Hosting Terms & Conditions

The Terms and Conditions of Hosting with Essex Web Designer David Mears

Hosting Terms & Conditions

Payment
Hosting lasts for 12 months from the commencement/renewal date as notified by David Mears. A setup fee of £45 is required for hosting domains not registered with 123-reg.co.uk. Hosting cannot commence until payments are received. Hosting will not continue unless hosting renewal payment is received before the hosting period ends. These fees are just for hosting of your domain and do not include domain name renewal charges. All payments are non-refundable. Should you decide to change to another hosting service and require a copy of your website files to be sent to you, a fee will be charged by David Mears plus any fees incurred by third party service providers that are required for the safe and successful transfer of your website and database.

Acceptable Content
Your website must not contain material, or contain any links to material, which is unlawful, pornographic, gambling-related, threatening, hateful, obscene or which encourages unlawful behaviour.  This includes but not limited to depictions of nudity as well as material relating to hacking or pirated software. David Mears has sole discretion to determine whether a website's content is acceptable. Hosting will cease for websites containing or with links to unacceptable content and will be removed from the host servers.

If your website is found to contain duplicate or plagurised text or content, your website files will be removed from the host server and will not be reinstated until such time as the replacement copy can be proven to be unique and not exist elsewhere on the internet.

Unsolicited E-mail ("spam")
You agree not to use the facilities and capabilities of this hosting service to solicit the performance of any activity that is prohibited by law or for the illegal distribution of unsolicited e-mail, commonly known as "spam" Unacceptable uses also include, but are NOT limited to: Bulk e-mailing, unsolicited e-mail, and newsgroup spamming containing commercial advertisements. Failure to comply may result in account suspension or cancellation without prior notice.

Indemnification
You agree that you shall defend, indemnify, save and hold David Mears harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against David Mears, his agents and customers that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your associates, agents or employees. You agree to defend, indemnify and hold harmless David Mears against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with David Mears; any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to you by David Mears.

Disclaimer
David Mears will not be responsible for any damages your business may suffer. David Mears makes no warranties of any kind, expressed or implied for services they provide. David Mears does not back up your website files unless designed and created by him, and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, David Mears cannot guarantee to be able to replace lost data. David Mears 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 David Mears. David Mears reserves the right to revise their policies and agreements at any time without prior notice.

Refusal of Service
David Mears reserves the right to refuse or cancel service at his discretion. If you breach any of the above terms and conditions he reserves the right to deactivate your account immediately.