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Chantry Wood Terms and Conditions.
These terms and conditions shall apply to the agreement between Chantry
Wood and the individual or company applying for the provision of services
by Chantry Wood ('the customer') where services are defined as web site
hosting, domain name registration, or any other service or facility
provided by Chantry Wood to the customer.
1. General
- The customer's hosting environment(inc. FTP and Telnet access) is for
their personal use only. The customer must not divulge the
password to any other person, and should take reasonable precautions to
ensure that it is not discovered by any other persons.
- The customer shall notify us immediately of any known or suspected
unauthorised use of the account or breach of security, including loss,
theft or unauthorised disclosure of passwords or other security
information.
- Data stored on our servers is not guaranteed to be backed up. It is
recommended that the customer keep an independent backup of all data
stored on the virtual server.
- The customer may not run server processes (e.g. talkers/IRC Bots)
from their hosting environment.
- Chantry Wood shall not be held liable for any loss or damages caused by
the use or misuse, unavailability or removal of services.
- When the customer account is closed, all files (including web pages,
etc.) will be deleted.
- Chantry Wood reserve the right to cancel the customer account at any
time without notice.
- Chantry Wood reserve the right to amend and update these Terms and
Conditions at any time without notice.
- To protect the customer privacy Chantry Wood never distribute the
customer name or email address to any third parties.
- The customer must not participate in any form of unsolicited bulk
emailing or Spam.
- Chantry Wood reserves the right to change the terms, conditions, and
notices under which the Chantry Wood Hosting Services are offered, including
but not limited to the changes associated with the use of Chantry Woods
Hosting Services. The customer is responsible for regularly
reviewing these terms and conditions.
- The customer's continued use of Chantry Woods Hosting Services
constitutes agreement to all such terms, conditions and notices.
- The customer is indicating acceptance of these Terms and Conditions
by signing up online from Chantry Wood.
- This does not affect your statutory rights as a consumer, subject to
the provisions of Clause 2.i. below.
2. Customer cancellation.
- Where the customer is deemed to be a "consumer" for the purposes of
the Consumer Protection (Distance Selling) Regulations 2001, or any
re-enactment thereof, the customer has the right to cancel an order,
within 7 days of placing the order, by giving notice in writing to
Chantry Wood, subject to the following provisions:
- Orders for registration of domain names may not be cancelled after
the domain name has been registered with the appropriate registrar.
- Orders for renewal of domain names may not be cancelled after
Chantry Wood has submitted the renewal request to the appropriate
registrar.
- If the customer cancels an account, Chantry Wood will refund any in full
any months fees, after the initial three months. Chantry Wood will not refund any
payment made for the first three months of service.
- Cancellation of accounts and/or domain transfer: in all cases
a minimum of 30 days notice is required
- In the event of a cancellation of an order by the customer, under
the terms of this provision, Chantry Wood undertakes to refund any monies
paid within 30 days of cancellation.
3. Domain name registration and Transfers.
- We make no representation that the domain name the customer wishes
to register is capable of being registered by the customer. The
customer should therefore not assume registration of the requested
domain name(s) until the customer has been notified that it has been
registered. Any action taken by the customer before such
notification is at the customers risk.
- The registration and use of your domain name is subject to the terms
and conditions of use applied by the relevant naming authority; the
customer shall ensure they are aware of those terms and conditions and
that they comply with them. The customer shall have no right to
bring any claim against us in respect of refusal to register a domain
name.
- Chantry Wood will not be obliged to take part in any domain name
disputes between the customer and any other person.
- Where a pre-registered domain name is transferred to Chantry Wood the
customer is responsible for initiating the transfer and ensuring all the
required changes are completed within the customers time-scale.
Chantry Wood will use its best endeavours to ensure the transfer is
completed, however, Chantry Wood will not be held liable for inaction by the
original domain name owner/administrator.
4. Indemnity.
- The customer shall indemnify Chantry Wood and keep us indemnified and
hold us harmless from and against any breach by the customer of these
terms of business and any claim brought against Chantry Wood by a third
party resulting from the provision of services by Chantry Wood to the
customer and the customers use of the services, 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 the customers breach or
non-observance of this Agreement.
5. Credit.
- Payment is due within 30 days of invoice.
