Web Design Hosting & Management for Small Business
33 Manor Way
Tel; 05600 650258
TERMS OF SERVICE
Where the context admits: "We", "Us" and "Our" includes Marleyman, MarleymanDesignStudio, MARLEYMANDESIGNSTUDIO or MDS of: 33 Manor Way, Heamoor, Penzance, Cornwall, TR18 3HY United Kingdom or any party acting on MarleymanDesignStudio’s implicit instructions.
"You" includes the person purchasing the Services or any party acting on the customer's instructions.
"The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions.
"The Registry" the relevant domain names Registry.
"Server" means the computer server equipment operated by the host in connection with the provision of the Services.
"Web Site" means the area on the Server allocated to you for use by you as a site on the Internet.
“Host” means the UK Web hosting Service provider used by MarleymanDesignStudio to provide web hosting services. Currently Storm Internet.
The relationship entered into between you and us is governed by these following terms, which shall apply during, and where necessary after, the period of the commercial relationship between you and us.
1. Domain Name Registration
1.1. 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.
1.2. 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.
1.2.1. 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/go/terms
1.3. 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.
1.4. Any administration charge paid by you to us shall be non-
1.5. 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.
1.6. We shall not release any domain to another provider unless full payment for that domain has been received by us.
2. Web Site Hosting And E-
2.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
2.2. You represent, undertake and warrant to us that you will use the hosting account allocated to you only for lawful purposes and to promptly inform us if this clause or any subclause of this clause has been breached or you become aware that they may have been breached. In particular, you represent, warrant and undertake to us.
2.2.1. you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
2.2.2. you will use the hosting account allocated to you for web hosting purposes only.
2.2.3. you will not upload, post, link to or transmit:
126.96.36.199. any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.
188.8.131.52. any material containing a virus or other hostile computer program.
184.108.40.206. any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
220.127.116.11. any material which is forbidden by Storm Internet acceptable use policy which is published at http://www.storminternet.co.uk/hosting_terms_aup.asp
2.2.4. you will not send bulk email whether opt-
2.2.5. you will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
2.2.6. an individual shared hosting package may be used for hosting one true web site only. You will not employ coded redirects or any other method that allow a secondary domain name to resolve directly to a different web site other than the primary domain's. To host multiple web sites a separate package or dedicated server must be purchased.
2.2.7. any file you store on the Server will be reachable via a hyperlink from a page on your site.
2.3. We reserve the right to remove any material which we deem inappropriate from your Web Site without notice to you.
2.4. You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including but not limited to loss, theft or unauthorised disclosure of your password or other security information.
2.5. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
2.6. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
2.7. In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
2.8. we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-
2.19. No more than one log-
3. Unlimited Use Policy
3.1 By this, we mean unlimited space for legitimate web site content. All files on a domain must be part of the active website and linked to from a legitimate page on the site. By "legitimate page" we mean a page that clearly forms an essential part of the web site and not a page constructed to get around this term. The definition of "legitimate page" will be down to our discretion. Space cannot be used as a file repository and sites will not contain any backups, downloads, or other non-
3.2. Unlimited bandwidth. This means that bandwidth is not directly monitored and you are free to use as much as your require. However this service is provided on the condition that your site does not consume excessive amounts of bandwidth to the degree that it begins to affect performance of the server or other sites hosted on the server. In the event that a server suffers performance issues, we reserve the right to suspend any site consuming excessive amounts of bandwidth or server resources that could be responsible for degrading server performance. This policy applies to shared hosting packages only and is imposed as the health of the overall server and other customer sites hosted take priority over any individual site. You should consider a dedicated server if you wish to have full control over the server at all times.
4. Service Availability
4.1. We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-
5.1. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site, errors and omissions excepted and shall be due and payable in advance of provision of the Services.
5.2. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
5.3. Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given in accordance with 6.5.
5.4. All payments must be in UK Pounds Sterling.
5.5. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25.
5.6. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled but not obliged forthwith to suspend the provision of Services to you.
6.1. We shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you If you:
6.1.1. fail to pay any sums due to us as they fall due.
6.1.2. break any of these terms and conditions.
6.1.3. are a company and you go into liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors.
6.2. We have every right and expectation to work in an atmosphere free of abuse, intimidation and harassment from our clients. Therefore, abuse towards our staff in the form of verbal or written abuse (including abuse via email) or anything else that we deem to be offensive may result in cancellation of your account with immediate effect and without compensation or refund for lost periods of service.
6.3. No refunds will be made under any circumstances for Services suspended in accordance with terms 6.1 and 6.2.
6.4. 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.
6.5. You may cancel the Services at any time. To do so you must request cancellation of the Services in writing including your account username and password. We will cancel the Services within 5 working days of receipt of your request.
6.6. During the first 14 days of Services, You are entitled to a refund of the basic hosting plan rental fee should You decide to cancel the Services. No full refunds or pro rata refunds will be made after the first 14 days of service should You decide to cancel the Services.
6.6.1. Domain name registration fees and charges for optional extras added to your account are not refundable under any circumstances.
6.6.2. You will not be entitled to a refund on this basis if you have previously held an account with Storm Internet or MarleymanDesignStudio.
6.6.3. UK domain name; the domain name registration fee will be deducted from the amount refunded to you should you request a refund within the first 14 days of opening your hosting package. You will continue to remain the legal owner of the domain name and are free to transfer this to another hosting provider should you choose to.
6.6.4. Transaction processing fees charged by banks, credit card agencies and PayPal will be deducted from the refunded amount should a refund be claimed under the 14 day money back guarantee. For payments made with a credit card or PayPal this is typically 4.5% of the total transaction amount. There is no deduction for refunds issued to debit cards.
6.7. Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
6.8. On termination of this Agreement or suspension of the Services we shall be entitled immediately to stop access to your Web Site and to remove all data located on the Server.
7.1. You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to You and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-
8. Limitation Of Liability
8.1. All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable under UK law, subject always to sub clause
8.2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
8.3. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
8.4. In any event no claim shall be brought unless you have notified us of the claim within one month of it arising.
8.5. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
9.1. Any notice to be given by either party to the other may be sent by either email or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
10.1 Any forbearance or failure by us to enforce a contractual provision to which you are subject shall not affect our right to require such performance at any subsequent time, nor shall the waiver or forbearance by us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.
11.1. This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the exclusive jurisdiction of the English courts.
11. Entire Agreement
11.1. These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you confirm that you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
12.1 Your acceptance of these Terms and Conditions are presumed when you order services from MarleymanDesignStudio.