By placing an order with UK Design Site, you confirm that you are in agreement with
and bound by the terms and conditions below.
The Client : The company or individual requesting the services of UK Design Site.
UK Design Site: Primary designer/site owner & employees or affiliates.
UK Design Site will carry out work only where an agreement is provided either by
email, mail or fax. An 'order' is deemed to be a written contract between UK Design
Site and the client, this includes email agreements.
We may provide services directly or via a third party. Third party services may be
subject to specific agreements as supplied by them. By applying or using any service
offered by us you must agree to this agreement and any agreement of our third party
suppliers.
It is your responsibility to ensure that any applied hosting package application is
completed and activated ready for full use. Quoted times for account activation are
estimates and we do not guarantee or imply activation within the quoted time frame.
We may delay or refuse activation if:
• Payment is not cleared or received in full
• We believe the order, information or payment is fraudulent
• You have any funds outstanding with relation to any other account
• The domain name quoted does not exist, is in a non-usable state (e.g
pending renew) or deemed to be proposed for use that voids our Acceptable
Use policy
• There is any other reason which we deem satisfactory
We may send notification of hosting activation however:
• Your contact details must be correct and up to date
• This is not final word that your hosting is fully active and ready for use, you
must ensure the hosting is fully functional
You release us of any claim arising from failed hosting activation whether at fault of
our system, our staff or any other factor out of our reasonable control.
We will endeavour to maintain network stability and satisfactory service levels,
however:
• We may from time to time perform routine maintenance, service and
upgrades. We will endeavour to act on such instances at the most convenient
times and provide reasonable notice by any means we deem satisfactory
• We may experience outages beyond our control caused by any of the
following; force majeure (any 'act of god' including those induced by negative
human activities), war, invasion, act of hostilities, civil war, rebellion, military
power or confiscation, terrorist activities, nationalism, governmental/quasigovernmental
sanction, restraint, embargo, prohibition or intervention, blockage,
labour dispute, general strike, lockout or failure of utilities (electricity, telephone,
etc), failure of hardware (our hardware as well as third party), failure of software,
failed software or hardware upgrade or any other failure as caused by UK
Design Site, our suppliers or any third party
• We may, at our discretion provide notification of outages whether planned or
unplanned
• You release us from any claim or potential claim with relation to outages and
any loss of business/service suffered by you or any third party
If any payment due from you to us is not received by the due date, you authorise us
to directly debit that payment using the credit card account details provided by you
upon registration.
We are entitled to recover (on a full indemnity basis) any costs, fees and charges
(including legal costs) incurred in recovering any amounts owing by you to UK
Design Site. Without limitation to the above, we may charge an administration fee of
£30.00 for any dishonoured cheques.
You acknowledge that should we not receive renewal payment prior to the date of
expiry we reserve the right to suspend services immediately without notice. We may
provide a 30 day grace period whereby we will hold your information and data on our
servers. Should this period expire without payment we reserve the right to purge all
data pertaining to your account with us.
We reserve the right to suspend/cancel any/all service, including all domain names if:
• You have any outstanding invoice or account
• Your account is in dispute or dispute resolutions procedure, court order,
judgement, findings or determination
• You fail to comply with any provision in this agreement or those referenced in
this agreement
• There is evidence of fraudulent, illegal, defamatory, offensive activies, or any
activity in breach of a third party's rights
• We deem your use of our services may jeopardize the operation of the
service, UK Design Site or our suppliers
• We deem any other reason as satisfactory to protect UK Design Site, our staff
and/or our suppliers
Any suspension or cancellation is subject to our Refunds Policy.
If your account is cancelled under this agreement:
• You must pay all outstanding charges to us immediately
• We may revoke/terminate any license issued to or by you in relations to the
services as of the date of cancellation
• We may immediately delete all data held prior to cancellation
• We may perform any action without notice
It is your responsibility at all times to:
• Use our service and services in a manner which does not violate any
applicable laws or regulations
• Respect the conventions of the newsgroups, lists and networks that you use
• Respect the legal protection afforded by copyright, trademarks, license rights
and other laws to materials accessible via our service;
• Respect the privacy of others
• Use the service in a manner which does not interfere with or disrupt other
network users, services or equipment; and
• Refrain from acts that waste resources or prevent other users from receiving
the full benefit of our services
• Ensure your use of our services remains ethical and in accordance with
accepted community standards
You must at all times comply with law. You will be in breach of this policy on violation
of state, federal or international laws.
