Web Hosting Terms & Conditions


These are the only terms and conditions under which we are willing to provide services to you.  By clicking on your acceptance of these terms you agree to be bound by them.

We are:   
We Are Demon / Demon Website Design

Our address is:

York House
41 Baker Street,
Hull.
East Riding Of Yorkshire.
HU2 8HP

Our Web site is:
www.wearedemon.co.uk

Our e-mail address is:
info@wearedemon.co.uk

You are:
Anyone who pays us for our services


The terms and conditions

  1.  Basis of contractual relationship
        
    1.1    Subject to the terms set out in this document and to your compliance with our Acceptable Use Policy (“AUP” as set out in the Schedule) we agree to provide to you some or all of the services described on our web site (“the Services”) at the prices we charge from time to time, such prices also being stated on our web site.  We now refer to the prices of services we sell to you as the “Price”.
        
    1.2    The information on our Web site is to be treated in law as an invitation to you to make an offer, and not itself an offer. Accordingly, there is no contract between us until we have accepted you as a client or customer by confirmation by letter or e-mail.
        
    1.3    We are free to refuse your order or to offer to supply you at a different price or under different conditions.
        
    1.4    This document forms the basis of the contract between us automatically upon your acceptance.
  2.  Identification of the Service
        
        You acknowledge that:
        
    2.1    You buy as a business and not as a consumer;
        
    2.2    You understand exactly what is included in the Services;
        
    2.3    You are satisfied that the Services are suitable and satisfactory for your requirements;
                        
    2.4    By agreeing to these terms you have not relied on any representation or information from any source except the definition and explanation of the Price and the Services given on our web site.
  3.  Alteration to these terms

3.1    We reserve the right to change these terms in addition to altering, removing or discontinuing any content or feature of the Web site or the Services.

3.2    Your use of the Service will be deemed as acceptance of the changes terms. We advise users to regularly check these terms and conditions over the Web site.    
    
4    Price increase
    
    The Price is set out on our Web site.  We may increase our prices at any time.  We will give you 28 days notice of any increase by email.
    
5    Payment and value added tax
    
5.1    You agree to pay the Price monthly / annually for the Services, together with value added tax at the then current rate.  If you can satisfy us that you are resident in a country not liable to value added tax, then we shall not charge it to you.
    
5.2    You may pay by direct debit, debit/credit card or cheque.  If you pay by cheque it is your responsibility to make sure cleared funds are in our account by the due date.
    
6    Late payment surcharge
    
6.1    You acknowledge that if any payment for renewal of the Services is not received in our bank by the first day of each month or the day on which it is due, we may suspend the Services and / or cancel these terms.
    
6.2    We may choose not to cancel these terms and the Services if you make an additional payment to us to cover the disruption caused by your late payment.  This payment is:
    
6.2.1    if you have not paid within 7 days of being due, the additional payment is £10;
6.2.2    if you have not paid within 14 days of being due, the additional payment is £25;
6.2.3    if you have not paid within 21 days of being due, your account will be closed and services will be discontinued.
6.2.4    After this point there will be a £75 charge for retrieval from the archive.
    
6.3    If your account is closed by us because you have not made a payment when due or because you have for any reason failed to give us notice of cancellation you now agree to pay us:
    
6.3.1    all of the Price for Services to the end of the month of cancellation, whenever that is;
6.3.2    the Price for one additional month to compensate us for your failure to give notice;
6.3.3    and you agree that these terms are reasonable.
    
    
7    Termination
    
7.1    These terms may terminate upon either of us giving the other one month’s notice in writing addressed by post to the last known land address or by email to the last known email address of the other of us.  For this and all purposes in connection with these terms, our addresses are as at the head of this document.
    
7.2    If your cancellation is to be effective, you must give us full information to enable us to identify:
    
7.2.1    who you are and
7.2.2    that you have proper authority to cancel, and
7.2.3    the Service you wish us to cancel.
    
7.3    These terms may also terminate when we terminate it, without notice, on account of your failure to comply with these terms and the AUP.
    
