Affordable Website Design Hosting Terms & Conditions
Last Updated - 31st August 2004
These terms do not affect your statutory rights.
Affordable Website Design provides World Wide Web page design, hosting and email. Affordable Website Design reserves the right to suspend or cancel a customer's access to any or all services provided by Affordable Website Design at any time, or when Affordable Website Design decides that the account has been inappropriately used or otherwise.
"We" "Us" "Provider" or "Affordable Website Design" refers to Affordable Website Design; and "You" "Your" "Client" or "Customer" refers to each person or entity who applies for internet service or is a designate of any one who applies for internet service with Affordable Website Design.
Servers are provided either via our own dedicated server leased from Servstra.com and Site2You. Affordable Website Design is obliged to observe their terms of service and reserves the right to refuse service and/or access to its servers to anyone. Complete-Host 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.
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.
Site2You Terms of Service differ in that audio, video and other music files are allowed Read More
In rare cases, Affordable Website 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, Affordable Website 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. Affordable Website Design may implement the following policy to its sole discretion: When a website is found to be surpassing their data transfer limit per month 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, Affordable Website 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, Affordable Website 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 (the "Agreed Usage"). Affordable Website Design will monitor Customer's bandwidth and disk usage. Affordable Website 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 Affordable Website Design`s sole and absolute discretion but clients will be contacted to discuss the situation prior to any disconnection. If Affordable Website 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.
SPAM AND UNSOLICITED COMMERCIAL EMAIL (UCE)
SPAM and Unsolicited Commercial Email (UCE): Affordable Website 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 Affordable Website Design may not use or permit others to use our network to transact in UCE. Customers of Affordable Website Design 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. Violation of Affordable Website Design's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Affordable Website Design will initiate an immediate investigation (within 48 hours of notification). During the investigation, Affordable Website 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, Affordable Website Design may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Affordable Website Design reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Affordable Website Design will notify law enforcement officials if the violation is believed to be a criminal offense.
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 Affordable Website Design personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account. As our Customers are ultimately responsible for the actions of their clients over the network, it is advisable that Customers develop a similar, or stricter, policy for their staff or clients who have access to their mailing and hosting services.
All accounts are set up on a prepay basis. All pricing is guaranteed for the term of prepayment. Affordable Website Design reserves the right to change prices at any time. Payment is due each anniversary month, year or period following the date the account was established (depending on account opened). If for any reason the payment does not arrive in time, the account is subject to suspension. 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 Affordable Website Design in writing for a request for termination of services. All payment is in the currency chosen at the time of order. The customer is also liable for the Nominet or NIC fees on domains and will be invoiced seperately by their registrar (see further conditions relating to domains).
Fees and Payment
We have the right to disable any account for any reason we see fit, such as a site we may view as offensive or abusive. Please see below for a list of these violations. There shall be no additional costs to the customer unless otherwise stated.
Paid accounts will be cancelled if certain circumstances apply. These conditions are customer request, non-payment, insufficient bank funds, incorrect/invalid credit card information, or a violation of these terms and conditions. The customer will be notified of changes in our hosting policy prior to the change taking effect.
AWDESIGN offers several account packages at various prices. Custom package options are available upon request. The costs and availability of the standard packages are detailed in the Pricing Section of the AWDESIGN website. Customers have the option of paying monthly, quarterly, semi-annually or yearly depending on the package and services provided.
Domain registration packages
All domain registration fees are 100% non-refundable without exception as a domain name CAN NOT be UNREGISTERED once it has been registered and there is a cost incurred by AWDESIGN during the registration of all domain names. All domain names are registered for a period of one year. Once you have bought a domain name, that domain name becomes your property. The domain registration fee entitles you to one domain registration for one year. There shall be no additional costs to the customer for a period of one year after commencement of service. Your domain name will always remain your property as long as you maintain the yearly registration fee; however, AWDESIGN will lock your domain name for the first thirty days of service to our servers and your account respectfully. The DNS settings to the server are provided on request.