It is not acceptable to use our service(s) to:
• Violate copyright or other intellectual property rights;
• Illegally store, use or distribute software; transmit threatening, obscene or
offensive materials
• Engage in electronic 'stalking' or other forms of harassment such as using
abusive or aggressive language
• Misrepresent or defame others
• Commit fraud
• Gain unauthorised access to any computing, information, or communications
devices or resources, including but not limited to any machines accessible via
the Internet
• Damage, modify or destroy the files, data, passwords, devices or resources of
UK Design Site, other users or third parties
• Engage in misleading or deceptive on-line marketing practices;
• Conduct any business or activity or solicit the performance of any activity that
is prohibited by law
• Make an unauthorised transmission of confidential information or material
protected by trade secrets
• "Spam" or engage in "spamming" activities
• Engage obscene speech or materials, this includes, advertising, transmitting,
storing, posting, displaying or otherwise making available; child pornography,
offensive sexual content or materials or any other obscene speech or material
• Post or transmit defamatory, harassing, abusive or threatening language
• Create, distribute or provide information/data regarding internet viruses,
worms, Trojan horses, pinging, flooding, mail-bombing or denial of service
attacks;
• Facilitating a violation of this Acceptable Use Policy
• Perform any other action through utilization of any service which we deem
unsatisfactory
• Attempt to do any of the above
You also agree not to attempt any of the following:
• Use 25% or more of system resources for longer than 90 seconds. There are
numerous activities that could cause such problems; these include: CGI scripts,
scripts, FTP, PHP, HTTP, Mail, etc
• Run any type of interactive real-time chat applications that require server
resources. Remotely-hosted services are fully allowed
• Run stand-alone, unattended server-side processes at any point in time on
the server. This includes any and all daemons, such as IRCD
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
• Run any gaming servers/services
• Any activity which causes the server to crash / restart
You agree that we may at our discretion and by order of any law enforcement agency
disclose information relating to your account and use of services. We may also report
any action we find in breach of this agreement, local, state, federal or international
laws and cannot be held liable for any outcome resulting in our actions.
Any breach of our AUP can result in immediate termination of services and loss of all
data held on provided services. You release us, our staff and our suppliers of any
liability resulting in such instances.
You agree that we shall have no liability to you or any other person with respect to
any loss of service, data, business, indirect, incidental, consequential, special,
exemplary or punitive damages, including loss of profit/goodwill for any matter
whether such liability is asserted on the basis of contract, tort, breach of warranties
either expressed or implied.
You agree to defend, indemnify, save and hold us, our staff and suppliers from any
and all demands, liabilities, losses, costs and claims, including reasonable legal fee's
asserted against us, our agents, our clients, our offices and employees, that may
arise or result from any service provided, performed or agreed to be performed or
any product sold by a customer, their agents and employees.
You agree to defend, indemnify, and hold us harmless against liabilities arising out
of:
• Any injury to person or property caused by any products sold or otherwise
distributed in connection with UK Design Site
• Any material supplied by the customer infringing or allegedly infringing on the
proprietary rights, legal and/or civil rights of a third party
• Any breach of any representation or warranty provided herein
• Any negligence or wilful misconduct by you
• Any allegation that your account infringes a third person's copyright,
trademark, or intellectual property right, or misappropriates a third person's
trade secrets
• Any defective products sold to customers from our server
By accessing any service hosted on our network you understand, agree and are
bound to this indemnification and any other indemnification mentioned in our service
agreement and agreements referenced to therein.
Should we be notified of pending legal action or intention to seek legal advice, we
may seek written confirmation from you concerning your obligation to indemnify UK
Design Site. Failure to provide such confirmation may be considered a breach of this
agreement.
We cannot be held responsible for any damages your business/operation may suffer.
We provide no warranties, expressed or implied, for service we provide. Nor do we
guarantee your web site or applications will be error free on our servers. We are not
responsible for loss of data resulting from delays, software incompatibility, hardware
or software issues, outages, failed deliveries and any service interruption caused by
UK Design Site, our employees or our suppliers.
Should any part of this policy be made invalid by relevant legislation, the remainder
of the policy shall remain in force.
