
Please ensure you read the terms of use statement before ordering or registering.
Overview
.COM Web Hosting Services does 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 .COM Web Hosting Services.
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.
Virtual Server Web Space
Commercial use of web space is permitted.
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 7 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 ,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
Web hosting accounts
include a certain amount of bandwidth, if you exceed this amount
in any one month your account will be deactivated until you have
upgraded to an account that has more bandwidth included or until
the start of the following month. Your bandwidth usage is shown
in the Control Panel.
3.4
Web hosting accounts that host file
distribution (including but not limited to music, video and software)
are limited to a maximum bandwidth of 25 GB per month for file
distribution.
3.5
Should your account use more than
5% of the servers processing power and as a result have a detrimental
effect on other customers we will discuss with you alternative
solutions for your hosting requirements.
3.6
Web hosting accounts are prohibited from hosting hardcore pornographic
material, hosting graphics or scripts for other websites, storing
pages, files or data as a repository for other websites or as a
backup, giving away web space under a domain.
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.
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.
8.3 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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