All AWDESIGN clients using the website design or maintenance services, get priority telephone support and a dedicated email contact address (times/details provided during design consultation) whilst SiteBuilder customers get email support through the ‘contact me’ page or through their control panel.
Terms and Termination
1. When you sign up for the services provided by AWDESIGN, this agreement shall become applicable and effective.
2. AWDESIGN reserves the right to terminate this agreement and the customer's site due to any breach of the provisions stipulated herein. The decision to terminate an account shall be left to the sole discretion of AFFORDABLE-WEBSITE-DESIGN.ME.UK and AWDESIGN.ME.UK shall not be compelled to give reasons for any actions taken in this respect. AWDESIGN shall have no obligation to refund any fees that are clearly stated to be non-refundable. We reserve the right to delete any site deemed unacceptable for any reason without prior notice. AWDESIGN reserves the right to go into any account to check for violations of these terms of service and may at anytime without prior notice suspend an account. This is for auditing purposes. AWDESIGN may allow any of its security staff access to the accounts to make sure things are running smoothly and properly.
3. The customer may terminate the services at any time by contacting AWDESIGN via email or telephone after confirmation of identity.
4. SiteBuilder customers will be responsible for their own web site development, operation and maintenance.
5. Clients using our design and maintenance services will be responsible for ensuring all logos, images, files and audio/media are their own original work or copyright free material prior to requesting addition to their website.
6. Clients will be solely responsible for all products, contents and materials appearing online or on their web site.
7. Clients will be responsible for the accuracy and appropriateness of content and materials appearing on their web site.
8. Clients will be responsible for ensuring that the content and materials appearing on their pages do not violate or infringe upon the rights of any third parties.
9. Clients will be responsible for ensuring that the content and materials appearing on their pages are not libelous or otherwise illegal.
10. Clients will be responsible for the final calculation and application of shipping and sales tax and for accepting, processing, filling and shipping any customer orders or any other e-commerce transactions that they may be engaging in.
11. Clients will be responsible for the security of any customer credit card numbers and related customer information that are obtained or accessed as a result of conducting electronic commerce via their Site and to keep all such information confidential and to exercise the same degree of care and security standard in the industry.
12. Clients of Affordable Website Design Managed Hosting may not run CGI or Perl forums or portals, YaBB software, or Ikonboard software or account suspensions will occur, (some php forums are allowed).
13. Accounts will not be used as a file storage facility or the accounts will be terminated.
14. Accounts found with IRC Chat programs or Chat Room scripts of any kind will be suspended pending review.
Bandwidth and Disk Space
You must agree that Disk Space usage and Data Transfer shall not exceed the number of megabytes per month for the services we offer. This usage shall be monitored and measured by AWDESIGN. Any Disk Space or Data Transfer usage in excess of the agreed upon number of megabytes per month may result in corrective action by AWDESIGN, Action is at sole discretion of AWDESIGN and includes disconnection or discontinuance of any and all services, or termination of this Agreement. Clients may upgrade their disk space and bandwidth, prices available on request.
Affordable Website Design does not accept responsibility nor does it make any warranty that the domain names(s) requested by the Customer will be accepted for registration in the register of the Naming Organisation nor will it be liable for any costs of the Customer incurred if the application for Registration is unsuccessful. The Company does not accept responsibility for any liability to third parties for breach of their Intellectual Property Rights in relation to the domain name(s) requested by the Customer. New domain names are registered by Affordable Website Design in customers' names, however renewal of these domains remains the responsibility of the customer. Customers should take steps to note the renewal date of their domain name and ensure action is taken to pay for any renewal costs before the domain registration period terminates. Affordable Website Design accepts no responsibility for the renewal of domain names and subsequent loss of business nor related liability resulting in a domain name not being renewed.
