This policy is presented by The Purple Spade, a USA-based web design and hosting provider.
What you can and cannot use our web hosting for
1. We reserve the right to suspend or cancel a customer’s access to any or all services provided by The Purple Spade, where The Purple Spade and their server providers decide that the account has been inappropriately used. The Purple Spade reserves the right to refuse service and/or access to its network to anyone without reason.
2. We offer large amounts and unlimited disk space and bandwidth with some account types. By this, we mean disk space for legitimate website content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. Websites should not contain any backups or other non-web-based content. We will treat all password-protected archives (e.g. zip and rar) files as unacceptable. Non-web files including, but not limited to exe, mp3, avi, wmf are not permitted on our servers.
3. Scripts and web applications on the website must be designed to produce web-based content, and not to use the server as an application server. Using the server to generate large volumes of emails from a database is an example of an activity that is not allowed. Scripts and web applications should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource-intensive, adversely affect server performance, and are therefore not allowed. Scripts and web applications that are designed to provide proxy services, anonymous or otherwise, are not allowed.
4. Scripts and web applications that use excessive resources such as memory or CPU are not permitted on our servers.
5. The Purple Spade Network FTP servers may not be used by persons outside of the account holder’s organization to transfer files to or from our network. The use of applications that maintain a constant FTP connection to upload at regular intervals is forbidden.
6. The Purple Spade and their server providers will disable any website and domain that fails to adhere to the following criteria as soon as we are made aware, in line with current working practices: –
6.1. The primary purpose of any website must be to provide web-based content to viewers. Files on the site must be linked to the website.
6.2. The primary purpose of any script or web application must be to produce a web page or web service. Scripts and web applications that send a single email based upon user-entered information, or update a database are acceptable. Scripts and web applications that perform processor-intensive processes are not allowed. All outgoing mail is monitored and filtered and must be sent using authentication from a The Purple Spade hosted mailbox.
6.3. Database services are for the exclusive use of storing the data of websites hosted on our network and can not be used to store non-website data or with services outside of The Purple Spade network.
6.4. Databases hosted outside of The Purple Spade network can not be used in conjunction with services provided by The Purple Spade.
6.5. Websites must not contain Warez, copyright, or other illegal material. The onus is on you the customer to prove that you own the rights to publish material, not for The Purple Spade and their service providers to prove that you do not.
6.6. Websites must not contain pornographic or other lewd material. Adult Material includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of The Purple Spade and its service providers.
6.7. Websites must not use excessive amounts of server resources. These include bandwidth, memory, processor utilization, and/or disk space. Please see the ‘High Resource Use Policy in the Terms and Conditions.
6.8. Websites must not contain scripts and web applications that attempt to access privileged server resources or other sites on the same server.
6.9. FTP Services are for the exclusive use of our customers and our reseller’s customers and may not be used for anonymous or pubic FTP access.
6.10. Email Services are for the exclusive use of our customers and our reseller’s customers and may not be used for Free Email Services or Free Mailbox Services.
6.11. The use of Databases that use files stored on the web server is permitted as long as the total file size of the database is below 50MB in size. This includes, but is not limited to, Microsoft Access, Microsoft SQL Server Compact, and RavenDB.
7. If you require the storage of non-website files then please contact us.
The Legal Position on sending Unsolicited E-Mails
1. The Purple Spade does not authorize the use of its computer systems and network to accept, transmit or distribute unsolicited bulk email, also known as SPAM.
2. The Purple Spade and their server providers reserve the right to determine what constitutes SPAM and terminate or suspend all services, without prior notice, of any customer disregarding this policy. YOU WILL BE CHARGED A FEE OF $50 PLUS AN ADDITIONAL $25 PER HOUR ADMINISTRATIVE CHARGES FOR ACCOUNTS TERMINATED OR SUSPENDED DUE TO SPAM, or as set out at the time by our service provider.
3. You will represent, undertake and warrant to The Purple Spade and their service providers that any bulk email, sent either using the services provided by The Purple Spade and their service providers or to promote a website or domain held on The Purple Spade Network, will comply with the terms below. Any bulk email that does not comply with these terms will be treated as SPAM and clause 2 of this policy will apply: –
3.1. Every email must clearly state who the sender is and give clear and precise instructions on how to be removed from receiving any further communications of the same or similar nature. The removal instructions shall be easy to understand and must aid and not hinder the subscriber.
3.2. You shall ensure that before the sending of any bulk email you have received back a ‘Subscription Confirmation Request’ from each recipient’s email address that proves that the recipient did in fact ‘opt-in’ to receive communications of this kind. If you do not have such proof then it will be treated as SPAM and clause 1 of this policy will be applied.
3.3. You shall ensure the ‘Subscription Confirmation Request’ sent to the recipient to confirm ‘opt in’ of the bulk email shall not be an advertisement for products or services.
3.4. You shall ensure that any bulk email must comply fully with USA-based legislation, The Electronic Communications Privacy Act of 1986 (ECPA).
4. To prevent the sending of bulk unsolicited emails and to prevent the IP addresses of The Purple Spade and their service providers from being blocked by IP address blocking, then clause 2 of this policy will be applied, in the following scenarios: –
4.1. Where The Purple Spade and their service providers have received any complaints concerning unsolicited email originating from a The Purple Spade hosted domain.
4.2. Where The Purple Spade and their service providers received any complaints concerning unsolicited emails being sent to promote websites and domains that are hosted on the Purple Spade network. This also includes domains that use The Purple Spade and their server provider’s domain forwarding service.
4.3. Where bulk email is sent to a ‘dirty list’ of unconfirmed ‘opt-in’ email addresses.
4.4. Where bulk email is sent to email addresses harvested from the Internet.
4.5. Where bulk email is sent to email addresses obtained from another party, even if the other party claims the list is ‘opt-in’.
4.6. Where you have not put in place adequate protection to prevent web applications and scripts from sending unsolicited spam emails to your website.
4.7. Where email services provided by The Purple Spade and their server providers are used to promote or in conjunction with websites or domains that are not hosted on The Purple Spade Network.
6. Nothing in this policy is intended to grant any right to transmit or send email to, or through, the Services provided by The Purple Spade and their service providers. Failure to enforce this policy in every instance does not amount to a waiver of The Purple Spade and their server provider’s rights.
7. Unauthorized use of the Services in connection with the transmission of unsolicited email, including the transmission of email in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.
Review Of This Policy
The Purple Spade reserve the right to add, delete, or modify any provision of this Term or Policy at any time without notice. Failure to receive notification of a change does not make those changes invalid.
We keep this Policy under regular review. This Policy was last updated in July 2022.
This policy represents your web design agreement with The Purple Spade, in addition to all emails exchanged between us and yourselves. Please retain your emails for future reference in the unlikely event of any dispute.