    
8    Money refund
    
    You are not entitled to a refund of any fees paid to us:
    
8.1    Even if you terminate these terms earlier than the contracted date, or
    
8.2    If we terminate these terms because you have failed to comply with our aup.
    
    
9    Interruption to services
    
9.1    If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.
    
9.2    You acknowledge that the Services may also be interrupted for many reasons beyond our control.
    
9.3    You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
    
    
10    Transfer of Domain names
    
    If we have to transfer your domain name from another web hosting service to ourselves, you understand that:
    
10.1    We will charge for this service and

10.2    The transfer may take from 5 to 60 days.
    
    
11    Technical support
    
    We will provide technical support within the areas of our expertise 24 hours a day for seven days a week, except during public holidays.  We do not guarantee to provide any particular support nor that the support we provide will be adequate for your requirements. Support will consist in maintenance of the functioning of your server or ours so that your site is live as nearly as possible continuously.
    
    
12    SPAM and Unsolicited Commercial Email (“UCE”)
    
    You agree that you will not:
    
12.1    Use or permit others to use our network to transmit UCE;

12.2    Publish or permit publication of, sites or information that is advertised by UCE from other networks. You agree that if you do so, we may terminate the Services.
    
    
13    Intellectual property ownership
    
13.1    Our use of any Intellectual property belonging to us or to any third party as part of the Services shall not operate to transfer any right to you permanently.
    
13.2    If we assign to you an internet protocol address the right to use that internet protocol address shall belong only to us.
    
13.3    We reserve the right to change or remove any Internet protocol number in our sole discretion.
    
    
14    Bandwidth and Disk Usage
    
14.1    You agree that bandwidth and disk usage shall not exceed the data usage per month for the Services ordered by you.
    
14.2    If your usage exceeds the contractually ordered amount we may in our discretion:
    
14.2.1    Increase the Price to the minimum price currently charged by us for the usage you have used;
or
14.2.2    If in our opinion your usage puts at risk the continued service provision to other customers, we may terminate service to you.
    
    We shall give you 7 days notice of our intentions.
    
    
15    Confidentiality

We are both aware that in the course of business, we will each have access to and be entrusted with information in respect of the business and operation of the other and their dealings, transactions and affairs, and/or any and all other proprietary information belonging to the other relating to his business or businesses and/or related affairs, all of which information (written, oral or otherwise) is or may be confidential.  Accordingly, you and we hereby undertake for us and every employee or sub-contractor whose services we may use both during and after completion of these terms:
    
15.1    That neither we nor you will divulge to any person whatever or otherwise make use of (and shall use their best endeavours to prevent the publication or disclosure of) any trade secret or confidential information;
    
15.2    That both of us shall make all of them aware of the confidentiality of information and the provisions of this paragraph and to take all such steps as shall from time to time be necessary to ensure compliance with these provisions.
    
    
16    System and Network Security
    
16.1    You agree that you will not, and you will not allow any other person to, violate or attempt to violate any aspect of the security of our systems.
    
16.2    You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
    
16.3    Examples of violations are:
    
16.3.1    accessing data unlawfully or without consent;
16.3.2    attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
16.3.3    attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
16.3.4    forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
16.3.5    taking any action in order to obtain services to which you are not entitled.
    
17    Privacy policy exception
    
    You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
    
18    No duty to monitor
    
    We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility through our AUP or otherwise to monitor or police Internet-related activities.
    
19    Acceptable Use Policy (AUP)
    
19.1    You agree to comply with the AUP set out in the Schedule as modified from time to time and notified to you.

19.2    We will give you 3 month’s notice of any change to the AUP.

19.3    We agree that the AUP shall not be altered in such a way as to change any fundamental provision of these terms nor to impose an unreasonable or unduly expensive obligation upon you.

19.4    If in our absolute discretion we think that you have violated our AUP, we shall notify you of this by email.  We may suspend service to you pending further investigation.
    
19.5    If within 12 months of the first violation, you commit a second violation whether in a similar or different way then we will terminate part or all of the Services without notice.
    
19.6    In any case we may suspend all the Services without notice if we reasonably believe the circumstances justify this to protect others or ourselves or to comply with any law.  In making the decision to suspend we are not obliged to consider the cost or damage to you that may be caused by suspension of the Services to you.
    
19.7    Money will not be refunded to you in respect of any period during which Services are suspended.
    
20    Your contact details    
    You undertake to provide to us your current land address email address fax and telephone numbers as often as they are changed.
    
