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Term
and Conditions
Terms
and Conditions of Service: 1 Website Hosting ("The Company")
Overview
The company reserves the right to suspend or cancel a customer's
access to any or all services provided by us when we decide that
the account has been inappropriately used or otherwise.
We
allow users to use webspace provided by us for both private and
commercial use.
1web
site hosting do not allow any of the following to be stored on
our virtual servers:
Adult
Material
This includes all pornography, erotic images, or other obscene
content. The designation of "adult material" is left
entirely to the discretion of 1 Web site Hosting.
Illegal
Material
We do not allow under any circumstance's illegal material to be
stored on our servers, such as copyrighted works, illegal MP3
Sites, or Warez sites, this also includes any sites which provide
"links to" or "how to" information about such
material
Data
stored on our servers is not guaranteed to be backed up. It is
highly recommended that you keep an independent backup of all
data stored on your virtual server.
SPAM
AND UNSOLICITED COMMERCIAL EMAIL (UCE)
We take a zero tolerance approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over our network. Very simply this
means that customers of may not use or permit others to use our
network to transact in UCE. Customers may not host, or permit
hosting of, sites or information that is advertised by UCE from
other networks. Violations of this policy carry severe penalties,
including termination of service.
Terms
and Conditions
1. PAYMENT
1.1 All Accounts (individual named accounts of customers) are
set up on a Prepay Period "Commencement Fee" basis.
No work will be carried out until payment has been received and
cleared in the Company account. The Company accepts no liability
for delayed completion or delivery of the site arising as a result
of late payment.
1.2
The Prepay Period means (the period of one month after the Account
has been set up) Thereafter the Second Phase shall mean (the period
commencing after the Prepay Period has ended up to the first anniversary
year/month of the Account )
The Third Phase shall mean (the period after the first anniversary
year/month of the account up to the second anniversary year/month
of the Account ) etc
1.3 Although the Company reserves the right to change prices of
accounts or services at any time all pricing is guaranteed for
the Prepay Period.
1.4
Payment is due each anniversary year or month following the date
the account was established.
1.5
Payment of the Second and Third Phases is to be received no later
than the date indicated on the invoice unless agreed by the Company
in writing. Where payment is not made within the agreed period
the Company reserves the right to withhold labour and any/all
elements of the site (including any or all Domain names) until
payment has been received and cleared into the Company Account.
1.6
Customers will automatically be charged again at the end of their
Prepay Period unless written cancellation has already been given.
The Commencement Fee shall be non- refundable. The Customer may
thereafter cancel the contract at any time and pay no further
penalty save for any costs already incurred by the Company or
its Agents.
1.7
In the event that payment for hosting is late or declined the
Company reserves the right to remove the Customer's site from
the web servers until payment has been received and cleared into
the Company Account. The Company accepts no liability for any
loss or trade revenue in such eventualities.
1.8
In the event that payment for hosting is not received within 14
days of the due date the Company reserves the right to sell all
unpaid for elements of the website (including any Domain name(s)
and bespoke systems) to any interested third party.
1.9
Should the Customer be unsatisfied with the Company the Company
offers a 14 day money back guarantee ( Hosting fees). This excludes
the refund of domain name registration fees.
2.
PAYMENT OPTIONS
2.1 All invoices will be sent directly to the Customer via email
( unless otherwise agreed by the Company and the Customer).
2.2
All payment is in UK sterling
2.3
Methods of payment available:
2.3.1 Credit / Debit Cards- the Company accepts Mastercard, Visa
(not Visa electron),
Switch and Solo. Payment will be charged automatically to the
Customers card on receipt of invoice.
2.3.2
Cheque Payment: Available only to customers who pay annually for
their hosting Account. A credit / debit card number will still
be required if Customers require the facility to purchase domains
and other services on-line. The Company cannot guarantee that
a service will be provided until after any received cheques have
been cleared.
2.3.3
The Company accepts no responsibility for any financial loss due
to the fraudulent use of credit cards by third parties and recommends
the Customer obtains its own insurance against such financial
loss.
3.
HOSTING
3.1 Although the Company has carefully selected its hosting partners
and believe they offer a high quality service, the Company has
no control over their equipment, software or hardware. The Company
makes no warranty as to the stability, security or performance
of the server on which the site and databases are hosted.
