BANDWIDTH USAGE
Dataflame offers high data transfer. In rare cases, Dataflame may find a customer to be surpassing their limit and using server resources to such an extent that he or she may jeopardise server performance and resources for other customers. In such instances, Dataflame reserves the right to impose the High Resource User Policy for the consideration of all customers.
HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilisation.
Dataflame may implement the following policy to its sole discretion:
When a website is found to be surpassing their data transfer limit per month on a single account and/or monopolising the resources available, the account holder will be contacted in order to discuss the situation. If no arrangement can be reached or the account holder cannot be contacted within 12 hours, Dataflame reserves the right to terminate the account giving one week's notice. If the user's site is severely affecting the performance of the server, Dataflame has the right to act immediately in order to resume the normal operation of the network. The High Resource User Policy also refers to other parts of the servers/network, including mail and ftp, plus the use of processor time.
"FAIR USE" RESOURCE ASSIGNEMENT
Dataflame offers high-limit or unlimited amounts of disk space and/or other resources, such as bandwidth transfer, email, databases or FTP accounts. The intention of Dataflame is to provide ample resources for customer convenience, so that customers do not worry about exceeding limits.
It is acknowledged by users of Dataflame services that these resource allotments are optimised and dedicated towards serving web documents and self-need email / FTP services and is not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All downloadable files or files stored on the server must be available for download via a HTML document stored on the Internet in a publicly or privately accessible area, and must be directly related to the general nature of the website index. Illegal content such as pirated software, music or other media are strictly prohibited and are not allowed on Dataflame servers.
It is also acknowledged by users of Dataflame services that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. Users must realise that server technology limits the amount of available resources for use, including but not limited to disk drive space, CPU processing power, memory and access speed. Dataflame takes measures to utilise the latest and most economically feasible mass server market technology available to provide services. It is furthermore acknowledged by users of Dataflame services that all provided services are of a shared-server nature, and other users are sharing the provided space. Customer accounts are placed on a server with up to hundreds of other users. Dataflame, along with many other hosting providers use this business model in order to offer web hosting services en masse at inexpensive and affordable rates.
It is acknowledged that any single account is entitled to utilise the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce, Dataflame reserves the right to limit users of the affected machine to a lower limit to preserve the effectiveness of the service for all users. If a particular user is in extreme excess of what the average users of the machine have in use (actually used) of their resource allotments, that customer may be asked to remove content, cut resource usage, or relocate to a dedicated service provider. This policy only applies to web sites that are considered to be abusive in service, disk space or resource consumption and where it is evident that the "fair-use" of resources among customers has been breached, particularly in regards to disk space, bandwidth or CPU processing power utilisation. Additionally, web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of Dataflame.
If a "Fair-Use" breach occurs, which's determination is solely up to Dataflame, subscriber may have to remove files from or reduce access to subscriber's account to an extent as determined by Dataflame, in order to restore full service ability to other subscribers affected by the breach. In any case, the subscriber will be notified of any actions that Dataflame may have to take.
BANDWIDTH AND DISK USAGE
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Dataflame Internet Services Limited will monitor Customer's bandwidth and disk usage. Dataflame Internet Services Limited shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Dataflame`s sole and absolute discretion. If Dataflame takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Dataflame may, at its sole discretion, collect a deposit, in an amount determined by Dataflame, against customer's credit card on file with Dataflame.
