Terms of Hosting
Tedious and sure nobody will ever read them - but we have to put them on here
Terms and Conditions
Webjectives may enforce rules and regulations regarding the use of its services. These rules and regulations are called Terms & Conditions. Any violation of the Terms and conditions will result in action that Webjectives feels appropriate, which could be the termination of your account. No refund will be given for any interruption in service resulting from policy violations.
VIOLATION OF WEBJECTIVES TERMS AND CONDITIONS IS STRICTLY PROHIBITED AND COULD RESULT IN TERMINATION OF YOUR ACCOUNT. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ALL CONTENT THAT YOU DISPLAY, STORE, UPLOAD, DOWNLOAD OR BROADCAST THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES ANY PART OF YOUR ACCOUNT. WEBJECTIVES RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.
IP Address
Webjectives administers the network on which customer servers reside. The customer cannot use IP addresses that were not assigned to them by Webjectives staff. Any server found using IP\'s that were not officially assigned, will be suspended from network access until such time as the IP addresses overlap can be corrected
Security
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer\'s server is attacked, it will be de-activated and an immediate investigation will begin. In such an event, the customer is responsible for the cost to fix any damage done.
Software Piracy
The Webjectives network and related services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of current law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Making unauthorized copies of software is a violation of the law. In compliance with the Digital Millennium Copyright Act (the "DMCA"), please email notifications of claimed copyright infringements to our legal department (see our contact page for details). Webjectives will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy
Network
Customers must use the Webjectives network responsibly. This includes respecting other Webjectives customers. Webjectives reserves the right to terminate service with any Customer who uses the Webjectives network in such a way that it unfavourably affects other Webjectives customers. Violations of this policy may be reported to the law if deemed appropriate. Webjectives will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
Lawful Purpose
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or Webjectives\'s Terms and Conditions is strictly prohibited.
Etiquette
The customer is expected to practice good Internet etiquette (Netiquette). The customer will comply with the rules appropriate to any network to which Webjectives may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libellous, tortuous, indecently depicts children or is likely to result in reprisal against Webjectives by offended users. Webjectives reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group
Unsolicited E Mail
Webjectives will not tolerate the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Violations of this policy carry severe penalties, including termination of service. Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes both commercial advertisements and informational messages sent to recipients via email as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. E-mail is a person-to-person medium, not a broadcast medium. Customers of Webjectives are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the Webjectives network, it is advisable that Customers develop a similar, or stricter, policy for their clients. Violation of Webjectives\'s SPAM policy will result in severe penalties. If Webjectives are notified of an alleged violation of our SPAM policy, an investigation will be initiated. During the investigation, Webjectives may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Webjectives may terminate the customer\'s account. Further, Webjectives reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Webjectives will notify the law if the violation is believed to be a criminal offence. Violation of Webjectives\'s SPAM policy may be reported to our abuse department
Domain Names
All domain names are registered on a first-come, first-served basis. Domain names often appear to be available up to 24 hours following registration. For this reason, Webjectives wishes to emphasize that Paying for domain names in no way guarantees that the domain names you have chosen are available and can be registered. You are therefore advised not to take any action in respect to a domain name until full registration has been completed and confirmed to you in writing. Domain renewal takes place automatically at the end of the current domain registration period. Webjectives disclaims any responsibility for reminders to customers or users for pending renewal. Domain cancellations must be received in writing at least 2 weeks in advance of the domain expiration date. Failure to provide written cancellation of your domain name(s) in sufficient time will result in the automatic renewal of your domain name(s) and the application of all associated charges. Webjectives can accept no responsibility for any losses incurred as a result of unwanted renewal of your domain names. In the event of non-payment of any invoices due for work carried out by Webjectives - we reserve the right to hold onto a clients domain name pending payment and will not release the IPS tag until all invoices due to Webjectives have been paid.
InternetRelay - Chat
Webjectives allows the use of IRC inside the Webjectives network as long as the use of IRC on a Webjectives server does not violate any of the other Terms and Conditions. As a policy, Webjectives will not provide vanity IRC reverse DNS records. To enforce this policy Webjectives does not turn the reverse address of IP\'s over to the customer. Authority over this information remains with Webjectives.
Suspension
Webjectives reserves the right to suspend network access to any customer, if the Webjectives network administrators feel the customer\'s server/service is the source or target of the violation of any of the other Terms and Conditions or for any other reason which Webjectives decides. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not needed. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer\'s machines were suspended.
Cancellation
Webjectives reserves the right to cancel any or all parts of our service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not needed. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation will be prorated and paid by Webjectives if Webjectives institutes its right of cancellation. Any violation of policies, which results in extra costs, will be billed to the customer. Customers may cancel at any time by sending a 1 month written notice (via email to our accounts department; see our page for details). Upon receipt of the cancellation request, a confirmation will be sent to the customer via email; if this confirmation email has not been received by the customer, the cancellation request has not been received by Webjectives and will not take place. A cancellation fee equivalent to 1 month hosting fees is applicable and must be paid immediately upon cancellation. The customer\'s hosting plan will remain active for a 1 month period from receipt of the written notice of cancellation. Customers who wish to cancel a hosting solution that has a billing cycle of greater than 1 month are entitled to a refund of each full month left in their current billing cycle ONLY if Webjectives fails to provide adequate services for the client. If Webjectives has made every effort to accommodate the client\'s requirements then no refund will be made.