    
21    Limitation of liability
    
21.1    We give no warranty in connection with the Services.
    
21.2    We do not represent that the Services are suitable for your use.
    
21.3    You have not relied on us as “experts” in any area.
    
21.4    You agree that in entering into these terms you have not relied on any representation or other information except the list of services and the prices posted on our web site.
    
21.5    We accept no responsibility for:
    
21.5.1    any malfunction in hardware provided by you;
21.5.2    any firewall provision not specified in the Services;
21.5.3    any malfunction in any software whether provided by you or by us;
21.5.4    any aspect whatever of the content of your web site.
    
21.6    You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12-month period.
    
21.7    (for the avoidance of doubt) we shall not be liable to you for loss of profits goodwill or any type of special indirect or consequential loss (including loss or damage suffered by you as a result of an action brought by a third party) even if such loss was reasonably foreseeable or we had been advised of the possibility of your incurring it.
    
22    You indemnify us
    
    You agree to indemnify us against all costs claims and expense arising directly or indirectly from:
    
22.1    Your failure to comply with the law of any country;

22.2    The posting by you of any content on your web site;

22.3    A breach of the intellectual property rights of any person;

22.4    The posting by any third party with or without your knowledge of any material on your web site;

22.5    Any action taken or omitted by any third party in relation to your web site;

22.6    Any use of your web site for a purpose forbidden by these terms;

22.7    And for the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at £60 per hour without further proof.
    
    
23    Force majeure
    
Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including fire, natural disaster, war or military hostilities and strikes of its own employees, and in such a situation:
    
23.1    Each of the parties agrees to give notice immediately to the other upon becoming aware of an event of force majeure such notice to contain details of the circumstances giving rise to it.
    
23.2    If a default due to force majeure continues for more than 6 weeks then the party not in default shall be entitled to terminate these terms. Neither party shall have any liability to the other in respect of the termination of these terms as a result of force majeure.
    
24    Assignment
You shall not be entitled to assign the Services nor all or any of your rights and obligations under these terms without the prior written consent from us.
    
25    Dispute Resolution
    In the event of a dispute arising out of or in connection with these terms and which has not been resolved following discussions and negotiations between a person or persons appointed or authorised by the parties then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
    
26    Waiver
    Failure by us to enforce at any time or for any period any one or more of these terms shall not be a waiver of them or of the right at any time subsequently to enforce all terms.
    
27    Jurisdiction
These terms shall be interpreted according to the Laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the England courts.
  

    
    
 
Schedule        

The Acceptable Use Policy


  1.  The following material may not be stored on our servers:

1.1    Copyright works;
1.2    Commercial audio, video or music files;
1.3    Any material which violates the law of any established jurisdiction;
1.4    Unlicensed software;
1.5    Software which assists in or promotes: emulators, phreaking, hacking, password cracking, IP spoofing;
1.6    Links to any of the material specified in this paragraph;
1.7    Pornographic material;
1.8    Any material promoting discrimination or animosity to any person on grounds of gender, race or colour.

  1.  You may not share, let or sub-license space on the servers. (Except as an authorised re-seller).
  2.  You may not:

3.1    use or permit others to use our network to transmit “spam” or unsolicited commercial email (“UCE”)

3.2    publish or permit publication of, sites or information that is advertised by UCE from other networks.  If you do so, we may terminate the services.

  1.  The following activities are prohibited on shared server facilities.  If you wish to be able to engage in these activities, a dedicated server must be ordered. Prohibited activities are:
     
    4.1    Sites with banners, graphics or cgi scripts running from their domain being used on other domains. (e.g., hot-linking, image-sucking, load-spreading);
    4.2    Sites with very large graphic archives or galleries;
    4.3    Sites offering download archives or large media distribution (>5MB), such as .zip, .tar, .sit, .ra, .avi, .mov, .asf and .GZ;
    4.4    Sites running large or busy chat rooms;
    4.5    Sites using more than [8] % of system resources.

    We will decide in our absolute discretion what constitutes a violation of this provision.

  1.  Multiple Connections within a single dial-up access account are prohibited except that accounts family or business use is allowed.
  2.  We may in our absolute discretion arrange for the automatic disconnection of vacant lines.

    Disconnection is likely after the following periods:

FTP - 5 minutes
Dial-Up - 15 minutes
Telnet/SSH - 2 hours

  1.  E-mailings of more than 500 sends per hour are prohibited.  
  2.  You are asked to report any abuse to: info@wearedemon.co.uk
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