legal

Privacy Policy
Services provided by Cluster Internet Ltd will require registration, and as such you are will need to provide details such as contact details and a billing address.  This information is kept current as long as the account is active. The account will be marked as deleted once requested, allowing you to come back with your existing username; all relevant information not required by our Accounting department may be deleted on request at closure of the account.

Only people who require access to this information for the operation of Cluster Internet Ltd are granted access. This information will be used in conjunction with the Data Protection Act (1998). The server containing the information is located in a physically secure location.  Cookies are not used on the site other than to transmit PHP SESSION Information. Our Accounts department accounts@cluster-internet.com will be able to deal with any updates, deletes, or general enquiry requests you may have.

Disclaimer
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim 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 Us and Our employees. We reserve the right to revise these policies at any time.

When a user is found to be monopolising the resources available we reserve the right to suspend that account immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.

You agree that you shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Us, our agents, our customers and our employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns. You agree to defend, indemnify and hold harmless Us against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our server; (2) any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to you from our server.

Terms of Service
In these terms of service, "We", "our" or "Us" relates to Cluster Internet Ltd and "you", "your" or "yourself" relates to the customer. Our Terms of Service are laid out into sub-sections to provide you easier access to the Information you need.

- Payments & Refunds Policy
- Acceptable Usage Policy
- Fair Usage Policy
- Service Level Agreement
 

Payments & Refunds Policy - back to top
All accounts are set up on a prepay basis and all payments are to be in UK sterling. Although we reserve the right to alter the price of any account or service at any time (without prior notice) all pricing is guaranteed for the period of prepayment. Payment is due monthly or yearly depending on the product type, following the date that the product was ordered. Customers will automatically be charged again at the end of their prepay period unless closure notification has already been given at least 30 days in advance.

No bills or invoices will be sent by regular mail unless specifically requested. All invoices will be sent directly to customers via email shortly after the online purchase has been made. Currently, we are only able to accept payment in the form of a bank transfer, or cheque.

We reserve the right to cancel any service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes our terms of service a refund will not be issued in the event of a cancellation.

Customers may cancel their account at any time. Any incentives offered to customers when opening the account will also be cancelled.

Fees charged on a prepay basis are non-refundable. If on a trial (you will be notified), once the initial trial period has expired customers are not entitled to receive a refund unless the service is cancelled by us. In addition some accounts may incur set-up fees, if so, these charges are also non-refundable.

Acceptable Usage Policy - back to top
We strictly forbid any of the following material being hosted on our servers:

Illegal Material
- This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any local laws.

Adult Material
- This Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to our discretion.

Warez
- This includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

We strictly forbid any of the following material being transmitted through our Network:

- You may not send unsolicited e-mail of any kind to any recipient.
- You may not deliberately send out any harmful material, including (but not limited to):
- Virus attachment(s)
- Explicit pornographic images
- Any material that could be considered harmful

Fair Usage Policy - back to top
Excessive Resource Usage
Resources are defined as bandwidth and/or processor utilization. We may implement the following policy to our sole discretion: When a user is found to be monopolising the resources available we reserve the right to suspend that account immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.

You may not exceed your space limit on the server. Standard Cluster Internet Ltd mailboxes are provided with 20MB of disk space, however this can be increased up to 200MB on request.

Specific policies relating to the usage of Cluster Internet Broadband (ADSL) can be found in the ADSL Terms and Conditions.

Service Level Agreement - back to top
This Service Level Agreement (“SLA”) is only applicable to the following products provided by Cluster Internet Ltd:

Fully Managed Dedicated Service
Fully Managed Dedicated Service is defined as providing the following:
 - Security Updates and Software Patches
 - User Management and Software Installs
 - Full Root / Administrator Access will not be provided
 - Special requests for administration will be charged at a minimum of £50 per hour labour fee.
 

Co-location Service
Co-location Service is defined as providing the following:
 - Availability of Rack space for CPE (Customer Provided Equipment)
 - Availability of Transit (Connectivity)
 - Access provided at the following rates with the exception of Christmas Day, Boxing Day, New Years Day which will be classed as premium access times:
 - 24/7 Access to that equipment with 24 hours notice.

Transit Service
Transit Service is the provision of Internet Connectivity from us to you
Cluster Internet Ltd will provide you with Full or Partial Transit at a rate charged by 95th percentile.
The transit may be provided directly or via BGP4 sessions.
This SLA does not cover Service Downtime caused by problems in the following:
 - Your local area network.
 - Client-provided Internet connectivity or end-user software
 - Anything inside Client’s internal network including, but not limited to, firewall configuration and bandwidth to internet, local area workstations, servers, software, and configuration.

Service Downtime Exclusions
The following are excluded from the monthly calculation of Service Availability:
 - Any utilised Scheduled Service Downtime
 - Any problems outside Cluster Internet Ltd’s Network
 - Any interruptions, delays or failures caused by Client or Client’s employees, agents, or subcontractors, such as, but not limited to, the following:
 - Inaccurate configuration.
 - Non-compliant use of any software installed on the server.
 - Client initiated server over-utilisation.
 - Any problems related to the attacks on the machine such as hacking, attacks, and exploits.

Cluster Internet Ltd's Network (“Cluster Internet Ltd's Network”) is defined as the equipment, software and facilities within Cluster Internet Ltd's network segment, including Cluster Internet Ltd's contracted ISP service to which Cluster Internet Ltd's network segment is connected, collectively used by Cluster Internet Ltd to provide the service.

Service Availability (“Service Availability”) is the total time in a calendar month that the Cluster Internet Ltd is available through the Internet, provided that Client has established connectivity.
Cluster Internet Ltd takes responsibility for the Service Availability within their network, and cannot be held liable for upstream problems.

The Cluster Internet Ltd Network will be available to clients free of Network Outages for 99.95% of the time.

Service Downtime is any unplanned interruption in Service Availability during which Client is unable to access the services as described above that is determined to have been caused by a problem in Cluster Internet Ltd's Network and as confirmed by Cluster Internet Ltd.

Service Downtime is measured as the total length of time of the unplanned interruption in Service Availability in a calendar month. Cluster Internet Ltd provides direct support and expertise in the software it provides, any unplanned outages due to software failure are the direct responsibility of the software publisher and not of Cluster Internet Ltd.

Performance Credit occurs when 99.95% uptime is not met. Cluster Internet Ltd will refund you 5% of the monthly fee for each 30 minutes of downtime (up to 100% of the customer's monthly fee). Network downtime is measured from the time the trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.