| Scarborough Web Design Website hosting & web design provides web page hosting & web design
around the world. Scarborough Web Design reserves the right to
suspend or cancel a customer's access to any or all services provided
by Scarborough Web Design at any time, or when Scarborough Web
Design decides that the account has been inappropriately used
or otherwise.
Definitions
"We" "Us" "Provider" or "Scarborough
Web Design" refers to Scarborough Web Design; and "You"
"Your" "Client" or "Customer" refers
to each person or entity who applies for hosting & web design service or is
a designate of any one who applies for hosting & web design service with Scarborough
Web Design.
Server Use
Scarborough Web Design reserves the right to refuse service and/or
access to its servers to anyone. Scarborough Web Design does not
allow any of the following content to be stored on its servers:
Illegal Material - This includes copyrighted works, commercial
audio, video, or music files, and any material in violation of
any regulation or material that is perceived to be misleading.
Adult Material - Includes all pornography, erotic images, or otherwise
lewd or obscene content. The designation of "adult material"
is left entirely to the discretion of Scarborough Web Design.
Warez - Includes pirated software, ROMS, emulators, phreaking,
hacking, password cracking. IP spoofing, etc., and encrypting
of any of the above. Also includes any sites which provide "links
to" or "how to" information about such material.
Bandwidth Usage
Scarborough Web Design offers high data transfer. In rare cases,
Scarborough Web Design 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, Scarborough Web Design 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.
Scarborough Web Design may implement the following policy to its
sole discretion:
When a website is found to be utilising excessive data transfer
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, Scarborough Web Design 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,
Scarborough Web Design 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.
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"). Scarborough
Web Design will monitor Customer's bandwidth and disk usage. Scarborough
Web Design 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 Scarborough Web Design's
sole and absolute discretion. If Scarborough Web Design 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,
Scarborough Web Design may, at its sole discretion, send an invoice,
in an amount determined by Scarborough Web Design.
Spam And Unsolicited Commercial Email (UCE)
SPAM and Unsolicited Commercial Email (UCE): Scarborough Web Design
takes a zero tolerance approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over our network. Very simply this
means that customers of Scarborough Web Design may not use or
permit others to use our network to transact in UCE. Customers
of Scarborough Web Design may not host, or permit hosting & web design of,
sites or information that is advertised by UCE from other networks.
Violations of this policy carry severe penalties, including termination
of service.
Violation of Scarborough Web Design SPAM policy (above) will
result in severe penalties. Upon notification of an alleged violation
of our SPAM policy, Scarborough Web Design will initiate an immediate
investigation (within 48 hours of notification). During the investigation,
Scarborough Web Design may restrict customer access to the network
to prevent further violations. If a customer is found to be in
violation of our SPAM policy, Scarborough Web Design may, at its
sole discretion, restrict, suspend or terminate customer's account.
Further, Scarborough Web Design reserves the right to pursue civil
remedies for any costs associated with the investigation of a
substantiated policy violation. Scarborough Web Design will notify
law enforcement officials if the violation is believed to be a
criminal offense.
PLEASE, DO NOT SPAM from your account. You will get black listed!
Fraud
Fraudulent activity: Use of Scarborough Web Design`s service to
make fraudulent offers to sell or buy products, items, or services,
or to advance any type of financial scam such as "pyramid
schemes," "ponzi schemes," and "chain letters."
This will constitute a breach of our Terms and Conditions, and
will result in your account being suspended or removed.
Payment Policies
All accounts are set up on a prepay basis. All pricing is guaranteed
for the term of prepayment. Scarborough Web Design reserves the
right to change prices at any time & implement these at the
begining of next hosting & web design period. Payment is due each anniversary
year following the date the account was established (depending
on account opened). If for any reason the payment does not arrive
in PRIOR or 5pm est of due date, the account is subject to suspension.
