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Web Hosting Agreement

mickwood.com reserves the right to modify this Agreement and may discontinue or revise any or all aspects of its service at our sole discretion. Such changes become effective when notice is posted on a Web page on our Web site (www.mickwood.com/general/terms.shtml) and / or via a newsletter. You will be bound by the modified Service Agreement if you continue to use the service.

1. Scope of Services

Subject to your compliance of the terms of this Agreement mickwood.com will provide Web hosting services for the selected Web hosting plan on our servers together with your own Web based control panel (www.yoursite.com/siteadmin). Newsletters and other current information will also be sent at regular intervals.

2. Your Obligations

2.1. You are responsible for producing, electronically uploading, maintaining and ensuring the proper and correct function of all HTML files, graphics, scripts, applets, etc., (the "Web site Content") on your Web site, and you warrant that all Web site Content shall be owned or properly licensed by you and shall not adversely impact the Services, infringe any UK or international law, or violate any rights of any third parties.

2.2. You certify that you are at least 18 years of age. If you are not at least 18 years of age, a parent or guardian’s name must be put on your account and will be responsible for payment of fees and the Web site Content. If a minor (a person under 18) obtains an account through mickwood.com without parental approval, the Service Agreement shall not become void.

2.3. You acknowledge that use of the Services requires a certain level of knowledge in the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your Web site, and certify that you have the necessary knowledge to create, modify and maintain your Web site. mickwood.com assumes no responsibility to provide you with such knowledge, including but not limited to: knowledge of HTML; locating and linking documents; Telnet; Traceroute; transferring files via FTP; use of FrontPage, Dreamweaver or other Web publishing tools; Use of the Unix environment including interface commands, CGI-script installation, Perl, C, Shell scripts, permissions; Configuration and use of email clients such as Outlook and Eudora to send and receive email.

2.4. You are responsible for all activity originating from your Web site, unless you prove to be a victim of hacking or address forgery. You further assume full responsibility for all material on your Web site including that which may have been put on by a third party. You will be assumed to have read and agree to the terms of our server use policy. In particular your attention is drawn to the sections relating to prohibitions and site backups.

2.6. You are responsible for providing all telephone and other equipment and services necessary to access and maintain your account via FTP.

2.7. You acknowledge that mickwood.com may monitor its systems electronically and access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its customers or for any other reason it in good faith deems necessary. mickwood.com will fully co-operate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report any suspected illegal activity it becomes aware of.

2.9. You will ensure that you have the legal right to use your domain name and in the event of a dispute will abide by the decision of the relevant regulatory body.

3. Limited Warranty

You expressly agree that use of our services is at your sole risk. Neither mickwood.com nor any of its information providers, licensers, employees, or agents warrant that its services will be uninterrupted or error free or free from viruses or other harmful components; nor does mickwood.com or any of its information providers, licensers, employees, or agents make any warranty as to the results to be obtained from use of its services. The services are distributed on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties regarding the quality, accuracy, or validity of the data and/or completeness, noninfringement, merchantability or fitness for a particular purpose or otherwise, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement. Neither mickwood.com nor anyone else involved in creating, producing or delivering its services shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of its services or inability to use the services or out of any breach of any warranty. You expressly acknowledge that under no circumstances will mickwood.com be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through its services and further acknowledge that these matters are outside the control of mickwood.com.

4. Legal Disclaimer - Indemnification

You will be assumed to have read and agree to the terms of our legal disclaimer and indemnification policy.

5. Payment

5.1. mickwood.com will publish notice of fee increases on our Web site and / or via our monthly newsletter at least 28 days before such increases take effect. A listing of current monthly and / or annual fees can be found at www.mickwood.com/hosting/compare.shtml.

5.2. You agree to provide mickwood.com with accurate and complete billing information, including your legal name, address, telephone number, e-mail address and applicable payment data and to update this information immediately if any change occurs.

5.3. Customers on Monthly contract may only pay by Direct Debit. Customers on Annual contracts may choose to pay by Cash, Cheque or Direct Debit. All payments must be submitted in advance of receiving the Services.

5.4. You acknowledge that mickwood.com will send invoices and receipts by e-mail. Customers paying by cheque must remit payment within fourteen (14) days of invoice.

5.5. All accounts will be billed at each designated interval (monthly or annually) automatically and without specific notice. You are responsible for terminating account(s) and associated billing except as noted below in cases of violation of mickwood.com policies.

5.6. Overdue accounts are those that remain unpaid within 14 days of invoice. Web Hosting Services will be suspended if your account is overdue for more than seven (7) days. Notwithstanding any other rights mickwood.com may have in this Agreement, all of your Web site contents will be destroyed if your account remains in suspension for thirty (30) days. mickwood.com accounts continue to accrue charges while they are overdue or if its services are suspended.

5.7. Customers paying by cheque must submit cheques either in US Dollars (USD) drawn on a US bank, or in UK Sterling (GBP) drawn on a UK bank. There will be a £25 processing fee for each cheque returned.

5.8. If your account is suspended or terminated for any reason permitted by this Agreement, you will be asked for a reconnection fee to restart your account. The reconnection fee for suspended accounts is £25.00. A terminated account may be reconnected, at our sole discretion, for a fee of £50.00.

5.9. You acknowledge responsibility for your account until payment in full is made and further acknowledge that you may not withhold or "set off" any amounts due in any circumstances. mickwood.com reserves the right to withhold its services without prejudice until all amounts determined delinquent are paid in full.

6. Summary

By using mickwood.com's services and /or this site, you agree that you have read, understand and will abide, and be bound, by the terms of this Web Hosting Agreement, our Server Policy and our Legal Disclaimer. If you do not agree to these Terms, please do not use mickwood.com's services or Web site. These Terms shall be governed in all respects in accordance with the laws of the United Kingdom.

Contacting mickwood.com

If you have any questions about this Web Hosting Agreement, our working practices, or any aspect of our Web hosting and design services please contact us or email mick@mickwood.com.


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