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Website Hosting Terms and Acceptable Use Policy

As with any service, there are always the Terms and Conditions. Here we have laid out our Terms and Conditions for website hosting and also our Acceptable Use policy for website hosting.

As a customer, you are advised to check these items on a regular basis as they are liable to change. The latest revision date will always be visible for ease of checking.

Website Hosting Terms and Conditions (as of 22 April 2009)

Definitions

The "Service" shall be any website/hosting/domain name service provided by Norwich Web Designers;
The "Customer" shall be any person (whether individual or company representative) purchasing the service from Norwich Web Designers;
The "Initial Term" of the contract shall be for a period of 12 months (unless specifically agreed otherwise);
The "Initial Fee" will be the agreed price of the website package (including hosting and domain name);
The "Initial Date" shall be the date of placing an order for either a domain or a website product or both;
The "Renewal Term" shall be the same duration as the Initial Term (unless specifically agreed otherwise);
The "Renewal Fee" shall be the price of £49 and will become due on or before the expiry of either the Initial Term or any subsequent Renewal Term.

Service Contract

This contract is deemed to be entered into on the Initial Date and is deemed to run for the Initial Term and will remain in force under any subsequent Renewal Term at the agreed renewal rate. Any fees paid by the Customer are deemed to cover either the Initial Term or any subsequent Renewal Term whichever is applicable at the time.

If the customer requires to terminate the Service a cancellation notice of 14 days must be submitted in writing to Norwich Web Designers.

Norwich Web Designers may elect to suspend or terminate the Service immediately on any default of payment by the Customer.

From time to time parts of the Norwich Web Designers network may be taken off-line for repair or routine maintenance. Norwich Web Designers will endeavour to give as much notice as possible but will not be held liable for any unscheduled downfall in the Network due to extraneous conditions including but not limited to act of God, inclement weather, telephony service failure or Governmental organisations or power failure.

The Renewal Fee of the website design product/package is set at a cost £49 per Renewal Term and will become payable at the end of the Initial Term or at the end of any Renewal Term in agreement at the time.

The renewal Fee is deemed to include domain renewal, domain management, email management, website hosting and website/hosting support.

Improper Use and Liabilities

The Customer shall acknowledge that they will only use the Service for lawful purposes and that they will use the Service within the limitations of all of Norwich Web Designers Terms and Conditions and Acceptable Use Policies.

It is the Customer”s responsibility to keep all user usernames and passwords secure and to ensure that any such information is not disclosed to any third party for any reason. The Customer also warrants that any such information will not be stored in a human readable format that may be accessible to any third party.

The Customer will notify Norwich Web Designers immediately in the event of a username or password becoming known to a third party.

The Customer hereby indemnifies Norwich Web Designers and its partmers and representatives against any action taken by a third party resulting from the Customer”s use of the Service.

The Customer shall notify Norwich Web Designers of any action taken against themselves by a third party and will not hold Norwich Web Designers liable for any resulting costs.

The Customer shall be responsible and liable for any costs to telephony companies by use of the Service from their point of connection.

The Customer acknowledges that Norwich Web Designers cannot exercise control over the content of information passed across the Internet and via the Service.

Norwich Web Designers reserve the right to do normal internal housekeeping such as website back-ups but do not accept responsibility for any Customer data. It is the responsibilty of the Customer to ensure data integrity and a facility for creating site backups is provided by Norwich Web Designers.

Domain Name Policy

Norwich Web Designers will register domain names on behalf of the Customer, in the name of the Customer, as part of a website design package and the Customer is granted exclusive use of this domain so long as all fees are paid and the balance of any accounts are kept up to date.

All fees paid in respect of domain names are non-refundable. Once registered, domain names cannot be changed in respect of their name or extension, without incurring the costs of registration of a new domain name at the current domain price of £19.95.

By using a registered domain name the Customer agrees to keep Norwich Web Designers and agents and representatives fully indemnified at all times against any action brought about by any person, persons or company against themselves whilst using the domain name. The Customer will assume liability and costs for any such action and release Norwich Web Designers and its agents and representatives of any liability should any such action ensue.

The Customer may use any registered domain name for any legal use on the Internet so long as it does not breach any UK or International laws. The Customer, as registrant of the domain name, agrees to have read and abide by any laws in place at the time of any domain registration.

Norwich Web Designers shall not be liable for indirect, incidental or consequential damages, including loss of income, data, or information in any event by use of the Service.

Norwich Web Designers reserves the right to refuse to register or assign any domain name for whatever reason.

Norwich Web Designers reserves the right to suspend any web hosting services connected with the domain name if the Customer defaults on any due fees. Norwich Web Designers, may, at its discretion, levy any appropriate fees for re-establishing any service thereof.

Service Agreement

Provided that the Customer pays all due fess promptly, Norwich Web Designers will grant the Customer full and uninterrupted use of the Service, notwithstanding circumstances beyond the control of Norwich Web Designers.

The Customer has the right to withdraw from or cancel the Service with Norwich Web Designers at any time. Cancellation requests should be made in writing and Norwich Web Designers will have a period of 14 days to comply with any cancellation request. If during this 14 day period the Service falls into a Renewal Term, Norwich Web Designers reserves the right to levy a fee equivalent to the Renewal Fee.