Any fees occured by Scarborough Web Design to obtain money owed
will be paid by customer/account holder. Any account not brought
current within a week of e-mail notice or exceeding this time
frame in any way is subject to suspension. The customer is responsible
for all money owed on the account from the time it was established
to the time that the customer notifies Scarborough Web Design
in writing for a request for termination of services. All payment
is in British Pound currency or as agreed separately.
Scarborough Web Design shall be entitled to vary the Charges from
time to time with effect from the date specified in an Amendment
Notice. Scarborough Web Design shall issue an Amendment Notice
no later than 4 weeks prior to the date that any variation of
the Charges shall come into force.
The Customer shall no later than 4 weeks from the date of deemed
receipt of the Amendment Notice send a counter notice to the Company
accepting or rejecting the terms of the Amendment Notice. In the
event that the Customer specifies in the counter notice acceptance
of the terms of the Amendment Notice or fails to send a counter
notice within the specified period then the terms of the Amendment
Notice shall apply as from and including the date specified in
the Amendment Notice and this agreement for Services shall be
deemed to be varied accordingly. In the event that the counter
notice rejects the terms of the Amendment Notice then until such
date as this Agreement has been terminated in accordance with
this clause the Customer will be charged the Charges as varied
from and including the date in the Amendment Notice. Upon receipt
of the Amendment Notice the Customer has the right to terminate
this Agreement with effect from the date in the Amendment Notice,
such notice of termination to be received by the Company no later
than 14 days before the date in the Amendment Notice.
Email
All cheque & direct debit payments made to Scarborough Web
Design are confirmed by email. Users accept that Scarborough Web
Design will notify of payment and issue an email if payment has
failed, any fees from bounced cheques will be paid by customer.
Invoices are dispatched by email. In order to keep users notified
of impending service alterations important to the running of their
account, Scarborough Web Design will occasionally communicate
in this manner, and the users accepts this is normal policy.
Cancellation
Scarborough Web Design reserves the right to cancel service at
any time. Customers can cancel service any time, but must complete
the cancellation form, before the next billing period is due.
All cancellations must be received via the cancellation form,
located at our partner website - http://www.qld.cc/cancellation.html
Phone requests will not constitute acceptance of any cancellation.
Cancellations will be processed within 24 hours of processing,
and the account will then be removed from the server. For information
on refunds please see the heading "Refunds".
The Customer will be responsible for transfering files to new
server, any assistance from Scarborough Web Design will attract
a service fee.
If an account is cancelled by us for non payment, then a fee of
£33 will apply per domain name to release this to your new Registrar.
Renewals
Your account will be automatically renewed on the anniversary
date of your account under the same fee structure, unless you
give written notice to Scarborough Web Design ten (10) days before
the renewal date that you do not wish to renew such account. An
invoice will be emailed & must be paid by due date, if notpaid
by due date 5pm site will be disabled until payment has been received
& processed.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold
Scarborough Web Design (for clarification, a service by Scarborough
Web Design) harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable legal fees asserted against
Scarborough Web Design, its agents, its customers, officers and
employees, that may arise or result from any service provided
or performed or agreed to be performed or any product sold by
customer, its agents, employees or assigns. Customer agrees to
defend, indemnify and hold harmless Scarborough Web Design against
liabilities arising out of; (1) any injury to person or property
caused by any products sold or otherwise distributed in connection
with Scarborough Web Design servers; (2) any material supplied
by customer infringing or allegedly infringing on the proprietary
rights of a third party; (3) copyright infringement; (4) any defective
products sold to customer from Scarborough Web Design servers,
and (5) any statements made within information or pictures held
on our servers that may be seen as unsuitable, defamatory, misleading
or libelous in any way.
Refunds
Scarborough Web Design will refund to you the prepaid fees for
basic hosting for the full months remaining after effectiveness
of cancellation, less any prior fees, charges, setup charges,
and an early cancellation fee of £44. Accounts that are
terminated by Scarborough Web Design will not receive any refund.
All cancellations must be received via the cancellation form http://www.qld.cc/cancellation.html
as per the deadlines indicated. Phone requests will not constitute
acceptance of any cancellation. Refunds will be issued back to
your account within 7-10 business days from your cancellation
date. Transfers, renewals, add-ons, and SSL certificates are non
refundable.