All payments made to Affordable Website Design are confirmed by email. Users accept that Affordable Website Design will notify them at least one week before payment is due, notify of payment and issue an email if payment has failed. Invoices are dispatched by email. In order to keep users notified of impending service alterations important to the running of their account, Affordable Website Design will occasionally communicate in this manner, and the users accepts this is normal policy.
Affordable Website Design reserves the right to cancel service at any time. Customers can cancel service any time but must give fifteen (15) days notice before the next billing period is due. All cancellations must be received in writing as per the deadlines indicated; regular mail and e-mail notifications are acceptable. Phone requests will not constitute acceptance of any cancellation. Cancellations will be processed by our staff every Monday. For information on refunds please see the heading "Refunds". The Customer shall be responsible for renewing the Registration of his/her domain name(s) and finding a new host for the respective domain name(s).
Your account will be automatically renewed fourteen (14) days prior to the due date of your account under the same fee structure, unless you give written notice to Affordable Website Design fifteen (15) days before the renewal date that you do not wish to renew such account.
Customer agrees that it shall defend, indemnify, save and hold Affordable Website Design (for clarification, a service by Affordable Website Design) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Affordable Website 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 Affordable Website Design against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Affordable Website Design's 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 Affordable Website Design's 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 will be given at the discretion of Affordable Website Design.
Affordable Website Design will make every reasonable effort to protect and backup data for Client on a regular basis, however Affordable Website 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 £100 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 Affordable Website 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 Affordable Website Design at the time) which may exist in the Services or in equipment used to provide the Services.
Under no circumstances will Affordable Website 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. Affordable Website 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 Affordable Website Design's records, programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement, Affordable Website 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 dollar 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.
Affordable Website Design will not be liable for failure or delay in performing it obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
DISCLOSURE OF CUSTOMER INFORMATION AND LEGAL PROCESS
Although Affordable Website Design maintains strict confidentiality on Customer's information, there are certain exceptions in which Affordable Website 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. Affordable Website Design has no obligation to notify Customer about whom the information is sought or that Affordable Website Design has provided the information. Customer acknowledges the above exceptions and agrees to them without reservation.
Customer will not have the right to assign this Agreement without the prior written consent of Affordable Website 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.
Affordable Website Design reserves the right to revise its policies at any time.
AWDESIGN. reserves the right to amend the services offered and add, delete, suspend or modify the terms and conditions of the services set forth in this Agreement, at any time, and to determine whether and when, at its sole discretion, any such changes apply to both existing or future members.
This service is provided for both businesses and private home users. AWDESIGN is not responsible for the content of any web page hosted by AWDESIGN. The opinions and views expressed in AWDESIGN hosted pages do not necessarily reflect those of AWDESIGN. The contents of the web pages hosted on SITEBUILDER are not reviewed in any way before they appear on the web page; however, sites are routinely reviewed for any violations of these terms of service. As the author of web pages hosted by AWDESIGN, you take full responsibility for their contents. Do not use the web space provided by AWDESIGN to provide material that is grossly offensive to the web community, including, but not limited to, blatant expressions of bigotry, racism, hatred, profanity or for promoting or providing instructional information about illegal activities or promoting physical harm or injury against any group or individual.
AWDESIGN services shall only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited.
AWDESIGN hosted pages cannot contain, or provide links to, materials that AWDESIGN, in its sole discretion, may consider illegal or offensive, including, but not limited to:
AWDESIGN hosted pages cannot contain CGI forums and or portals, nor may they contain YaBB (Yet another Bulletin Board), also not allowed is Ikonboard.
Copyrighted material not belonging to you -- for example, music, images, software or video -- unless you have the prior consent of the copyright owner;
Trademarked material not belonging to you -- for example, word marks, design marks or a combination thereof -- without prior consent of the trademark owner;
Adult material -- pornography, nudity, sex or any other material that would commonly be considered "indecent" or "appealing to the prurient interest;"
Pyramid or Ponzi schemes;
Insults to other persons or companies, including but not limited to: material that is obscene, threatening, harassing, libelous or in any way a violation of intellectual property laws.