Any fees paid in advance will not be refunded to the Customer in respect of use of the Service.

If the customer requires a domain name to be transferred from Norwich Web Designers” domain registrar a fee of £19.95 shall be payable in all respects.

Providing all fees for all services are up-to-date, domain transfers will be carried out swiftly by Norwich Web Designers. The Customer should note that certain restrictions are imposed by domain registrars which are outside the control of Norwich Web Designers and the Customer should familiarise themselves with these restrictions prior to any domain transfer request, as transfer fees are non-refundable.

It will be the responsibility of the Customer to ensure that any email notices are responded to in respect of any domain name transfers and Norwich Web Designers will not be responsible if the Customer neglects their duty in this respect.

General

Norwich Web Designers agree to keep a copy of the signed-off website in case of data recovery requirements only.

The custom code which provides the extended functionality of the website, will remain the copyright of Norwich Web Designers and the Customer will be granted a license to use it. The intention of this clause is to allow Norwich Web Designers to re-use the code without limitation, and to prevent the Customer from selling code at a commercial level as their own intellectual property.

The Customer acknowledges that no joint venture, partnership, employment, or agency relationship exists between themselves and Norwich Web Designers as a result of the use of Norwich Web Designers services. The Customer agrees not to make any representation as an agent of Norwich Web Designers. The Customer also agrees that Norwich Web Designers will not be held liable by any representation/misrepresentation made by themselves on behalf of Norwich Web Designers.

The Customer agrees not to reassign, resell, sublease or transfer their account in any way. Contravention shall lead to immediate termination of the Service to the Customer by Norwich Web Designers.

Norwich Web Designers will use reasonable endeavours to ensure a prompt and continuing service as described in the agreed website design specification but will not be liable for any loss of data resulting from delays, non-deliveries, or service interruptions caused by circumstances beyond the direct control of Norwich Web Designers, or by errors or omissions of the Customer. Norwich Web Designers specifically excludes any condition of warranty as to the accuracy of third party information received through the Service.

Norwich Web Designers will not be held liable for indirect, economic or consequential loss whatsoever.

Any breach of any of Norwich Web Designes Terms and Conditions or Acceptable Use Policies by customers may lead to termination of the Service with no entitlement to refund and reasonable fees may be levied by Norwich Web Designers to cover administration costs.

Website Hosting Acceptable Use Policy (as of 22 April 2009)

Definitions. The Services means web hosting, domain name registration, email and any other services or facilities provided by Norwich Web Designers as part of a website agreement. The Customer is any person or persons who use the web hosting services supplied by Norwich Web Designers, either as a direct purchase or through any other third party. “spam” means sending unsolicited and/or bulk emails. “virus” means a computer program that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as “worms” or “trojan horses”.

You indicate acceptance of this Acceptable Use Policy of service by placing an order for a website/hosting from Norwich Web Designers. this Acceptable Use Policy will not be varied for individual customers. We reserve the right to add, alter, amend or delete specific clauses of this Acceptable Use Policy as we see fit and without prior notification.

The Website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:
use the Services or the Website in any way to send unsolicited commercial email or “spam”, or any similar abuse of the Services;
send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website;
threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
engage in illegal or unlawful activities through the Services or via the Website;
make available or upload files to the Website or to the Services that the Customer knows contravenes known copyright laws, that is including, but not limited to, software, music files, images (still or moving), or any material that the Customer does not hold full copyright license to distribute;
make available or upload files to the Website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or
obtain or attempt to obtain access, through whatever means, to areas of Norwich Web Designers network or the Services which are identified as restricted or confidential.
operate or attempt to operate IRC bots or other permanent server processes.

Web hosting accounts are prohibited from hosting file distribution websites, adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites, reselling or giving away web space under a domain, sub domain or directory.

The Customer will be free to enjoy uninterrupted service apart from any such server outages that may be beyond our control, as long as payment of hosting fees is current. Customers will be issued with reminders when fees are becoming due and such fees must be appropriated on or before the due date. In the first instance we reserve the right to suspend any account which is found to be in arrears with renewal renewal fees, unless alternative arrangements have been made prior to the renewal date. After a period of suspension, to be determined by us, we reserve the right to delete the hosting account without notice. Suspensions and deletions of hosting services may be actioned without notice to the non-paying customer, at our discretion. Any Customer who defaults on their hosting fees may be subject to an administration charge to reactivate their account or to transfer their domain away from our services. This fee will be determined to be the cost of renewing the hosting account and/or domain name.

Norwich Web Designers operates and maintains a database of all customers. This database is used to advise customers of impending renewals and other important notifications. It is the sole responsibility of the Customer to ensure that all contact information is up-to-date and that they inform Norwich Web Designers of any change in contact information, particularly email addresses.

If the Customer fails to comply with this Acceptable Use Policy, Norwich Web Designers shall be entitled to withdraw the Services and terminate the Customer's account without notice. If a customer's account is terminated due to a breach of our Acceptable Use Policy, we reserve the right to charge a release fee for any domain associated with that account. This release fee will be the price of £19.95 plus an administraation fee of £20.00, which will be payable before any domain is released from our service.

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