|
When using the Service provided by Skywebbuilder.com, ...... you are bound by theTerms of Service policy detailed below. 1 to 24
1 DEFINITIONS
1.1 In this Agreement the following words and expressions shall have the following meanings:
1.2 "Downtime" means any service interruption in the availability to visitors of the Website;
1.3 "Intellectual property rights" means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;
1.4 "Skywebbuilder" means Skywebbuilder.com
1.5 "IP address" stands for internet protocol address which is the numeric address for the server;
1.6 "ISP" stands for internet service provider; which is the company that provides you with a Broadband or Dial up connection.
1.7 "Server" means the computer server equipment that Skywebbuilder is on and is in connection with the provision of the Services;
1.8 "The Services" means web hosting, domain name registration, email and any other services or facilities provided by Skywebbuilder.
1.9 "Spam" means sending unsolicited and/or bulk emails;
1.20 "Virus" means a computer programme 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";
1.21 "Visitor" means a third party who has accessed the Website;
1.22 Product specifications and details may be found in this website ( www.Skywebbuilder.com. )
1.23 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
1.24 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
2 INTRODUCTION
2.1 The Customer wishes to provide Skywebbuilder with data that will be hosted on servers and made accessible via the Internet, some of this data may be intended for public viewing.
2.2 Skywebbuilder provides web hosting services and has agreed to host the Customer's data upon the following terms and conditions.
3 DUTIES
3.1 Skywebbuilder shall provide to the Customer the Services specified in their order subject to the following terms and conditions.
3.2 The Customer shall deliver to Skywebbuilder the Website and the software used in the Website which is owned by the Customer, or licensed to him by a third party or Skywebbuilder (the Customer Software), in a format specified by Skywebbuilder.
4 CHARGES ,PAYMENT AND MONEY BACK GUARANTEE
4.1 Payment methods include credit cards (including MasterCard, Visa, American Express), debit cards (including Switch/Maestro) and any other payment method that may be noted on this website.
4.2 Skywebbuilder do not accept cash or any other form of payment other than those outlined on this website unless otherwise agreed by the customer and skywebbuilder.com
4.3 The Charges are exclusive of VAT, which if payable shall be paid by the Customer
4.4 Skywebbuilder do not provide credit facilities unless agreed with the customer prior to order and only for complete website design and not packages listed on this site..
4.5 From time to time Skywebbuilder may make enquiries on the Customers company, proprietor or directors of the Customers company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.
4.6 Refunds will not be issued for any remaining days left in the month due to services that are cancelled before the end of that particular month.
5 IP ADDRESSES
5.1 Skywebbuilder shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.
5.2 Where Skywebbuilder changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.
6 SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer requires use of software owned by or licensed to Skywebbuilder in order to use the Services, Skywebbuilder grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, none editable, non-exclusive licence to use Skywebbuilder Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in Skywebbuilder Software.
6.2 In relation to Skywebbuilder.com obligations under this Agreement in connection with the provision of the Services, the Customer grants to Skywebbuilder a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the Website ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to Skywebbuilder any right, title, interest or intellectual property rights in the Customer Software or the Content.
6.3 The Customer undertakes that he will not himself or through any third party, sell, lease, alter, license or sublicense Skywebbuilder Software.
6.4 Skywebbuilder may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, Skywebbuilder shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.
7 DATA BACKUP
7.1 Skywebbuilder do not provide data restoration facilities for individual customers. Skywebbuilder accepts no responsibility for data loss or corruption.
7.2 Customers/clients are advised strongly to download a backup file of the website/files, this can be done using the sitebuilder tool or via the control panel
8 ACCEPTABLE USE POLICY
8.1 See the acceptable use policy in the box below
9 ALTERATIONS AND UPDATES
All alterations and updates to the Website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform Skywebbuilder and the password will be changed.
10 WARRANTIES
10.1 The Customer warrants and represents to Skywebbuilder that Skywebbuilder;s use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to Skywebbuilder
10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Skywebbuilder shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.
11 INDEMNITY
The Customer agrees to indemnify and hold Skywebbuilder and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Skywebbuilder arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.
12 LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions shall exclude or limit Skywebbuilder.com liability for death or personal injury resulting from Skywebbuilder's negligence or that of its employees, agents or sub-contractors.
12.2 The entire liability of Skywebbuilder to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
12.3 In no event shall Skywebbuilder be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Skywebbuilder had been made aware of the possibility of the Customer incurring such a loss.
13 TERM AND TERMINATION OF SERVICE
13.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing E-mail of its intention to terminate the Agreement.
13.2 Skywebbuilder shall have the right to suspend or terminate this Agreement with immediate effect by notice in writing / E-mail to the Customer if the Customer fails to make any payment/s when it becomes due.
13.3 After three reminder emails for payment have been ignored by the customer Skywebbuilder has the right to suspend or even cancel your service. 13.3 To have your account ( service ) re-instated, you must pay your outstanding balance in full, PLUS a re-installment fee of £30.00. Failure to pay everything owed within the next 14 days WILL result in ALL of your website, database and email files ( your service ) being deleted and lost FOREVER.
13.4 Either party may terminate this Agreement forthwith by notice in writing / E-mail to the other if:
13.5 The other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
13.6 The other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
13.7 The other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
13.8 The other party ceases to carry on its business or substantially the whole of its business; or
13.9 The other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
13.10 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
13.11 On termination all data held in the customers account will be deleted.
14 ASSIGNMENT
14.1 Skywebbuilder may assign or otherwise transfer this Agreement at any time.
14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without skywebbuilder's prior written consent.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
16 SEVERANCE
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
17 NOTICES
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement 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 fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.
18 ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
19 DOMAIN NAME REGISTRATION
Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it Skywebbuilder will ask the customer for an alternative domain name.
20 SCRIPTING
Skywebbuilder are not responsible for customer programming issues other than ensuring that programming laungages such as Perl, PHP and ASP are installed and functioning on the web hosting system.
21 PRIVACY
To protect your privacy we will not distribute your details to third parties, unless required to do so by law. See the full privacy policy in the box below.
22 DATA TRANSFER
22.1 Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.
22.2 Web hosting accounts are prohibited from hosting file distribution websites, adult content orientated websites, gambling orientated websites including and not limited to game of chance, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites, giving away web space under a domain, sub domain or directory.
23 SERVER USAGE
Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.
24 WEBSPACE USAGE
Web space is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup respository. Customers are expected to employ good house keeping when maintaining their account.
| 