Members shall not use their AWDESIGN-hosted web pages to conduct the following activities:
Sell weapons or promote the use thereof;
Send bulk/spam e-mail from a AWDESIGN, DHOSTING.COM OR SITE2YOU server, or sending such e-mail with any of these web sites listed as the contact address;
Send mass/spam news postings;
Advertise or distribute software or services that may contribute to news or e-mail spamming;
Host a banner exchange;
Disclose the trade secrets of any other entity or individual;
Use patented materials without the prior consent of the patent owner;
Host WAREZ, CRACKS and/or SERIALZ on AWDESIGN systems or accounts; or
Conduct any other activities, that AWDESIGN determines, in its sole discretion, to be illegal or an unreasonable drain on system resources.
It is impermissible to use our servers for the following purposes:
To launch malicious attacks on other servers including, but not limited to, denial of service attacks, mail bombs, hack attacks, spamming, port scanning or port probing;
To connect directly to external servers using, for example, Internet Relay Chat (IRC), port scanning or any other unauthorized connection;
To open sockets of any kind including but not limited to ICQ, IRC;
To provide CGI for any third party;
To act as a file repository or to serve files for other sites; or
To conduct any other activity that AWDESIGN determines, in its sole discretion, to be an improper use of the AWDESIGN hosting service.
AWDESIGN reserves the right to terminate your AWDESIGN account or remove any page it determines, in its sole judgment, is in violation of any provision of this Agreement.
No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
Any abuse towards any Affordable Website Design employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner.
When emailing Affordable Website Design refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at Affordable Website Design or it's employees shall be considered a violation of this TOS.
Any threat; whether verbally, orally, written, or delivered by second parties directed towards Affordable Website Design or any of it's employees, partners, equipment, and concerns shall be construed as a violation of this TOS.
Any conduct viewed as violating this section shall be considered a violation of this TOS. Affordable Website Design will be the sole arbitrator in regards to what is deemed a violation.
No refunds shall be given when the contents of this section necessitates removal of the account.
Any communication or material you transmit to AWDESIGN by electronic mail or otherwise, including but not limited to any data, comments, suggestions, and the like, will be treated as confidential. Files or Data you transmit or post will not be used by AWDESIGN for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting without your prior permission with the exception of comments, suggestions and testimonials which are treated as non-confidential and non-proprietary and may be used on the AWDESIGN website. We will never sell or release your name, email or other personal information.
Disclaimer of Warranties
Client understands that the Internet and other various networking communication mediums are not secure, unless explicitly specified as such, and may be subject to interception or loss. AWDESIGN makes no warranties of any kind, neither expressed, implied nor statutory, concerning the data or information available through the AWDESIGN hosting network or the Internet. AWDESIGN services are provided on an "AS IS" basis. AWDESIGN makes no representations or warranties of any kind, express or implied, including without limitation:
-THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT;
-THAT THE HOSTING SERVICES WILL MEET YOUR REQUIREMENTS OR WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;
-ANY IMPLIED WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE; AND
-ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF AWDESIGN
-TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AWDESIGN DISCLAIMS ANY AND ALL SUCH WARRANTIES.
Limitation of Liabilities
IN NO EVENT SHALL AWDESIGN BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OF SERVICE AGREEMENT, THE HOSTING SERVICES, OR THE INABILITY TO USE THE HOSTED SITE.
AWDESIGN'S LIABILITY TO THE CLIENT FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL BE STRICTLY LIMITED TO A MAXIMUM OF THE FEES PAID.
AWDESIGN, IT’S OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM THE USE OF THE HOSTING SERVICES, CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING, MAINTAINING OR DELIVERING THE SERVICES. AWDESIGN, IT’S OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES.