Introduction

BizBootstrap UK Limited T/A BizBootstrap (and known hence forth herein as BizBootstrap) has created this Acceptable Use Policy (AUP) to protect our resources, and the resources of our customers and peering networks in order to provide a high-speed network, high availability services and to ensure that BizBootstrap complies with all relevant UK laws. This AUP must be read in conjunction with our General Terms of Service.

Your Website

It is the responsibility of all customers of the BizBootstrap network and services to ensure that they comply with the latest edition of the AUP at any given time.

This AUP may be revised, without notice, at any time, at the sole discretion of BizBootstrap. Completion of the relevant application form, or connection to the service for the first time, is deemed to be an agreement to our Terms and Conditions and this AUP.

In the event of a breach of this policy, BizBootstrap reserve the right to terminate all or part of any service with immediate effect, without recompense, and delete any files held on our servers.

Registration and Account Management

Some functions of the Services require registration, and as part of the process You will be requested to provide certain information, including among others: Your name, email address, company name, field of business and website URL (“Registration Data “).

The scope of information we collect is described in this section 7, and with regard to Personal Data, in section 8 and our Privacy Policy, which forms part of this Agreement. If You wish to access or manage any of your Content and/or information, including your Personal Data, you may do so at any time using Your account settings and as further described in our Privacy Policy. You may also contact Us directly via your BizBootstrap account representative or via the email address provided below.

By using the Services, you agree to:

Provide true, accurate, current and complete Registration Data as prompted by the registration process.

Maintain and promptly update the Registration Data to keep it accurate, current and complete.

Maintain the security and confidentiality of Your password and any other security or access information used by You to access the Site or Services.

Ensure that You log out of the Services at the end of each session using the Services.

Refrain from transferring Your user account on the Services to any other party without Our prior written consent (for more information, please see the "Transfer of Accounts and Sites" sub-section below).

Refrain from impersonating any person or entity or misrepresent Your identity or affiliation with any person or entity, including using another person's username, password or other Registration Data; and

Immediately notify Us in writing if You become aware of any loss, theft or use by any other person or entity of any of Your Registration Data in connection with the Site or the Services or any other breach of security that You become aware of involving or relating to the Site.

Compliance with UK Law

It is an offence under UK law to transmit, receive or store certain types of files.

Customers may not use our services to engage in activities, or store, transfer or receive material of an indecent, offensive or otherwise illegal nature. Any such activities may result in prosecution by the UK authorities under the relevant statutory provisions including but not limited to the Computer Misuse Act 1990, the Protection of Children Act 1978, the Criminal Justice Act 1988 and the Prevention of Harassment Act 1997. This includes but is not limited to:

• Abusive scripts are scripts which interfere with our systems and/or the accounts of other customers, cause harm to any other computer system or user, or engage in any type of fraudulent activity.
• All content uploaded to your hosting service, including dedicated and VDS servers, must conform to UK law. It is the Customer’s sole responsibility to ensure this. Storage, distribution of or transmission of illegal materials may lead to investigation and possible prosecution by the relevant authorities.
• You must not gain or attempt to gain unauthorised access to any computer systems for any purpose. Such action may lead to criminal prosecution under the Computer Misuse Act. You must not send data to the internet using forged addresses or data which is deliberately designed to adversely affect remote machines (including but not limited to denial of service (DDoS), worms and viruses, trojans and ping storms).
• You must ensure that local PCs and network connected servers are not configured to allow open relay and must not participate in the sending of unsolicited bulk email (commonly referred to as 'spam' ,'UBE','UCE' ).
• You are prohibited from running 'port scanning' or other software intended to probe, scan, test the vulnerability of or access remote systems or networks except in circumstances where the remote user has given express permission for this to be done. We may ask for evidence of such permission.
• You must take all reasonable steps to ensure that your password and login credentials remain confidential.
• Open proxy servers are not permitted under any circumstances and will result in immediate termination of service.
• Sites must not contain 'hateful' material or content which seeks to incite hate.
• Sites must not contain images, videos, depictions or descriptions of pornography which is unlawful in the UK or which is deemed to be distasteful at our sole discretion.
• Sites must not contain 'warez', copyrighted music/videos or links to such content. It is the sole responsibility of the user to ensure that they have the rights to distribute any content displayed on their website.
• Sites must conform to UK copyright law.
• It is also unlawful in the UK law to knowingly infringe intellectual property rights, such as copyright, patents, database rights and registered trademarks. Customers are reminded that sharing copyright material through the use of peer-to-peer software may consequently constitute a criminal offence if done without permission of the right owner in question. BizBootstrap will co-operate with any law enforcement body, agency or rights holder wishing to assert their rights in these matters and BizBootstrap reserve the right to withdraw service under such circumstances.
• The Data Protection Act 1998 imposes numerous duties on any organisation that processes personal data relating to third parties. Failure to comply with many of these duties constitutes a criminal offence. Customers who are not merely processing personal data for domestic (including recreational) reasons are reminded of their likely duty to register with the Information Commissioner.
• Under the Electronic Commerce (EC Directive) Regulations 2002, BizBootstrap is in general not liable to any criminal or pecuniary penalty for any unlawful acts carried out using our service unless we have actual knowledge of those unlawful acts. Accordingly, if we become aware of credible evidence that a customer has carried out any unlawful acts, we will take preventative measures to bring those acts to an end.

