind and confirm payment, to ensure continuity of service and to provide notice if payment is overdue.

As per our invoices, payments are due upon receipt unless a credit agreement is in place and any outstanding invoices must be paid within 30 days to avoid service interruption. Failure to renew a subscription at the end of the billing term or failure to pay invoices within 30 day will result in service suspension. A further 30 day grace period is given until account deletion. If no payment is received within the full 60 day period the account is deleted along with all data (websites/emails/certificates/backups).

The customer is responsible for all charges on the service account until a cancellation request is received. Cancellation requests should be made in writing or via email to accounts@onlinemarketing.ie

If your account/service is activated before payment is made then payment must be sent in full

If your account is cancelled and is later re-activated from our archives, an administration fee of €100 is levied on your account.

Returned payments, either via direct debit or cheque, will incur an administration charge. Failure to pay these fees within 30 days of the date of issue will mean your entire account will be put on hold and a collections agency will be handed over your details.
 Fees as follows:


  • Returned Cheque: 20 euro

  • Returned Direct Debit: 20 euro

Account Termination

Soma Marketing my terminate an account for the following Reasons (but are not limited to the following):

  • Non Payment of requested Fees within the specified period,
  • Breach of the Registrant Agreement,
  • Threat of legal action, to include any demand letter, summons, Court Orders or injunctive relief.
  • Request from an Garda Siochana, or any recognised national law enforcement Agency ,
  • Full Confirmation of Breach, violation or infringement of Trademark of the Registrar or any other third party.
  • Spamming, Transmission of unsolicited mail, Abuse of the Services or Technology
  • In the Service Providers reasonable opinion any illegal or deceptive  practices
  • If necessary to comply with any applicable Irish or European laws, rules and Regulations
  • The Customer ceases or threatens to cease payment of its undisputed debts or ceases or threatens to cease to carry on its business;
  • One of the Party’s is unable to pay its debts as and when they fall due within the meaning of Section 214 of the Companies Act 1963; or, an order is made or a petition is presented or an effective resolution is passed for the winding-up of one of the Party’s otherwise than for the purpose of amalgamation or reconstruction

Disclaimer:

Soma Marketing will not be responsible for any damages your business may suffer. Soma Marketing makes no warranties of any kind, expressed or implied for services we provide. Soma Marketing 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 Soma Marketing and its employees. Soma Marketing makes no “uptime” guarantees.

Soma Marketing keeps backups of key server systems only and these backups are not available for customer use. Soma Marketing can accept no responsibility for any loss of data or consequences arising from this. Soma Marketing always advises clients to back up their site data regularly for their own protection. Other backup systems provided are given as a courtesy only, and should not be depended upon for ensuring your data is secure.

Soma Marketing furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of Soma Marketing. A customer’s failure to comply with those laws will violate this policy.

If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with Soma Marketing then Soma Marketing will not be responsible for maintaining hosting for the resellers customers.

All communications (emails, verbal or written) are between Soma Marketing and the client. These communications are private and are therefore not to be shared with any other parties.

Finally, Soma Marketing wishes to emphasize that in accepting services, customers indemnify Soma Marketing for the violation of any law or Soma Marketing policy, that results in loss to Soma Marketing or the bringing of any claim against Soma Marketing. This means that if Soma Marketing is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Soma Marketing, plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.

Soma Marketing reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.