 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
the Home / Welcome page on our Web site (www.mickwood.com). 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 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 email mick@mickwood.com.
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