The following restrictions apply to all images made available to You via the Service.

You shall not use any image:

• except solely as incorporated into your responsive website, mobile website, Web Personalisation created using the Service.
• together with pornographic, defamatory, or unlawful content or in such a manner that it infringes upon any third party's trademark or intellectual property rights.
• portraying any person depicted therein (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model:
  • a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like.
  • b) in connection with the advertisement or promotion of tobacco products.
  • c) as endorsing a political party, candidate, elected official, or opinion.
  • d) as suffering from, or medicating for, a physical or mental ailment; or
  • e) engaging in immoral or criminal activities.
  • f) as a trademark, service mark, or logo.

Acceptable Email Usage

Customers may not use BizBootstrap services to send unsolicited commercial email (UCE, also known as ‘Spam’). BizBootstrap will suspend, terminate or block accounts seen to be sending ’spam’.

You agree not to send emails that might cause annoyance, inconvenience or anxiety to a recipient.

You agree not to send any emails likely to cause distress or any material which is offensive, indecent, obscene, menacing or in any way unlawful.

You agree to have a clear opt out policy in all newsletter communications.

You must not use our mail services or network to send email to any user who does not wish to receive it.

You must not use our mail services or network to send unsolicited email, in bulk (commonly known as 'spam') or individually.

You must not use our mail services or network with intent to deprive others of service ('mail bomb').

You must not use false mail headers or alter the headers of mail messages in such a way as to conceal the identity of the sender.

You must not use any email address that you are not authorised to use.

You must ensure that any email servers connected to our network and operated by you are not configured to allow 'open relay'.

You must take full responsibility for your own email reputation, BizBootstrap cannot guarantee a positive reputation.

Some hosting services we provide, for instance HostGator shared hosting, limit the number of messages that can be sent in order to prevent blacklisting and to manage server load. The nature of this limit may vary from time to time. You agree to abide by these limitations.

Security and Privacy

Login names and passwords must be kept secret and not be communicated to any third party. If a customer forgets or loses their password, they can request a new password using the ‘forgot password’ link.

Customers are responsible for all traffic that is sent from their server. It is therefore the customer’s responsibility to ensure that all software is virus-free and up to date with all relevant security patches. In particular, server software running on public-facing ports, such as mail servers, CRM systems and blogging software must not be remotely exploitable.

If BizBootstrap find malicious traffic emanating from a customer’s server, BizBootstrap have an obligation to our other customers and peering networks to take urgent measures to block that traffic. In many cases, this can be achieved by selective port blocking, but in other cases, this will involve disconnecting and suspending the account until the issue has been resolved. BizBootstrap understand that in many cases a customer may not be responsible for or aware of the problem, and therefore BizBootstrap will work with the customer to resolve the issue as efficiently as possible to restore normal service. A customer’s service will remain offline until a solution is found.

Proxy servers and services are not permitted on BizBootstrap’s network under any circumstances.

Compliance with foreign law

The Internet is global in reach. Consequently, it is possible for anyone using the internet to break the laws of foreign countries. Customers are therefore advised to take all reasonable steps to avoid breaching relevant foreign laws.

