What does "unlimited disk space, data transfer, and email storage" mean?
What is appropriate usage?
You acknowledge that it is solely your responsibility to regularly back-up and maintain copies of your data outside of Urchin Design's network. Urchin Design is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, (iv) any software or other technology failures, or (v) account termination, cancellation, or suspension.
All Urchin Design servers have redundant hard drives for real-time RAID 1 mirrored backups. We also provide off-server backups. These server backups are stored for the last 30 days on a best-effort basis. To do a restore from one of these backups, use the Server Rewind feature in cPanel.
If you require assistance from our us in retrieving backups, please contact us. In the request, please specify what you want to restore, and we will make a best effort to restore your data.
Acceptable Use Policy & Terms of Service
Any attempt to undermine or cause harm to a server or customer of Urchin Design is strictly prohibited. Urchin Design will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password theft, security hole scanning, etc. Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to Urchin Design, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack. IMPORTANT NOTE - Urchin Design has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below. YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by Urchin Design to be unacceptable use of our services including abuse of server resources. WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.
Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Storage Space Abuse
Unsolicited Email & Spamming
Acceptable Use Policy
2. Urchin Design's Hosting Policies; Third Party Policies
This AUP and our other Policies are part of your contract with us, and governs your use of our network and resources and our provision of the Services (as defined in the Terms of Service.) If you are a customer, you’ve agreed to abide by our Policies when you checked “I agree” to our Terms of Service. If you are not our direct customer, you agree to abide by this AUP by using the Services provided by or through us.
You are bound by policies from third parties that provide services to you through Urchin Design. You are strongly encouraged to review such policies prior to agreeing to be bound by this AUP. We will provide you with additional information about those policies on request.
3. Appropriate Use of Urchin Design Services
4. Prohibited Uses
Unsolicited commercial email, or SPAM, is prohibited. Our network is not designed to be used for mailing lists with over five hundred (500) recipients and you may not send an email to more than five hundred (500) recipients. If you need to send an email to over five hundred (500) recipients, please contact our Support Team for a list of other service providers that can assist with this task. Even if you send email to fewer than five hundred (500) recipients, we will consider your mail to be unsolicited, or SPAM, if it results in a number of complaints to us, disrupts our network, or subjects us to unfavorable action by other Internet providers. Please review the “CAN-SPAM Act” and ensure that any commercial email you send complies with this Act. Email that is “CAN-SPAM compliant” may still otherwise be prohibited by our AUP. If you believe one of our customers is engaged in spamming, please send an email containing all headers, and your contact information, to: info(at)urchindesign.co.za (replace “(at)” with “@”).
Certain content is prohibited. You are responsible for any content transmitted, or accessed, using our network. Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation is prohibited. You may not use our network to directly facilitate the violation of any particular law or regulation or this AUP. The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited by this AUP. Use of our network to host content related to or to engage in the following activities is strictly prohibited.
IRC scripts/bots, IRCD (irc servers), AutoSurf/PTC/PTS/PPC sites;
IP scanners, Bruteforce Programs/Scripts/Applications;
Mail Bombers/Spam Scripts;
File Dump/Mirror Scripts (similar to rapidshare);
Anonymous or Bulk SMS Gateways;
Websites or links to websites advocating human violence and hate crimes;
Websites promoting illegal activities. or linking to other websites that promote illegal activities;
selling, or otherwise disseminating, pornography or other erotic material, regardless of its literary merit;
hosting adult thumbnail galleries/banner exchanges;
lottery/gambling or chain letters, regardless of content, and regardless of your citizenship;
advertising, advocating or operating High-Yield Interest Programs (HYIP) , Ponzi or Pyramid schemes, prime banks programs, Bank Debentures/Bank Debenture Trading Programs, or Related Sites;
fraudulent sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com).
broadcasting or streaming of live sporting events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.) or television;
impersonating another user or otherwise falsifying one’s user name in email, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service;
dox or posting personally identifiable information such as addresses and phone numbers of individuals with the hope of causing damage or harm to said person. This does not cover Government officials when providing contact email addresses or the representatives work phone;
content that promotes or advocates human trafficking in any way shape or form as determined by Urchin Design's sole discretion, sites that promote prostitution, or escort services;
network unfriendly activity (ex: attempts to interfere with our network or network connections or which adversely affect the ability of other people or systems to use our network or the Internet);
creating, posting or sending Warez, Roms, CD-Keys, cracks, passwords, serial numbers, Internet viruses, worms or Trojan horses, engaging in denial of service attacks, or hosting content that is intended to assist others in defeating technical copyright protections;
posting links to prohibited items, facilitating a violation of our Policies, or instructing others in illegal or prohibited activities; and
setting up or using (via the Service) proxies, proxy scripts/anonymizers of any kind.
