VPS Addendum

CRITCHCORP COMPUTERS LTD

VPS SCHEDULE

Last Updated: 29^th October 2018

Index

1. Definitions and Interpretation
2. General
3. Provision of Service
4. Service Delivery
5. Software
6. Support and Management Services
7. Network Connectivity / Data Transfer
8. Data Backup
9. Duration and Termination
10. Agreement and Addendum Amendments

Appendix 1 – VPS Acceptable Use Policy

This Addendum relates only to our Virtual Private Servers (VPS) products. They do not relate to any other product or service supplied by CRITCHCORP COMPUTERS LTD unless specified herein.

1. Definitions and Interpretation 

In this Service Agreement the following expressions shall have the following meanings unless the context otherwise requires:

2. General 
   • References to clauses and sub-clauses are, unless otherwise stated, references to clauses and sub-clauses within this Agreement.
   • The headings within this Addendum are for convenience only and shall not affect its interpretation.
3. Provision of Service 
   • CRITCHCORP COMPUTERS LTD will provide the Service to the Customer in accordance with the Conditions of this Agreement and addendums and within the Term and Conditions.
   • CRITCHCORP COMPUTERS LTD shall use our reasonable endeavours to make available to the Customer at all times the Server and the Services determined within this addendum.
   • Except as otherwise expressly permitted in these Conditions, and in addition to other restrictions herein, the Customer may not:
     • Transfer rights to the use of the Service to any third party, whether in whole or in part;
     • Disclose Service features, errors or viruses to any third party without the prior written consent of CRITCHCORP COMPUTERS LTD;
     • Use the Service except in conjunction with CRITCHCORP COMPUTERS LTD recommended operating environment, notified by CRITCHCORP COMPUTERS LTD or modifies the Service without CRITCHCORP COMPUTERS LTD prior written consent.
     • CRITCHCORP COMPUTERS LTD reserves the right to change the Customer’s password at any time at its sole discretion.
   • CRITCHCORP COMPUTERS LTD shall reserve the right to suspend the Services at any time and for any reason, if deemed necessary, without notice. If such suspension occurs and lasts or is to last for more than 7 days you will be notified of the reason.
   • CRITCHCORP COMPUTERS LTD may occasionally have to interrupt the Service or change the technical specification of the Service for operational reasons or because of an emergency. CRITCHCORP COMPUTERS LTD will give the Customer as much notice as possible of any planned interruption of the Customer’s Service. CRITCHCORP COMPUTERS LTD shall not, in any event, be liable for interruptions of Service or down-time of the Server incurred by us or third parties. In these circumstances the Customer shall have no claim against CRITCHCORP COMPUTERS LTD for any such interruption.
4. Service Delivery 
   • Every reasonable effort is made by CRITCHCORP COMPUTERS LTD to maintain the uninterrupted operation of Your Services. Despite this, due to a number of circumstances that are beyond CRITCHCORP COMPUTERS LTD’s control, you acknowledge that given the nature of such services, CRITCHCORP COMPUTERS LTD cannot guarantee that the Services, when delivered via the internet, will be uninterrupted or error free.
   • To the fullest extent permitted by law and save as provided elsewhere in the Agreement, the Services are provided by CRITCHCORP COMPUTERS LTD to the Client on an “as is” and “as available” basis and no warranty or representation (express or implied) of any kind are given in connection with the Agreement, including as to satisfactory quality and fitness for a particular purpose. In particular, CRITCHCORP COMPUTERS LTD gives no warranty or representation that:
     • the Services will meet the Client’s requirements;
     • the Services will be provided on an uninterrupted, timely, secure or error-free basis;
     • any results obtained from use of the Services will be accurate, complete or current; or
     • the Services provided will be compatible with any files or software You install or upload to the Virtual Server.
   • If You upgrade or rebuild (i.e. restore the default settings) the VPS at any time during the term of the Services You acknowledge that the Virtual Server may require a reboot for this to take effect. CRITCHCORP COMPUTERS LTD will not be liable for any loss of data or other consequences of such action.
5. Software 
   • CRITCHCORP COMPUTERS LTD grant the Customer a non-transferable, non-exclusive license to use the Software, in object code form only for internal needs, solely on the Hardware provided, and in conjunction with the said Services.
   • The Customer agrees not to:
     • Copy the Software.
     • Reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Software.
     • Sell, lease, license, transfer or sublicense the Software or the documentation.
     • Write or develop any derivative or other software programs, based, in whole or in part, upon the Software provided by CRITCHCORP COMPUTERS LTD.
   • Any third-party software is supplied to the Customer on the basis of the relevant third party’s license terms with which you agree to comply.
     • In the case of Microsoft software specifically, the Customer will agree to their general terms of use as outlined within their Operating System.
   • The Customer is solely responsible for virus scanning the Software and CRITCHCORP COMPUTERS LTD give no warranty that the Software will be free from viruses.
6. Support and Management Services 
   • CRITCHCORP COMPUTERS LTD will install the Software detailed in the product specification onto the Hardware in our standard configuration free of additional charge.
