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Interpretation
1.1 Definitions
Unless otherwise stated, the following definitions apply to this
document:
-
“we”, “us”, and “our” are references to NetWeb Support;
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“you”, “your” and “customer” are references to the person paying for
services from NetWeb Support having entered into this agreement;
-
“services” are web hosting, domain registration, web build, web support, email and other services or facility provided by us to you;
-
“server” is the computer equipment used by us in connection to the
services provided;
-
“order” means a request made by the customer to us for services to be
supplied subject to these conditions;
-
“charges” are the charges payable by the customer for the provision of
services details of which can be found on http://www.netwebsupport.co.uk
and may vary from time to time.
1.2 Include
The words “include” and “including” are to be construed without limitation.
1.3 Headings
The headings in this document are for convenience only and shall not affect the interpretation of these conditions.
Misuse
2.1 Spam / Unsolicited Mass E-mail
The
sending of Unsolicited Commercial Email (SPAM) through our servers promoting any
website or through third party servers promoting a website hosted by us can
result in the suspension or termination of the customers web hosting account
without refund. Mailing lists may be operated as long as individuals choose to
subscribe to receive mailings via clear 'opt in' methods and a strict removal
procedure is published in all mailings. 'Safe lists' and other advertising
related mailing lists may not be operated. Any complaints received are taken
seriously and will be investigated.
2.2 Account Use
Under
no circumstances must our servers be used for the hosting or communication of,
reference to or linking to any of the following:
- nudity, pornography, anything of a sexual, lewd, or obscene nature;
- violations of any copyright or any other right of any third party;
- threatening, abusive, harassing, defamatory statements;
- promotion of illegal activities (hacking, cracking, etc);
- information or software containing or about any kind of virus;
- hate speech or hate propaganda;
- the collection of personal information for illegal purposes;
- content deemed by us at our sole discretion to be harmful to us;
2.3 Banned Scripts
We
do not allow the use of the following scripts on our servers:
- UltimateBBS
- IkonBoard
- YABB Forum (CGI Version)
- Proxy Scripts
- IRC Scripts
- Anonymizer
- Chat Rooms
- HiveMail and similar email provisioning scripts.
- phpShell and similar command execution scripts
Billing
3.1 Payment
Unless otherwise indicated in the quotation or separate written
agreement of the customer and us, payment for services is due net 30 days from
our invoice date. We may change
credit or payment terms at any time should customer’s financial condition or
previous payment records so warrant.
3.2 Invoices
All
invoice notifications will be sent to the customer's email and a printed version
posted to the customer.
3.3 Retention of title
We will retain title to services until payment is made in full.
3.4 Suspension
We
reserve the right to suspend any provision of services after payment is due. Any added time for payment will be at our
sole discretion.
3.5 Currencies
All invoices and payments are processed in GB Pound Sterling (£) . Prices shown in any other currencies on this website or other promotional material is to be treated as a guide only and may be inaccurate due to changes in the exchange rates. All customers are advised to check amounts using accurate recent exchange rates before ordering.
3.6 Delivery
Unless otherwise indicated in the order or separate written agreement of the customer and us, the services will be delivered to the customer billing address and email address.
3.7 Acceptance
Our services will be deemed accepted by the customer, unless the customer notifies us in writing within 7 (seven) days of delivery.
Backups
4.1 Regularity and Policy
We make backups on a regular basis, however no guarantees are made of any kind as to the integrity of these backups. All customers are strongly advised to regularly download their own backups from their host control panel where a zipped archive is provided daily of all account files and databases.
Resource Use
5.1 CPU & Memory
All
accounts are monitored for their use of server resources. If any account is
using a high amount of server resources we will contact the customer to discuss
the issue with them. In serious cases where an account is using a considerably
large amount of system resources (memory, CPU etc.) the account may be suspended
or script disabled without notice to maintain the smooth running of the server.
5.2 Data Transfer and Web space Allocations
Customers can request a package upgrade or temporary resource increase at the costs available to view on our website. It is the sole responsibility of the customer to contact us in advance of requiring extra resources to prevent account suspension.
Customer Responsibility
6.1 Contact Information
The
customer is responsible for keeping their contact details up to date with their
host control panel. We cannot be held responsible for communication mix-ups as a
direct result of the customer's failure to update their details.
6.2
Customers are responsible for keeping their usernames, passwords and other sensitive data safe. If a breach is suspected, the customer is required to request a change of login details by contacting us.
Suspension Procedure
7.1
If
a breach of these terms and conditions is found we will, at our sole discretion,
determine whether it is a serious or minor breach. If a serious breach of these
terms is found we reserve the right to suspend the account's) of the customer in
question or disable any part of the account before contacting them. We will
however make an attempt to contact the customer prior to suspension in the event
of a minor breach using the email address we have on record for your account. If
no reply is received within 3 days we will escalate the status of the breach to
a serious breach and may suspend the account(s).
Limitation of Liability & General Terms
8.1
We
are not responsible for any claimed damages, which may result from our servers
going offline, or being unavailable for any reason. This includes damages which
may result from the corruption or deletion of data. The customer agrees to
indemnify and hold our employees and us harmless from any claims, damages,
including but not limited to consequential damages resulting from the use of the
service which damages the customer or any other party.
8.2
We
will cooperate fully with investigations of violation of systems or network
security at other sites and will cooperate with law enforcement authorities in
the investigation of possible criminal violations. Customers who violate these
terms may incur in criminal or civil liability.
8.3
We will be the sole arbiters as to what constitutes a violation of these terms and conditions. The failure by a customer to meet or follow any of the above terms and conditions is grounds for service suspension or deactivation. We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this you will be entitled to a pro rata refund based upon the remaining period of prepayment.
Domain Name Registration
9.1
We
make no representation that the domain name you wish to register is capable of
being registered by or for you or that it will be registered in your name. You
should therefore not assume registration of your requested domain name(s) until
you have been notified that it has or they have been registered. Any action
taken by you before such notification is at your risk.
9.2
The
registration and use of your domain name is subject to the terms and conditions
of use applied by the relevant Registry; you shall ensure that you are aware of
those terms and conditions and that you comply with them.
9.3
By
registering a .uk domain name, you enter into a contract of registration with
Nominet UK on the terms and conditions published at http://www.nominet.org.uk/nominet-terms.html.
9.4
You
shall have no right to bring any claim against us in respect of any refusal to
register a domain name by the relevant registration authority.
9.5
Any
administration charge paid by you to us shall be non-refundable notwithstanding
refusal by the Registry to register your desired name.
9.6
We
shall have no liability in respect of the use by you of any domain name; any
dispute between you and any other person must be resolved between the parties
concerned in such dispute. If any such dispute arises, we shall be entitled, at
our discretion and without giving any reason, to withhold, suspend or cancel the
domain name. We shall also be entitled to make representations to the relevant
Registry but will not be obliged to take part in any such dispute.
9.7
We shall not release any domain to another provider unless full payment for that domain has been received by us.
Modification
10.1
We reserve the right to add, delete, or modify these Terms and Conditions, our services at any time with notice communicated via WWW with an announcement in the www.netwebsupport.co.uk website. All customers are encouraged to check this site at least once a month to ensure they are aware of any changes.
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