Terms of Service

Service Usage

Usage of Silverark services requires agreement with the following policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use. General Conduct

  1. Customers may not engage in tortuous conduct including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent, illegal pornography, intentionally inflicting emotional distress, or making physical threats against another person via email, news, or any other electronic media/service we provide.
  2. Customers are prohibited from transmitting on or through any of Silverark's services, any material that is, in Silverark's sole discretion, unlawful, threatening, abusive, libellous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, regional, national or international law, statute or regulation.
  3. Silverark's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Canadian law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute, law or regulation. Silverark reserves the right to remove such illegal material from its servers. Users/accounts cannot represent (in the sole judgment of Silverark) an unusually large burden on the network. Silverark also reserves the right to discontinue services to servers which compromise the network integrity.

Abuse

1. Harassment, whether through language, frequency, or size of messages, is prohibited.
2. Customers may not send any email that has not been explicitly solicited. If a recipient asks to stop receiving email, the customer must not send that person any further email.
3. Customers are explicitly prohibited from sending unsolicited bulk mail messages ('junk mail' or 'spam'). This includes, but is not limited to, bulk-mailing of unsolicited commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
4. Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
5. Malicious email, including but not limited to 'mailbombing' (flooding a user or site with very large or numerous pieces of email) and 'trolling' (posting outrageous messages to generate numerous responses) is prohibited.
6. Forging of header or any other information is not permitted.
7. Subscribing someone else to a mail list or removing someone else from a mail list without that person's permission is prohibited.
8. Silverark accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider.
9. These rules apply to other types of Internet-based distribution mediums as well, such as RLG's Ariel system (a system for sending FAX-like documents over the Internet).
10. Customers may not send Usenet spam’s (i.e. publicising their site in a large number of newsgroups that are irrelevant to the topic of the site).
11. Customers may not operate an Open-relay mail server.
NOTE: Silverark operates under a strict one-warning policy regarding unsolicited e-mail, unless the violation is of such nature that the account, in our sole discretion requires immediate termination, in which event service will be immediately terminated.

Security

1. Customers may not attempt to circumvent user authentication or security of any host, network, or account ('cracking'). 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, or probing the security of other networks.
2. Customers may not attempt to interfere with service to any user, host, or network ('denial of service attacks'). This includes, but is not limited to, 'flooding' of networks, overload of a service, and any activity resulting in the 'crash' of a host.
3. Customers may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
4. Customers must safeguard their account passwords and keep all websites, code, scripts, programs, etc up to date to prevent unauthorized access to their account. Customer is liable for all resource fees incurred under customer's account. If customer grants public write permissions to customer's account, customer is liable for fees for disk space consumed by any others writing to the account.
5. Users who violate systems or network security may incur criminal or civil liability. Silverark will cooperate 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.

Limitation of Liability

  1. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Silverark.co.uk and that damages resulting from any interruption of service are difficult to ascertain. Therefore, clients agrees that Silverark.co.uk shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Silverark.co.uk. Subscriber further acknowledges that Silverark.co.uk's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Silverark.co.uk be liable for any special or consequential damages, loss or injury. Silverark.co.uk is not responsible for any damages your business may suffer. Silverark.co.uk does not make implied or written warranties for any of our services. Silverark.co.uk denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Silverark.co.uk.

Bandwidth Use/Abuse

1. If the customer wishes to change their bandwidth allocation, they must upgrade their service plan accordingly before they exceed their bandwidth allowance.
2. Silverark will charge £2.00 per GB for every GB used above the allocated amount in the pre-purchased package.
3. Customer may not participate in P2P networks such as bit torrent or *public* proxy services. Attempts to circumvent these rules through a proxy, non-conventional ports, encryption or otherwise any other method will result in account termination without refund. These rules are to protect our network and also the quality of service we can deliver to clients.
4. Customer may operate a private secured proxy service, authenticated socks proxy, and authenticated http proxy for private or corporate use.
5. Consistent overuse of shared resources to the detriment of other subscribers will result in account termination without refund.

Delinquent Accounts

1. Silverark reserves the right to discontinue network service to a server immediately for delinquent invoices. Payment for the service is due on the first day of the billing cycle. Please email support @ Silverark.co.uk if you are uncertain as to what your billing cycle is.
2. Once an account is delinquent and taken offline, there will be a £20 reactivation charge to put the account back online unless the server has been reinstalled.
3. Once an account is offline for more than 21 days, Silverark reserves the right to reuse the server and server space for another customer. If, at this point, the customer wishes to be re-setup, they will be responsible for paying a £40 reactivation fee.

Customer Contact Info

It is the customer’s responsibility to keep their contact information up to date. And use a contact email address that is not associated on their domain name that is hosted with us, or email accounts hosted on their web server. It is always suggested that clients have emergency accounts with a google or hotmail system. This will also ensure that when you submit a support ticket that you will be able to get a reply even if your server is down or email is not functioning.

Backups

  1. We run various different servers and services which all include different backup solutions. Unless specifically stated, not all services will run a backup service.
  2. Customer’s use of the service is at their sole risk. Silverark will not be responsible for any data loss. Customer agrees to take full responsibility for files and data transferred and to maintain all appropriate offsite backup of files and data stored on Silverark servers. The customer is responsible for maintaining a backup copy of customer's files elsewhere to ensure recovery in the event of loss or damage to customer's files. At customer request Silverark may make periodic backups of all files, but makes no guarantees of any kind, either expressed or implied, as to the integrity of these backups. Should the file loss be due to some error on the part of Silverark, Silverark will attempt to recover the files from their most recent archives at no cost to the customer. Should the file loss be due to some action of the customer, or due to vandalism brought on by the customer's negligence of securing their account, Silverark will attempt to recover the files from their most recent archives but there may be a charge for this service. Although we do create excellent backups of your data, please do not completely rely on us.
  3. cPanel accounts and servers running WHM in our London Dataceter are backed up daily, weekly and Monthly.
  4. Linode cloud hosting running any server and control panel will perform a full server backup daily, weekly and Monthly. Individual account backups can be scheduled using the control panel that has been installed (WHM or Virtualmin).
  5. Where a backup exists, you will be able to roll back your server using your control panel.
  6. A number of our customers have requested an off-site backup for certain accounts. When we provide this service we use Amazon for data storage.

Additional Policies

1. Silverark will not be held liable beyond one month's cost of service for any service outages.
2. The Customer is responsible for providing and maintaining accurate and up-to-date billing information. Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
3. Silverark reserves the right to discontinue service to any customer without any advance notice.
4. Silverark reserves the right to discontinue (without refund or prior notice) any account/server that hosts any illegal or copyrighted material.
5. Standard and special service prices are subject to change after their monthly or annually rate has been fulfilled.
6. We reserve the right to disable any content on our servers which we deem liable, abusive, or threatening to our network, company reputation, or server resources.

Refunds

If you are not satisfied with the products, services, or support we provide to you within 30 days of your purchase, we will issue you a refund. We do charge a £10.00 administration fee on refunds to deter abuse, and withhold £3 per GB transferred from the server.

Uptime

We guarantee our network will be up 99.9% in a given month not counting well planned and announced service upgrades. Service upgrades will be communicated by email. We do not offer any money back scheme for downtime. Our network uptime refers to our infrastructure and connectivity and does not specifically relate to your individual website.