   • CRITCHCORP COMPUTERS LTD will endeavour to apply security patches or take mitigating action such as blocking certain network traffic to maintain the integrity of the Server when we are made aware of security vulnerability in Software installed as standard which we deem a threat considering the intended use of the Services for web site hosting. CRITCHCORP COMPUTERS LTD do not warrant that the Software will be free from defects or vulnerabilities nor that the Server will be free from unauthorised users or hackers.
   • CRITCHCORP COMPUTERS LTD are not obliged to install onto the Server any additional software for you or modify the configuration of existing software from its default. The Customer acknowledges that should we agree to do so, a charge may be made to cover employee time.
   • CRITCHCORP COMPUTERS LTD provide technical support relating to the Server and Software physically functioning. We do not offer technical support for application specific issues such as CGI programming, HTML or any other such issue.
   • CRITCHCORP COMPUTERS LTD do not provide technical support for the Customer’s Customers / End Users.
   • CRITCHCORP COMPUTERS LTD obligation to provide support and management services will not extend to:
     • Software or systems not installed as standard by CRITCHCORP COMPUTERS LTD.
     • Software or systems configured or modified by the Customer other than through the provided web based control panel.
     • Correction of faults arising from your failure to comply with instructions and or recommendations provided by CRITCHCORP COMPUTERS LTD directly or through documentation and manuals supplied.
     • Rectification of lost or corrupted data.
   • CRITCHCORP COMPUTERS LTD may at any time and from time to time improve, correct or otherwise modify all or any of the Services (including substituting Software and/or Server with software or equipment of similar specification) provided that such modification does not materially affect provision of the Services to the Customer. We will endeavour to give you reasonable notice of any such modification, where this is reasonably practicable.
7. Network Connectivity / Data Transfer 
   • CRITCHCORP COMPUTERS LTD will provide a means for the Customer to monitor the data transfer usage of the Server. You accept that if the Server exceeds its data transfer quota in any billing period, we will charge the Customer for the additional data transfer at our standard rate.
   • Any access to other networks through the Services must comply with the rules appropriate for those other networks.
   • CRITCHCORP COMPUTERS LTD may assign to the Server on a temporary basis a number of Internet Protocol Addresses (“IP Addresses”) from the address space assigned to Us by the RIPE. You acknowledge that the IP Addresses are the sole property of CRITCHCORP COMPUTERS LTD, and are assigned to you as part of the Services, and agree that you will have no right to IP Addresses upon termination of this Agreement. We reserve the right to change the IP Address assignments at any time.
   • CRITCHCORP COMPUTERS LTD make no representation and give no warranty as to the accuracy or quality of information received by any person via the Services.
8. Data Backup 
   • Unless Customer or his Customer purchases a data backup product as an additional cost option, CRITCHCORP COMPUTERS LTD will make no backups of the data stored on the Server.
   • If Customer purchases a data backup product CRITCHCORP COMPUTERS LTD will endeavour to make backups of the data stored on the Server and make them available to you in accordance with the specification of the data backup product. However, CRITCHCORP COMPUTERS LTD do not warrant that any data will be backed up correctly, or that any successful restoration of data will be possible.
   • If Customer purchased data backup they can access the backed-up data via FTP at any time.
   • The quality of your backup depends on how your data is organised. If you purchase managed backup services, we recommend that you test your managed backup service promptly following the Commencement Date, and then periodically, to determine if it is capturing your data properly. If it is not, we will work with you to maximise the accuracy of our managed backup service for your data and/or help you identify other data backup solutions that may work better for you.
   • Regardless of whether you purchase a data backup product, we shall have no liability for any loss or damage to any data stored on the Server or backup mediums.
   • We recommend that the Customer make a backup of all data on the Server regardless of whether Customer has purchased a data backup product.
9. Duration and Termination 
   • This Addendum shall come into force on the date hereof and continue thereafter unless and until terminated by either party in reference to clause 26 of the Master Service Agreement including sub clauses.
   • CRITCHCORP COMPUTERS LTD reserve the right to suspend the Services and / or terminate this Agreement forthwith without notice to you if you:
     • Fail to pay any sums due to CRITCHCORP COMPUTERS LTD by due date determined by invoice or in writing.
     • Break any of these terms and conditions.
     • If the Customers company or the Customer as a Sole trader go into insolvent liquidation and or the appointment of an administrator, administrative receiver or enter into a voluntary arrangement with your creditors.
   • During the first 7 days of Services, the Customer is entitled to a refund of the basic hosting plan rental fee should You decide to cancel the Services. No full refunds or pro rata refunds will be made after the first 7 days of service.
   • The Customer may cancel the Services at any time in writing to include your account username and password. CRITCHCORP COMPUTERS LTD will cancel the Services within 1 Business Day of receipt of your request.