(1.) COVERAGE - This 99.99% uptime guarantee applies to any Customer in good financial standing with Urchin Design at the time of a service outage. (2.) SERVICE LEVEL AGREEMENT ("SLA") & SPECIFICATIONS - Urchin Design endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime ("unavailability") is defined as 100% packet loss from Urchin Design to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Urchin Design's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Urchin Design NOC.
Urchin Design's administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the Urchin Design network. (3a.) SHARED HOSTING CREDITS - In the event that YOUR website is unavailable for less than 100%, Urchin Design will credit the following month's service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month. Monthly Uptime Credit:
- 95% to 99.9% - YOUR account will be credited 10% of your monthly hosting fee
- 90% to 94.9% - YOUR account will be credited 20% of your monthly hosting fee
- 89.9% or below - YOUR account will be credited 50% of your monthly hosting fee (3b.)
Managed Dedicated Servers
For managed dedicated server Customers, if the uptime is between 98.9% and 99.9% for any particular month, credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the Customer's services during the month and the calculated actual level of availability of the Customer's services, multiplied by the actual charges incurred by YOU for the services during that monthly period. In addition, for managed dedicated servers, YOU may be entitled to additional credits as calculated below measured 24-hours a day in a calendar month, with the maximum credit not to exceeding 25% of the monthly service charge for the affected month. In order for YOU to receive a credit on YOUR account, YOU must request such credit within seven (7) days after YOU experienced the downtime. You must request credit by sending an e-mail message to billingsupport@Urchin Design. For security, the body of this message must contain YOUR account number, the dates and times of the unavailability of YOUR website, and such other customer identification requested by Urchin Design. Credits will usually be applied within sixty (60) days of YOUR credit request. Credit to YOUR account shall be YOUR sole and exclusive remedy in the event of an outage. (4.) RESTRICTIONS - Credit shall not be provided to YOU in the event that you have any outage resulting from:
- scheduled maintenance as posted from time to time at Urchin Design,
- your behavior or the performance or failure of your equipment, facilities or applications,
- circumstances beyond Urchin Design's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
- YOU breaking any agreement policy in Urchin Design's "Terms & Conditions and AUP" causing a machine to fail as a result.
Technical Support Boundaries
SMTP Mail Server Abuse
Background Running Programs
Cancelation of Service
Promotional Rates & Special Offers
Intellectual Property Rights
Static & Dynamic Content Caching
IP Address Ownership
Domain Name Registration
YOU agree to pay Urchin Design prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the Urchin Design price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. Urchin Design reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Urchin Design to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Urchin Design) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Urchin Design as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Urchin Design will reinstate YOUR domain name registration solely at Urchin Design discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. Transfer domain registrar to Urchin Design YOU agrees to pay Urchin Design prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the Urchin Design price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status
- Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
Urchin Design reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Urchin Design to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Urchin Design) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Urchin Design as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Urchin Design will reinstate YOUR domain name registration solely at Urchin Design discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. Transfer domain registrar away from Urchin Design Urchin Design reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
- Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and Urchin Design will not be held liable for the failure of a domain name transfer for any reason.
Urchin Design reserves the right to refuse service to anyone. YOU may only use Urchin Design server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated Warez", OGG, AVI, MPEG, ISO, "Hacker programs or archives", "Copyrighted Digital Movie Copies (DIVX)" and "Unlicensed MP3". The designation of any materials as such described above is left entirely to the discretion of Urchin Design management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that Urchin Design may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification. Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Cape Town, South Africa, and any dispute will be litigated or arbitrated in Cape Town, South Africa. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Cape Town courts. IN NO EVENT SHALL Urchin Design'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED (R500.00) RAND.
YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Urchin Design HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Urchin Design, 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 YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Urchin Design AGAINST LIABILITIES ARISING OUT OF: (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Urchin Design'S SERVER. (2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Urchin Design'S SERVER.