- If payment is not made in full within 30 days all technical support
for the site will be revoked. If payment is still not made in the
following 45 day period the account will be deleted from our servers and
a notice of payment failure displayed.
- If the account is cancelled and is later reactivated, an
administration fee of £45 is levied on the account.
- If any sum payable is not paid on or before the due date, Chantry Wood
shall be entitled to suspend the provision of services to the customer.
- Chantry Wood shall be entitled to charge interest on the amount outstanding at the rate of 4% above
bank base rate from time to time in force throughout the period the amount
is outstanding.
6. Telnet Access.
- Telnet shell accounts are made available for editing and setting up
the web site. It is not a development platform for issues
unrelated to the customer web site.
The customer must not leave the
home directory at any time. The customer must not attempt to gain
the privileges of another user.
7. Bandwidth
- If the bandwidth reaches a point where it has an adverse affect on
other clients, Chantry Wood reserves the right to disable the site until the
customer can reduce the bandwidth usage.
8. Setup and use of web space and servers
- We will endeavour to order the customers domain and setup the web
space within 48 hours of receiving confirmation that the payment has
been processed, providing this is a normal business day (Monday to
Friday).
- Commercial use of web and ftp space is permitted.
- The customer warrants that they are at least 18 years of age and if
the customer is a company, then the customer warrants that Chantry Woods
services will not be used by anyone under the age of 18 years.
- While Chantry Wood will use every reasonable endeavour to ensure the
integrity and security of the Server, Chantry Wood does not guarantee that the
Server will be free from unauthorised users or hackers and Chantry Wood
shall be under no liability for non-receipt or mis-routing of email or
for any other failure of email.
- The customer will not post, link to or transmit:
- any material that is unlawful, threatening, abusive, malicious,
defamatory, obscene, pornographic, blasphemous, profane or otherwise
objectionable in any way.
- any material containing a virus or other hostile computer program.
- 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.
- The customer will not store on the web space any of the following:
- illegal material - including copyrighted works, commercial audio,
video, or music files, and any material in violation of any UK,
European or Local regulation.
- adult material - includes all pornography, erotic images, or
otherwise lewd or obscene content. Also including any sites
which provide hyper links to information about such material or
advertising for such material.
- warez, includes pirated software, ROMS, emulators, phreaking,
hacking, password cracking. IP spoofing, etc., and encrypting of any
of the above.
- The customer 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 the customer authorise or permit any other person to do so.
- Chantry Wood will not be liable for interruptions of service or downtime
of the servers.
- The customer will be responsible for the content of the pages,
including obtaining the legal permission for any works they include and
ensuring that the contents of these pages do not violate UK law.
- The customer will be held responsible for and accept responsibility
for any defamatory, confidential, secret or other proprietary material
available via the page(s).
- Chantry Wood reserve the right to remove material deemed inappropriate
from the customer's web pages, without prior notice.
- If the customers web site files or scripts stored on one of our
servers causes, or Chantry Wood believe that they cause noticeable and
detrimental reduction in service for other customers, then Chantry Wood may
immediately remove the file(s) or script(s).
9. Intellectual property rights
- The customer must obtain any and all necessary consents and
clearances to enable lawful use of all and any intellectual property
rights through the Chantry Woods web hosting, including without limitation,
clearance and/or consents in respect of your proposed domain name.
10. Termination
- If the customer breaks any of these terms and conditions and fails
to correct the breach within thirty (30) days following written notice
via email from us specifying the breach, Chantry Wood may terminate this
Agreement forthwith upon written notice via email.
- If the customer is a company and goes into insolvent liquidation or
suffer the appointment of an administrator or administrative receiver or
enter into a voluntary arrangement with the creditors, Chantry Wood shall be
entitled to terminate this Agreement forthwith without notice.
11. Limitation of liability
- Chantry Woods total aggregate liability to the customer 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 the customer in respect of the services that are the
subject of any such claim.
- In any event no claim shall be brought unless the customer has
notified us of the claim within 14 days of it arising.
- In no event shall Chantry Wood be liable to the customer for any loss of
business, contracts, profits or anticipated savings or for any other
indirect or consequential or economic loss whatsoever.
12. Law
- This Agreement shall be governed by and construed in accordance with
English law and the customer hereby submit to the non-exclusive
jurisdiction of the English courts.
Last Updated : 9 Febuary 2005
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