Refunds cannot be applied to another account held with us.
Account
Accounts contain all projects that have been requested by client
for Scarborough Web Design Ltd to complete. Client can only open
one account and all invoices are sent under that one account.
All projects remain the property of Scarborough Web Design Ltd
until account is fully paid. We do not distinguish between
payments made for particular services and any seriously overdue
amount owed will result in account suspension.
Backup Files
Scarborough Web Design will make every reasonable effort to protect
and backup data for Client on a regular basis, however Scarborough
Web Design does not guarantee the existence, accuracy, or regularity
of its backup services and, therefore, Client is responsible for
making back-up files in connection with its use of the Services.
There is a one time fee of £125 for our Administrator to retrieve
clients back-up files. Client is solely responsible for independent
backup of data stored on Providers server and network.
Limitation Of Liability
You agree that Scarborough Web Design will not be responsible
for any losses that may incur where Services are accessed by third-parties
through illegal or otherwise unauthorized means, including but
not limited to situations where data is accessed through the exploitation
of security gaps, weaknesses or flaws (whether known or unknown
to Scarborough Web Design at the time) which may exist in the
Services or in Scarborough Web Design equipment used to provide
the Services.
Under no circumstances will Scarborough Web Design be liable for
any consequential, indirect, incidental, special or punitive damages,
or loss of profits, revenue, data or use by Customer, any of its
customers, or of any other third party, whether in an action in
contract or tort or strict liability or other legal theory. Scarborough
Web Design will not be liable to Customer, any of its customers,
or any other third party, for any loss or damages that result
or are alleged to have resulted from the use of or inability to
use the Services, or that results from mistakes, omissions, interruptions,
deletion of files, loss of data, errors, viruses, defects, delays
in operations, or transmission or any failure of performance,
whether or not limited to acts of God, communications failure,
theft, destruction or unauthorized access to Scarborough Web Design
records, programs, equipment or services.Notwithstanding anything
to the contrary in this Agreement, Scarborough Web Design's maximum
liability under this Agreement for all damages, losses, costs
and causes of actions from any and all claims (whether in contract,
tort, including negligence, quasi-contract, statutory or otherwise)
will not exceed the actual amount paid by Customer for the Services
which gave rise to such damages, losses and causes of actions
during the 12-month period prior to the date the damage or loss
occurred or the cause of action arose.This limitation of liability
reflects an informed, voluntary allocation between the parties
of the risks (known and unknown) that may exist in connection
with this Agreement. The terms of this Section will survive any
termination of this Agreement.
Disclosure Of Customer Information And Legal Process
Although Scarborough Web Design maintains strict confidentiality
on Customer's information, there are certain exceptions in which
Scarborough Web Design may disclose information in its possession,
including but not limited to information about the Customer's
internet transmissions and website activity in order to comply
with court order, subpoena, discovery request, warrant, statute,
regulation or official governmental requests. Scarborough Web
Design has no obligation to notify Customer about whom the information
is sought or that Scarborough Web Design has provided the information.
Customer acknowledges the above exceptions and agrees to them
without reservation.
Assignment
Customer will not have the right to assign this Agreement without
the prior written consent of Scarborough Web Design.
Entire Agreement Severability
This Agreement represents the entire agreement between the parties,
and supersedes all previous representations, understandings or
agreements. If any provision of this Agreement is held by a court
of competent jurisdiction to be invalid, unenforceable, or void,
the remainder of this Agreement will remain in full force and
effect.
Customer hereby represents that he, she or it, is either an individual
entering this Agreement for his or her personal use and is over
18 years of age, or is a corporation other legal corporate entity,
duly organized, validly existing and in good standing under the
laws of the state of its organization and the person acting on
behalf of Customer is duly authorized to accept, execute and deliver
this Agreement on behalf of Customer.
Scarborough Web Design reserves the right to revise its policies
at any time. |