Web Usage

Web usage includes the use of web space provided with client accounts, web hosting on our servers and the use of web services and space on customer co-located servers. We cannot and do not proactively monitor content on any web space maintained by customers (whether customer space, web hosted or co-located services) and cannot and do not guarantee that such sites are free of illegal content or other materials that may be considered unacceptable.

You accept sole responsibility for the content of web pages owned and/or operated by you - whether on client pages, web hosted space or co-located servers - within our domain or other domains hosted within our network.

You accept sole responsibility to ensure that all materials on any website owned or operated by you contains material that you have created or have permission to use.

You accept sole responsibility for any dispute involving Copyright or Intellectual Property Rights associated with your site or service.

You must not use your website or web service to promote or distribute any material or content that is illegal (under any current or future legislation). You should be aware that the internet is a global communications network and what may be legal in the UK may be illegal elsewhere and leave you liable to prosecution in another country.

Some hosting products may offer ‘unlimited’ or ‘unmetered’ resources. However, these resources may only be used to serve a standard website and may not be used for bulk storage, archival or any other purpose intended to consume excessive storage.

If your usage exceeds the limitation of your hosting package, we reserve the right to charge for this over-usage at the prevailing rate displayed on our website, or to upgrade you to a larger hosting package at our discretion.

Legal adult content as defined by UK law is allowed on our servers however you must inform us as we will host your site on a separate IP to prevent any SEO implications for other clients.

We may undertake investigation of content services if potential abuse is brought to our attention and we reserve the right to remove any web page on our servers at any time and for any reason. Any accounts found to be abusive, contain illegal content or otherwise break our terms of service will be liable for immediate termination with no refund.

Transfer of Accounts and Sites

In order to request the transfer of your site(s) and/or account to another person or legal entity please contact your BizBootstrap account representative or contact us using the contact details provided below.

transfers@BizBootstrap.co.uk

Please note that:

You may only request the transfer of sites or accounts of which you are the legal owner and/or holder of rights to.

All transfers of sites and/or accounts are subject to Our sole discretion and written approval. Under no circumstances shall BizBootstrap be obliged to comply with such request.

Under no circumstances shall BizBootstrap act as an intermediary, arbiter, or adjudicator between You and any third party. If your transfer request affects third parties, such in cases where accounts and/or sites are managed by You on behalf of third parties (e.g., your clients), We may ask for, and Your request may be subject to, such third parties' consent.

Any transfer is subject to the transferee entering into a substitute legal agreement with Us and accepting any terms, policies, guidelines and requirements as we may deem applicable, at our sole discretion.

By providing BizBootstrap with an account or site transfer order, you represent and warrant that: (i) you are allowed to request the transfer of such account or site; and (ii) that you release and forever waive any claims against BizBootstrap from any and all claim, suit, liability, damage, loss, cost or expense of any nature whatsoever arising out of or in connection thereto. Furthermore, you shall hold BizBootstrap harmless from any and all claims, suites, proceedings, by any third party, and indemnify BizBootstrap from any and all fines, costs, expenses (including reasonable attorney's fees), losses or damages, arising from or connected to the transfer of such account and/or site.

Your Telephone numbers

Providing your service:

BizBootstrap shall supply the Services to the Customer in accordance with the details set out in the Order in all material respects.

BizBootstrap shall use all reasonable endeavours to meet any performance dates that may or may not be specified, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.

BizBootstrap shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and BizBootstrap shall notify the Customer in any such event.

BizBootstrap warrants to the Customer that the Services will be provided using reasonable care and skill.

The Customer shall:

Be responsible for checking that any Number or Call Management Service that has been allocated to the Customer's Account is set up and operates properly and to report any faults to BizBootstrap immediately.

Be responsible for the safety and security of the equipment used by them to access the BizBootstrap Network and Services and must put in place such safeguards as necessary to prevent unauthorised use.

Pay any charges relating to the provision of the Services within 5 days.

Ensure that any Number allocated to them is not used in an unlawful, improper or damaging manner and will not hold BizBootstrap liable in any proceedings or claims relating to improper use of the Number.

Pay for all calls made from their Service whether authorised or unauthorised. This includes, but is not limited to, calls made from fraudulent use of the Service caused by hacking or any other form of unauthorised intrusion or use.

Where a Customer places an Order in relation to a Premium Rate Service, the Customer shall:

Provide BizBootstrap with any information that BizBootstrap deems necessary to satisfy its obligations of due diligence.

prior to providing the Premium Rate Service to End Users, ensure all necessary approval has been gained from the relevant regulatory bodies involved in Premium Rate Services.

Notify BizBootstrap of any changes in use and await confirmation before making such changes.

If BizBootstrap's performance of any of its obligations under the Contract is prevented or delayed by any act or omission of the Customer or failure by the Customer to perform any relevant obligation (Customer Default):

BizBootstrap shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays BizBootstrap's performance of any of its obligations.

BizBootstrap reserves the right to check the security of the Customer's equipment or devices used to connect to its Network if it reasonably believes that equipment on the Customer's Network may be at risk from external attack (hacking) or if they believe that it’s Terms and Conditions of use are not being followed.

BizBootstrap accepts no responsibility for costs incurred by the Customer from unauthorised usage of the Customer's Service.

BizBootstrap shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier's failure or delay to perform any of its obligations as set out in this Condition and the Customer shall reimburse BizBootstrap on written demand for any costs or losses sustained or incurred by BizBootstrap arising directly or indirectly from the Customer Default.

BizBootstrap’s Obligations

Without prejudice to the limits and exclusions on BizBootstrap's liability under the Contract, as provided for under Condition 9, BizBootstrap will not be liable for any loss to the Customer arising from issues which are outside of BizBootstrap's control. In particular, this condition applies to any interruptions in the operation of the Telecommunications Network.

BizBootstrap will provide a Code of Practice that has been approved by CISAS, or such other external body as may from time to time be appropriate, in relation to complaint handling and dispute resolution.

Your Geographical Business Address

Use of Address

By purchasing any of the Services offered by BizBootstrap the Company has given the Client the right to use the Address for a limited term.

The Client is not permitted to state to any third party they have a physical presence at any of BizBootstrap’s Address(es), nor assert to any government authority that the Client(s) are resident at the Address.

BizBootstrap reserves the right to disallow categories of business as the Company sees fit.

BizBootstrap reserves the right to refuse to offer service to businesses whose activities are illegal under British law, or which may be judged immoral by the management of BizBootstrap, or which may draw the negative attention of UK regulatory authorities (or the public) to the business, employees or the Address of BizBootstrap.

Businesses in the following niches are not permitted to use any of the Addresses: Adult, Alcohol, Gambling, Financial Services (Cryptocurrencies, Insurance, Investments, Loans), Firearms, and Pharmaceutical.

The Client is not permitted during or after the term of this Agreement to carry out any act or make any omission that may damage the goodwill or reputation of the Address or Company or that may bring the Address or the Company into disrepute.

 

Identification

In order to receive our services, and to comply with UK local and national laws, the Client must provide to BizBootstrap copies of the following forms of identification, before any mail will be forwarded:

• • A valid copy of a driving license, passport or European identity card.
• • A valid copy of a utility bill, bank statement, local council or government letter that has the Client's name and address on it.

The documents may be uploaded via the Client's online dashboard or sent to BizBootstrap by email or letter.

In the absence of such documents BizBootstrap may hold and retain the Client's mail, for a limited time period (a maximum of 14 days), at its discretion, until such documents are supplied, and subsequently, if said documents are not forthcoming, return said mail to sender.

BizBootstrap shall not be liable for any loss, harm or consequence suffered by the Client or a third party as a result of this procedure. (See Section 15.)

In certain instances, BizBootstrap may ask for original documents, from the Client or their co-directors/shareholders, to confirm and verify details that the Client has provided, as well as documents detailing the nature, purpose and composition of the Client's business. Failure to provide such documents within 7 days of request may result in immediate termination of service without notice or refund.

The Client must inform BizBootstrap immediately in writing or via email of any changes to the Client's contact details and business scope.

Mail Forwarding

The Client’s mail must be addressed in the format: Your Company Name, International House + the Address.

i. BizBootstrap will not be held responsible for delays or non-delivery of mail arising out of using a different address format.

ii. If BizBootstrap becomes aware, through its routine checks, of the use of its Address in a format other than the aforesaid it may inform the Client to make the necessary changes. BizBootstrap will only make changes if the appropriate Secretarial services are bought to pay for and enable these.

iii. All mail delivered at the Address will be forwarded to the Client to the address designated in the Client’s account as soon as is reasonably practicable.

For administrative purposes, BizBootstrap considers the mail officially received on that date which BizBootstrap’s staff mark upon the mail, at the Company’s mail processing Address.

Client mail delivered at the Address will not be made available for collection.

Any mail delivered to the Client at the Address marked in such a way that BizBootstrap is unable to determine from the outside packaging that it is intended for the Client, BizBootstrap reserves the right to open such mail to determine for whom it is intended.

The Registered Office Address service covers unlimited forwarding of Companies House and HMRC letters addressed in the name of BizBootstrap to anywhere in the world.

The Director’s Service Address covers unlimited forwarding of Companies House and HMRC letters addressed in the name of BizBootstrap director to anywhere in the world.

The Business Address Service covers the forwarding of those letters designated ordinary business letters by BizBootstrap, according to the number of business letter credits purchased. These letters are defined as all letters other than letters from Companies House and HMRC.

Should the Client receive, by accident, any mail or letters not specifically addressed to them by the sender, they shall be obliged to return said mail to BizBootstrap at their own expense. BizBootstrap will compensate the Client with £10 renewal (fee) credit.

If the Scan & Email service is bought alongside the Registered Office Address, Director’s Service Address and /or the Business Address Service, BizBootstrap will scan and upload the corresponding number of letters specified for the Services bought and also forward the physical letter to the Client.

i. All letters (C4 & C5 size) will be scanned, except junk mail, magazines, catalogues, brochures and large documents (10+ pages).

BizBootstrap accepts no liability for mail that cannot be proven to have been delivered to the Address. Proof of postage shall not constitute proof of delivery.

All risk in mail delivered in the name of the Client or their business at the Address shall pass to the Client immediately upon delivery to the Address.

In the event that BizBootstrap has reason to believe that any mail item delivered to the Client at the Address is or may be, in any way, illegal, immoral, harmful, noxious, deteriorating or dangerous, BizBootstrap reserves the right to dispose of such mail as it sees fit.

BizBootstrap reserves the right, at its sole discretion, to refuse delivery of and return to the sender (at the Client’s sole cost) or to withhold from forwarding any mail items BizBootstrap deems too large for forwarding.

BizBootstrap reserves the right, at its absolute discretion, to withhold from forwarding and/or to pass to any relevant authority, including Trading Standards, the National Crime Agency, HM Revenue and Customs and the police, any mail delivered to you at the Address, without notice to you.

Parcels

The Parcel forwarding service is only available at the Constance Street, Silvertown, London address.

Clients must let BizBootstrap know in advance if a parcel is expected.

An admin fee, plus postage will be charged to forward any parcels.

Parcels will be kept in storage for a maximum of 14 days before being returned to the local Post Office for processing.

BizBootstrap reserves the right to return to sender any unannounced parcel or any parcel which is, in the opinion of BizBootstrap and its staff, too large or too heavy.

BizBootstrap reserves the right to dispose of any other unsolicited items received at the Address(es) which cannot be returned to sender via Royal Mail.

Services

Purchase of the service Registered Office Address gives the Client the right to use the Address at Companies House and as the Client’s Registered Office Address in all official communications.

Purchase of the service Director’s Service Address gives the Client the right to use the Address as the Client’s Director’s Service Address with Companies House.

i. The Director’s Service Address gives the Client the right to have 1 (one) director per account. Use of BizBootstrap’s Address for additional director(s) requires the creation of a separate account for each director.

Purchase of the Business Address Service gives the Client the right to use the address on websites, business cards, letterheads, general correspondence, trademarks and patents and as a contact address.

Purchase of the service 'Scan & Email' bought in combination with the Registered Office Address Service and/or Director’s Service Address Service and/or the Business Address Service permits the contents of the Client’s letters (C5 and C4 only) to be scanned and uploaded to the account Dashboard and afterwards posted to the forwarding address active on the Client account at the time of processing.

i. The 'Scans For Life' service offering shall be conditional upon the account being in good standing and that the Registered Office Service, Director's Service Address and Business Address Service plus Business Address postal credits shall all be present, active and paid for in the Client account at the time of the receipt of a Client letter.

All services are purchased for the duration specified and expire at its end. If services are added before the account expiry date, they will expire at the account expiry date. BizBootstrap may then, at its sole discretion, add credit as compensation to the account, the nature and value of said credit to be defined by BizBootstrap.