Payments and intellectual Property Rights
We will carry out work in accordance with your instructions.
Payments and Non Payments.
Hosting charges are payable immediately on Invoice. Our terms are strictly 30 days Nett . Invoices not paid punctually may result in the Website being turned off until payment has been received. This will only be done if all attempts to recoup payment have been exhausted. All work commissioned will remain the intellectual property of Webjectives and/or its Website developers until paid for in full as we code the site to your brief. In the event of non payment of any Invoice - we reserve the right to turn off access to the live website - and to remove any code we have written and or sell the code we have written on to a third party if we can find one - to recoup our payment for work done without payment. This will never be done without prior warning and indeed only as a last resort.
Webjectives wishes to emphasize that in signing the Services Agreement or its equivalent, you the customer indemnifies Webjectives for any violation of the Services Agreement or its equivalent, law or Terms and Conditions that results in loss to Webjectives or the bringing of any claim against Webjectives by any third-party. This means that if Webjectives is sued because of a customer\'s or a customer of a customer\'s activity, the customer will pay any damages awarded against Webjectives, plus all reasonable costs. Client agrees that Webjectives shall not be liable to Client for any claims of actual, compensatory and/or consequential damages which may be suffered by Client, including, but not limited to, losses or damages due to the loss of data resulting from delays, non-deliveries, or service interruptions caused by the fault or negligence of Webjectives. Notwithstanding the above mentioned, Client\'s exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate GBP amount which Client paid during the term of the Agreement.
Open Source Products
Webjectives offers absolutely no warranty on any open source products running on our servers. Open source products are entirely the responsibility of the customer. Webjectives accept no responsibility for any open source products functioning after updates to our servers and other entities which are related to open source products.If Open source product installations using the Plesk "Application Vault" are failing Webjectives will contact SW-Soft support team and report any problems. Webjectives accepts no responsibilty for SW-soft products.If a customer wishes to maintain an open source installation we advise that they join the open source forums and constantly check for updates on the internet. Webjectives do offer a maintenance solution for OSCommerce of which is chargeable at our standard development rate
Webjectives is under no duty to look at each customer\'s or user\'s activities to determine if a violation of the Terms and Conditions has occurred, nor does Webjectives assume any responsibility through our Terms and Conditions to monitor or police Internet-related activities. Webjectives disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person\'s or party\'s violation of this policy. All Sub-Networks, resellers and managed servers of Webjectives must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Termination. Webjectives will not be held responsible for any damages suffered by your business due to the failure of Hardware or Software. Webjectives makes no warranties of any kind, expressed or implied for services provided. Webjectives disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Webjectives and its employees. The services provided by Webjectives are provided AS-IS and without any warranty expressed or implied. Webjectives reserves the right to revise its policies at any time. Webjectives cannot be held liable for any legal fees, damages, losses, costs or other expenses in relation to any claims or actions brought against Webjectives as a result of server or 3rd party software vulnerabilities or any code written by Webjectives and its employees or contractors or agents
INDIRECT OR ATTEMPTED VIOLATIONS OF THE TERMS AND CONDITIONS AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS AND CONDITIONS BY YOU
Violations of system or network security are prohibited, and may result in criminal and/or civil charge. Webjectives may investigate incidents involving such violations and may involve law enforcement. Violators of the policy are responsible, without limitations, for the cost of labour required to rectify any damage done to the operation of the network and business operations supported by the network and to respond to complaints incurred by Webjectives. Webjectives is concerned with the privacy of online communications and web sites but cannot take responsibility for the security of information transmitted over the Webjectives facilities.The customers are responsible for protecting their own password. The customer will not use or permit anyone to use Webjectives services or service to hack passwords or to access other systems or networks without authorization. Webjectives will fully cooperate with law enforcement in the detection and prosecution of any such illegal activity. Backups
Webjectives maintains a backup retention period of 14 days only. Any data backed up outside of this retention period will not be kept or available for restore. Webjectives will not accept responsibility for any data loss outside of our backup retention period. Website traffic (IIS) logs are stored locally on each shared web server for a maximum of 3 days only. All logs beyond the age of 3 days will be deleted and will not be retrievable. Logs are imported daily into the Statistical Server where they will be readily available for viewing. However, Webjectives will not be held liable for any loss of statistical data or financial loss thereof.
Billing
The customer is responsible for paying for any network resources that are used to connect to the Internet. The customer may request that the customer\'s server/service be disconnected from the Internet, but the customer is still responsible for paying for any network resources used up to the point of suspension or cancellation.