Appendix 1 –VPS Acceptable Use Policy (AUP)

1. Background

From time to time CRITCHCORP COMPUTERS LTD may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are called Acceptable Use Policies (AUPs) and are posted on the company’s website. The AUPs are not exhaustive and CRITCHCORP COMPUTERS LTD reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to the website or notification of the modified AUPs. By registering for and using the services, and thereby accepting the terms and conditions of the Master Services Agreement or its equivalent, you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as CRITCHCORP COMPUTERS LTD deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.

Violation of any AUP may result in the immediate termination or suspension of the services you receive from CRITCHCORP COMPUTERS LTD. You shall remain solely liable and responsible for your use of the services and any and all content that you display, upload, download or transmit through the use of the services. “content” includes, without limitation, your e-mail, web pages, personal home pages, and domain names. It is CRITCHCORP COMPUTERS LTD’s policy to terminate repeat infringers. CRITCHCORP COMPUTERS LTD reserves the right to refuse service to anyone at any time.

2. Customer Security Responsibilities

The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer’s server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer’s server and any other requirement affected by the security breach. The labour used to rectify any such damage is categorised as emergency security breach recovery and is currently charged at £175.00 per hour. Enquiries regarding security matters may be directed to our Support team.

3. System & Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. CRITCHCORP COMPUTERS LTD may investigate incidents involving such violations and may involve and will cooperate with law enforcement authorities if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

• Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorisation of the owner of such system or network.
• Unauthorised monitoring of data or traffic on any network or system without express authorisation of the owner of such system or network.
• Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
• Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

Violators of the policy are responsible, without limitations, for the cost of labour to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by CRITCHCORP COMPUTERS LTD. Such labour is categorised as emergency security breach recovery and is currently charged at £175.00 per hour required. Enquiries regarding security matters may be directed to the Support team. CRITCHCORP COMPUTERS LTD is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, CRITCHCORP COMPUTERS LTD urges its customers to assume that all of their online communications are secure. CRITCHCORP COMPUTERS LTD cannot take responsibility for the security of information transmitted over CRITCHCORP COMPUTERS LTD’s facilities.

4. Password Protection

The customer is responsible for protecting customer’s password and for any authorised or unauthorised use made of customer’s password. The customer will not use or permit anyone to use CRITCHCORP COMPUTERS LTD’s service to guess passwords or to access other systems or networks without authorisation. CRITCHCORP COMPUTERS LTD will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

5. Internet Etiquette

The customer is expected to be familiar with and to practice good Internet (N)etiquette. The customer will comply with the rules appropriate to any network to which CRITCHCORP COMPUTERS LTD may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libellous, tortuous, indecently depicts children or is likely to result in retaliation against CRITCHCORP COMPUTERS LTD by offended users. CRITCHCORP COMPUTERS LTD reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

6. Copyright Infringement / Software Piracy Policy

The CRITCHCORP COMPUTERS LTD network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.

Making unauthorised copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating all law of copyright.

