Hosting Terms and Conditions
W3 Web Designs Ltd provides World Wide Web page hosting. W3 Web Designs Ltd reserves the right to suspend or cancel a customer's access to any or all services provided by W3 Web Designs Ltd when W3 Web Designs Ltd decides that the account has been inappropriately used or otherwise. We reserve the right at any time to access, amend, remove or delete any or all data stored on our servers without your prior consent. When your account is closed, all files (including web pages, etc.) will be deleted. We reserve the right to cancel your account at any time without notice. To protect your privacy we never distribute your name or e-mail address to any third parties, unless instructed to do so by order of a Court.
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. You must not divulge your username or password to any other person, and you should take reasonable precautions to ensure that other people do not discover it. Customers may however resell our Reseller packages. W3 Web Designs Ltd reserves the right to refuse service and/or access to its servers to anyone.
W3 Web Designs Ltd do 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 Federal, State or Local regulation.
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 W3 Web Designs Ltd.
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.
Gaming websites - Includes pirated software, software downloads etc., and encrypting of any of the above.
UNLIMITED USE POLICY
High bandwidth usage: W3 Web Designs Ltd offers an unlimited use policy on its web hosting packages by maintaining very large ratios of bandwidth per customer. In rare cases, W3 Web Designs Ltd may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, W3 Web Designs Ltd 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 utilization. W3 Web Designs Ltd may implement the following policy to its sole discretion: When a website is found to be monopolising the resources available W3 Web Designs Ltd reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.
All accounts are set up on a prepay basis. Although W3 Web Designs Ltd reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year or month following the date the account was established. Customers will automatically be invoiced again at the end of their prepay period unless closure notification has already been given.
In situations where payment is not received W3 Web Designs Ltd will immediately suspend the facility to purchase services on-line until the outstanding payment is received. In addition, W3 Web Designs Ltd reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer requests cancellation.
All payments are in UK sterling.
In order to streamline our accounting procedures and keep costs down W3 Web Designs Ltd runs a cheque payment option.
Cheque Payment: This option is only available customers who pay annually. W3 Web Designs Ltd cannot guarantee that a service will be provided until after any received cheque/s have been cleared.
CANCELLATION AND REFUNDS
W3 Web Designs Ltd reserves the right to cancel the service at any time. In this event customers will be entitled to a pro-rata refund based upon the remaining period of service. If a customer contravenes W3 Web Designs Ltd's terms of service a refund will not be issued in the event of a cancellation. Customers may cancel their account at any time. Any incentives offered to customers when opening the account will also be cancelled. No refunds will be given.
Either the customer or W3 Web Designs may terminate this agreement after the initial period or at any time thereafter by giving 30 days notice in writing. Notices to W3 Web Designs must be addressed to Glendalough House, Spring Gardens, Whitland, Carmarthenshire, SA34 0HR. Notices to the Customer will be considered validly given if addressed to the Customer’s address as shown on the Application or such other address as advised by the Customer in writing. The Customer shall not be entitled to terminate this Agreement until all payments due to W3 Web Designs have been paid in full.
HOSTING TRANSFERS & COPYRIGHT
W3 Web Designs will not upload any project work to a third party hosting server until full payment has been made and it has been agreed beforehand that your website will be hosted on a 3rd party server. Where a website hosted with W3 Web Designs is to be transferred to another hosting company, a transfer out fee shall be payable before transfer is arranged. By signing this agreement, you agreed to the hosting terms and conditions, which are available to download off the W3 Web Designs website or via email on request. Copyright of all designs designed by W3 Web Designs Ltd remains the property of W3 Web Designs Ltd and will incur a fee of £100.00 per page with a minimum fee of £500.00 should you wish to own the copyright of any or part of the designs.
Any content removed without our permission will incur a fixed penalty fee of £2000.00.
The customer agrees that it shall defend, indemnify, save and hold W3 Web Designs Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against W3 Web Designs Ltd, 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. The customer agrees to defend, indemnify and hold harmless W3 Web Designs Ltd against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with W3 Web Designs Ltd's servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from W3 Web Designs Ltd's server.
W3 Web Designs Ltd will not be responsible for any damages your business may suffer. W3 Web Designs Ltd makes no warranties of any kind, expressed or implied for services we provide. W3 Web Designs Ltd disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by W3 Web Designs Ltd, its employees, suppliers, customers or any third party. W3 Web Designs Ltd reserves the right to revise its policies at any time.