3.2
Sites hosted by a Customer specified third party will be supplied
on an "as is" basis. The Company will not in any event,
accept liability for the operation or stability of any site hosted
by a third party.
3.3
All hosting accounts come with set bandwidth limits per month.
Each time your site is accessed data is transferred across the
Internet, our transfer limits are high, less than 1% of our customers
exceed them. Should you exceed your limit, then you agree to pay
for this bandwidth at a rate of 7p (seven pence) per 1 MB.
4. INTERNET STABILITY
4.1 The internet is a collection of computers linked to each other
via standard communications protocols. There is no single body
responsible for ensuring the constant operation of the internet
as a whole. Due to the modular and ad hoc nature of the internet
there may be occasions when users may be unable to access parts
of the internet. The Company accepts no liability for the loss
of visitors or potential revenue in such circumstances.
4.2
The Company acts as the Customers agent for the domain registration.
Customers of the Company are bound by the terms and conditions
of the relevant naming authority. The Company cannot guarantee
that it will be able to register any requested domain name until
the Company has given specific confirmation. The Customer cannot
assume that registration has been affected until confirmation
is received from the Company.
4.3
The operation of a site's domain name is controlled solely by
the Domain Name provider. The Company is unable to accept any
liability for the continued operation of the Domain Name Servers.
4.4
The Company makes no guarantees regarding the number of visitors
to the Customers Site
4.5
The Company may undertake to submit the Customer site to a number
of search engines. The Company is unable to guarantee that the
client site will be accepted by the search engines or where/if
it will feature in any search enquiry results.
4.6
The Company accepts no liability for any ranking, points, review
or opinion associated to the site by any search engine or other
third party.
5.
CUSTOMER USE OF SITE
5.1 The Customer is responsible for the content of its web pages,
including obtaining the legal permission for any works it may
include and ensuring that the contents of these pages do not violate
UK law. Commercial use is permitted.
5.2
Personal Accounts are to be used by the primary owner only. Personal
account holders are not permitted to resell, store or give away
web-hosting services of their website to other parties. Web hosting
services are defined as allowing a separate, third party to host
content on the owner's web site.
Exceptions to this include ad banners, classified ads, and personal
ads.
5.3
The Company reserves the right to suspend or cancel a Customer's
access to any or all services provided by the Company if in the
Company's view it decides the Account has been inappropriately
used or otherwise.
5.4
The Company expressly prohibit the following to be stored on its
servers:
5.4.1 Adult Material- This includes all pornography, erotic images,
or other obscene content in the view of the Company designated
as "adult material".
5.4.2 Illegal Material - all illegal material as the Company shall
designate to include copyrighted works, illegal MP3 Sites, or
Warez sites, ( including any sites which provide "links to"
or "how to" information about such material).
5.4.3 Participating in any form of unsolicited bulk e-mailing
or spam.
5.4.4 Violation of our companys SPAM policy will result in severe
penalties. Upon notification of an alleged violation of our SPAM
policy, we will initiate an immediate investigation (within 48
hours of notification). During the investigation, we may restrict
customer access to the network to prevent further violations.
If a customer is found to be in violation of our SPAM policy,
we may, at our sole discretion, restrict, suspend or terminate
customer's account. Further, we reserves the right to pursue civil
remedies for any costs associated with the investigation of a
substantiated policy violation. We will notify law enforcement
officials if the violation is believed to be a criminal offense.
5.4.5 First violations of this policy will result in an "Administrative
Fee" of £250 and your account will be reviewed for
possible immediate termination. A second violation will result
in an "Administrative Fee" of £500 and immediate
termination of your account. Users who violate this policy agree
that in addition to these "Administrative" penalties,
they will pay "Research Fees" not to exceed £175
per hour that personnel must spend to investigate the matter.
PLEASE, DO NOT SPAM from your account
6. BACK UP OF DATA
6.1 Data stored on our servers is not guaranteed to be backed
up. The Customer is advised to take out an additional back up
package
7.
SITE MODIFICATION
7.1 All modifications to the site (excluding any materials uploaded
via any content management system provided for this express purpose)
must be carried out by the Company unless previously agreed otherwise.
7.2
In the event that any alteration by the Customer ( or any person
acting on their behalf ) renders the site or any part of the site
unusable the Company will charge to restore it to its previous
working version. Unless covered by a service agreement these modifications
will only be made when sufficient resources are available to the
Company.
7.3
If the Customers bandwidth reaches the points where it has an
adverse affect on other customers the Company reserve the right
to disable your site until the Customer can reduce its bandwidth
usage. The Company endeavours to advise the Customer of its options.
8.
LIMITATION OF LIABILITY
8.1 The Customer shall agree the Company (which shall include
any parent or associated company) shall not be liable for any
special, indirect, incidental, exemplary, punitive or consequential
damages or any damages resulting from loss of profits, arising
out of or in connection with this Agreement, even if the Company
had been advised of the possibility of such damages, and in particular
the Company shall not be liable for:
8.1.1 loss or suspension of the Customers domain name;
8.1.2 use of the Customer domain name registration;
8.1.3 any fiscal loss or otherwise of the customer project as
a profit making project
8.1.4 interruption of your business
8.1.5 non-delivery, mis-delivery, corruption, destruction, or
modification of data
8.1.6 processing of an application for domain name registration
8.1.7 any breach of the Data Protection Acts by the Customer
8.1.8.events beyond the reasonable control of the Company
8.2
The Company shall not be held liable or responsible for any errors,
omissions or other actions arising out of or related to the Customers
application, receipt, or failure to receive a domain
registration.
8.21The Company cannot guarantee that we will be able to register
any requested domain name until we have given specific confirmation.
Clients cannot assume that registration has been affected until
confirmation is received from the company
8.3 The Company's maximum aggregate liability shall not exceed
the greater of:
8.3.1 the total amount paid by you for the registration of the
domain name; and
8.3.2 £50.00 (UK Pounds)
8.4
The Customer agrees to defend, indemnify and hold harmless the
Company and
the registry administrator, including the Companys employees,
directors,
officers, representatives, agents or affiliates, from and against
all and any claim, action, suit, demand, damages, loss, costs,
(including reasonable legal fees, expert witness fees and expenses),
or other proceeding relating to or arising from:
8.4.1 the registration or use of the domain name.
8.4.2 any legal fees or claims that may arise or result from any
service provided or performed or agreed to be performed or any
product sold by the Customer, its agents, employees or assigns.
8.4.3 any injury to person or property caused by any products
sold or otherwise distributed in connection with the Company server;
8.4.4 any material supplied by the Customer infringing or allegedly
infringing on the proprietary rights of a third party;
8.4.5 copyright infringement
8.4.6 any defective products sold to the Customer from then Company's
server.
9.
COPYRIGHT
9.1 Copyright for all Customer supplied data, databases, structure
and content therein, and all data submitted by third parties via
the Website or other feedback input and data generated by the
Customer requested dynamic statistic collection using both the
server and customer- side scripting is and remains the sole property
and liability of the Customer
9.2
The Company retains copyright and licence on all bespoke scripting
functions and programming both on the server- side and Customer-
side and reserves the right to deploy the scripts elsewhere at
anytime and undertakes to do so without reference to the Customer
or any material or data structure owned by the Customer.
9.3
The Company retains all copyright and licence for all scripting
pertaining to any content management system it uses and all data,
databases, structure and content therein necessary for its operation
and its user privilege system and all data, databases structure
and content therein for tertiary data tables such as lists of
countries, unitary conversion tables and temporary tables created
for the express purpose of assisting and ensuring the efficient
execution of the scripts outlined above.
10.
CANCELLATION AND REFUNDS
10.1 The Company reserves the right to cancel this Agreement at
any time.
10.2 In this event the Customer will be entitled to a pro rata
refund based upon the
remaining period of membership.
10.3 If a customer contravenes the Company's terms and conditions
under this Agreement a refund
will not be issued in the event of a cancellation.
10.4 Customers may cancel their account at any time subject to
the conditions set out in clause 1.6.
11 DISCLAIMER
11.1 The Company will not be responsible for any damages to the
Customers business of any kind whatsoever.
11.2 The Company makes no warranties of any kind, expressed or
implied for services provided. This includes loss of data resulting
from delays, non deliveries, wrong delivery, and any and all service
interruptions caused by the Company and its employees.
12.
LAW
These terms and conditions shall be governed by English Law
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