CRITCHCORP COMPUTERS LTD will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

7. Responsible use of Network

Customers have a responsibility to use the CRITCHCORP COMPUTERS LTD network responsibly. This includes respecting the other customers of CRITCHCORP COMPUTERS LTD. CRITCHCORP COMPUTERS LTD reserves the right to suspend and or cancel service with any Customer who uses the CRITCHCORP COMPUTERS LTD network in such a way that adversely affects other CRITCHCORP COMPUTERS LTD customers. This includes but is not limited to:

• Attacking or attempting to gain unauthorised access to servers and services that belong to CRITCHCORP COMPUTERS LTD or its customers (i.e. computer hacking), and/or
• Participating in behaviour which result in reprisals that adversely affect the CRITCHCORP COMPUTERS LTD network or other customers’ access to the CRITCHCORP COMPUTERS LTD network.

CRITCHCORP COMPUTERS LTD will react strongly to any use or attempted use of an Internet account or computer without the owner’s authorisation. Such attempts include, but are not limited to, “Internet Scanning”, password robbery, security hole scanning, port scanning, etc. Any unauthorised use of accounts or computers by a CRITCHCORP COMPUTERS LTD customer, whether or not the attacked account or computer belongs to CRITCHCORP COMPUTERS LTD, will result in severe action taken against the attacker. Possible actions include warnings, service suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of CRITCHCORP COMPUTERS LTD is strictly prohibited.

Violations of this policy may be reported directly to the appropriate legislative / legal body.

8. Lawful Purpose

All services must be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content.

Using any CRITCHCORP COMPUTERS LTD service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited. Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of any government export restriction in connection with use of CRITCHCORP COMPUTERS LTD services or products is prohibited.

Using the CRITCHCORP COMPUTERS LTD network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.

9. Child Pornography on the Internet

CRITCHCORP COMPUTERS LTD will cooperate fully with any criminal investigation into a Customer’s violation of the Protection of Children Act 1978 concerning child pornography and the Protection of Children Act 199 and any equivalent legislation in force. Customers are ultimately responsible for the actions of their clients over the CRITCHCORP COMPUTERS LTD network, and will be liable for illegal material posted by their clients.

According to the Protection of Children Act, child pornography includes any type of visual presentation (eg. video, photographs, film) that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a an explicit sexual activity concerning a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Violations of the Protection of Children Act(s) may be reported to the relevant legislative body and /or law enforcement agency.

10. Unsolicited Commercial Email / Unsolicited Bulk Email (Spam)

Junk mail or Unsolicited Commercial Email (UCE), the term “spam” refers to submitting a commercial email to a large number of recipients who have not requested or opted to receive it and have no reasonable expectation to receiving email from the sender.

Email sent by a company or an organisation with whom the recipient has established a relationship or which was requested or accepted (opt-in requirement) by the recipient is not considered spam.

Spamming is not only harmful because of its negative impact on consumer attitudes toward CRITCHCORP COMPUTERS LTD, but also because it can overload CRITCHCORP COMPUTERS LTD’s network and disrupt service to CRITCHCORP COMPUTERS LTD subscribers.

As a user of a CRITCHCORP COMPUTERS LTD email service platforms

You must:

• Include a conspicuous notice identifying the message as an advertisement or a commercial solicitation;
• Provide a valid physical postal address in each email your send;
• Include a valid email address or an unsubscribe link allowing the recipient to opt-out, either by replying to a valid return address, or by using an Internet based unsubscribe mechanism;
• Process opt-out requests for at least 30 days after the sending of the commercial email and stop sending email to the requestor within 10 business days upon request;
• Set up and provide CRITCHCORP COMPUTERS LTD with a valid “abuse” email address in order to process any Spam positive complaint;
• Comply with any regulation in force that covers direct marketing regulations.

You may not:

• Include false, deceptive or misleading header information, including a false domain name or address;
• Send emails with a false, deceptive or misleading subject line;
• Include sexually explicit content in your email;
• Add an address into your list without the subscriber’s permission;
• Maintain an email address in your list for which an opt-out request has been received;
• Use lists older than 6 months without obtaining a confirmation of the subscriber’s permission;
• Harvest email addresses from websites or web services;
• Generate email address by using a dictionary attack combining letters and numbers into multiple permutations;
• Use scripts or automated ways to register for multiple email or user accounts to send commercial emails;
• Relay emails through a computer or network without permission;
• Use your subscription form to subscribe users for an unrelated list or to send them content differing from the one they have agreed to.
• Send emails with added words/characters in an attempt to bypass Bayesian filters;
• Send, or attempt to send, Spam of any kind from third-party networks using a return email address that is hosted on the CRITCHCORP COMPUTERS LTD Network, or referencing an email address hosted on the CRITCHCORP COMPUTERS LTD Network;
• Send email messages which result in complaints from the recipient or from the recipient’s email provider, or which result in blacklisting of the sender’s email address or mail server;
• Send email messages which are excessive and/or intended to harass or annoy others;
• Continue to send email to a recipient that has indicated that he/she does not wish to receive it;
• Take any actions intended to cloak the User’s identity or contact information, including but not limited to intentionally omitting, deleting, forging or misrepresenting message headers or return addresses;
• Take any other action that results in blacklisting of the sender’s email address or mail server, or negatively impacts other Users who use the Email service.

In the absence of positive, verifiable proof to the contrary by a User, CRITCHCORP COMPUTERS LTD will consider complaints by recipients of emails to be conclusive that the recipient did not subscribe or otherwise request the email(s) about which a complaint was generated.

11. Disclaimer

• CRITCHCORP COMPUTERS LTD reserves the right to test portions of any customer’s email list in response to complaints and request opt-in information from a random sample of that list at any time.
• CRITCHCORP COMPUTERS LTD reserves the right to determine in its sole discretion the validity of any customer’s email list. Any list CRITCHCORP COMPUTERS LTD determines in its sole discretion to be in violation of this AUP must be removed immediately or the customer will be subject to immediate suspension or termination. Repeated violations will result in permanent suspension.
• CRITCHCORP COMPUTERS LTD reserves the right to test and otherwise monitor customer’s compliance with the above guidelines and requirements at any time during the customer’s term of service at CRITCHCORP COMPUTERS LTD.
• If CRITCHCORP COMPUTERS LTD determines in its sole discretion that the customer is not in strict compliance with the guidelines for permission-based e-mail marketing, then CRITCHCORP COMPUTERS LTD may immediately suspend or

12. IP Address

Overlap CRITCHCORP COMPUTERS LTD administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by CRITCHCORP COMPUTERS LTD staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.

13. Suspension

If CRITCHCORP COMPUTERS LTD in its sole discretion determines that a customer’s server has become the source or target of any violation concerning the CRITCHCORP COMPUTERS LTD Acceptable Use Policy (AUP), CRITCHCORP COMPUTERS LTD reserves the right to suspend network access to that server. While CRITCHCORP COMPUTERS LTD will attempt to contact the customer before suspending network access to the customer’s server(s), prior notification to the customer is not assured. In certain cases, CRITCHCORP COMPUTERS LTD will contact law enforcement and other agencies regarding these activities. Customers are responsible for all charges, as well as any fees relating to the investigation, suspension, administration and handling of their servers before, during and after the suspension period.

14. Cancellation

CRITCHCORP COMPUTERS LTD reserves the right to cancel service at any time, if inappropriate activity is detected. All accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.).

15. Indemnification

CRITCHCORP COMPUTERS LTD wishes to emphasise that in signing the Master Services Agreement or its equivalent, customer indemnifies CRITCHCORP COMPUTERS LTD for any violation of the Master Services Agreement or its equivalent and any law or AUP that results in loss to CRITCHCORP COMPUTERS LTD or the bringing of any claim against CRITCHCORP COMPUTERS LTD by any third-party. This means that if CRITCHCORP COMPUTERS LTD is sued because of a customer or a customer of a customer’s activity, the customer will pay any damages awarded against CRITCHCORP COMPUTERS LTD, plus costs and reasonable legal fees and costs.

16. Disclaimer of Responsibility

CRITCHCORP COMPUTERS LTD is under no duty to vet each customer’s or user’s activities to determine if a violation of the AUPs has occurred, nor does it assume any responsibility through its AUPs to monitor or police Internet-related activities. CRITCHCORP COMPUTERS LTD disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person’s or party’s violation of this policy. All Sub-Networks, Customers and managed servers of CRITCHCORP COMPUTERS LTD must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.