You indicate
acceptance of these terms and conditions of service by placing an order
with Slant Digital. These terms and conditions will not be varied for
individual customers.
1 DEFINITIONS
1.1 In this Agreement the following words and expressions shall have the
following meanings:
1.1.1 "downtime" means any service interruption in the availability to
visitors of the Website;
1.1.2 "intellectual property rights" means patents, trade marks, design
rights, applications for any of the foregoing, copyright, topography
rights, database rights, rights in know-how, trade or business names and
other similar rights or obligations, whether registrable or not in any
country;
1.1.3 "Slant Digital" means Slant Digital, its owners, its employees,
agents and third party consultants and contractors, or other authorised
appointees.
1.1.4 "IP address" stands for internet protocol address which is the
numeric address for the server;
1.1.5 "ISP" stands for internet service provider;
1.1.6 "server" means the computer server equipment operated by Slant
Digital in connection with the provision of the Services;
1.1.7 "the Services" means web hosting, domain name registration, email
and any other services or facilities provided by Slant Digital.
1.1.8 "spam" means sending unsolicited and/or bulk emails;
1.1.9 "virus" means a computer programme that copies itself or is copied
to other storage media, including without limitation magnetic tape
cassettes, memory chips, electronic cartridges, optical discs and
magnetic discs, and destroys, alters or corrupts data, causes damage to
the user's files or creates a nuisance or annoyance to the user and
includes without limitation computer programs commonly referred to as
"worms" or "trojan horses";
1.1.10 "visitor" means a third party who has accessed the Website;
1.2 Product specifications and details may be found at
http://slantdigital.com.
1.3 Words denoting the singular shall include the plural and vice versa
and words denoting any gender shall include all genders.
1.4 The headings of the paragraphs of this Agreement are inserted for
convenience of reference only and are not intended to be part of or to
affect the meaning or interpretation of this Agreement.
2 INTRODUCTION
2.1 The Customer wishes to provide Slant Digital with data that will be
hosted on Slant Digital's servers and made accessible via the Internet.
2.2 Slant Digital provides web hosting services and has agreed to host
the Customer's data upon the following terms and conditions.
3 DUTIES
3.1 Slant Digital shall provide to the Customer the Services specified
in their order subject to the following terms and conditions.
3.2 The Customer shall deliver to Slant Digital the website and the
software used in the website which is owned by the Customer, or licensed
to him by a third party or Slant Digital ("the Customer Software), in a
format specified by Slant Digital.
3.3 The Customer shall provide and maintain
any information denoted as mandatory requested by Slant Digital. This
information includes, but is not limited to, first name, last name, full
postal address, telephone number and email address.
3.4 The main email address provided by the
Customer for the purposes of contact for a domain name or domain name
related service may not use the same domain name, or sub-domain name.
4 CHARGES ,PAYMENT AND MONEY-BACK GUARANTEE
4.1 Payment methods include credit cards (including MasterCard and
Visa), debit cards (including Switch/Maestro) and direct debits
4.2 Slant Digital do not accept cheques, bank transfers, postal orders,
cash or any other form of payment other than those outlined in 4.1,
unless by prior arrangement.
4.3 V.A.T. is not currently charged by Slant Digital.
4.4 Slant Digital shall be entitled to charge interest in respect of
late payment of any sum due under this Agreement, which shall accrue
from the date when payment becomes due from day to day until the date of
payment at a rate of 8% per annum above the base rate of the Bank of
England from time to time in force.
4.4.1 Slant Digital shall be entitled to recover any fees or charges
arising from non payment, or late payment, of any sum due under this
Agreement.
4.5 Slant Digital do not provide credit facilities, unless by prior
arrangement.
4.6 From time to time Slant Digital may make enquiries on the Customers
company, proprietor or directors of the Customers company with credit
reference agencies. These agencies may record that a search has been
made and share this information with other businesses.
4.7 Slant Digital provide "Money-Back Guarantees" on certain products.
Should your product qualify for this guarantee please raise a support
ticket at http://slantdigital.com/services/web/contact-support within 30 days of placing your order,
for a full refund. This guarantee excludes domain names which may not be
cancelled once ordered. Customers are limited to using the money-back
guarantee once.
4.8 Pro-rata refunds will not be issued for yearly or monthly services that are
cancelled before then end of the year or month respectively.
4.9 Should your chosen payment method fail Slant Digital will attempt to
settle your invoice using any other payment facilities available on your
account. Slant Digital shall be entitled to recover any fees or charges
resulting from such failure.
4.10 All services will renew until cancelled by the customer. Slant
Digital emails the customers primary email address prior to renewal of
services, it is the customers responsibility to cancel services prior to
renewal as no refund can be made once renewal has occurred. Customers
must notify us at least 72 hours before a service is renewed if they
wish to cancel that service. The cancellation process must be fully
completed by you before your account is cancelled.
4.11 It is the customers responsibility to
maintain a current valid email address with their account.
5 IP ADDRESSES
5.1 Slant Digital shall maintain control and ownership of the IP address
that is assigned to the Customer as part of the Services and reserves
the right in its sole discretion to change or remove any and all IP
addresses.
5.2 Where Slant Digital changes or removes any IP address it shall use
its reasonable endeavours to avoid any disruption to the Customer.
6 SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer requires use of software owned by or licensed to
Slant Digital ("Slant Digital's software") in order to use the Services,
Slant Digital grants to the Customer and its employees, agents and third
party consultants and contractors, a royalty-free, world-wide,
non-transferable, non-exclusive licence to use Slant Digital Software in
object code form only, in accordance with the terms of this Agreement.
For the avoidance of doubt, this Agreement does not transfer or grant to
the Customer any right, title, interest or intellectual property rights
in Slant Digital Software.
6.2 In relation to Slant Digital's obligations under this Agreement in
connection with the provision of the Services, the Customer grants to
Slant Digital a royalty-free, world-wide, non-exclusive licence to use
the Customer Software and all text, graphics, logos, photographs,
images, moving images, sound, illustrations and other material and
related documentation featured, displayed or used in or in relation to
the website ("the Content"). For the avoidance of doubt, this Agreement
does not transfer or grant to Slant Digital any right, title, interest
or intellectual property rights in the Customer Software or the Content.
6.3 The Customer undertakes that he will not himself or through any
third party, sell, lease, license or sublicense Slant Digital Software.
6.4 Slant Digital may make such copies of the Customer Content as may be
necessary to perform its obligations under this Agreement, including
back up copies of the Content. Upon termination or expiration of this
Agreement, Slant Digital shall destroy all such copies of the Content
and other materials provided by the Customer as and when requested by
the Customer.
7 SERVICE LEVELS AND DATA BACKUP
7.1 Slant Digital shall use its reasonable endeavours to make the server
and the Services available to the Customer 100% of the time but because
the Services are provided by means of computer and telecommunications
systems, Slant Digital makes no warranties or representations that the
Service will be uninterrupted or error-free and Slant Digital shall not,
in any event, be liable for interruptions of Service or downtime of the
server.
7.2 Slant Digital carries out data backups for use by Slant Digital in
the event of systems failure. Slant Digital do not provide data
restoration facilities for individual customers. Even though every
effort is made to ensure data is backed up correctly Slant Digital
accepts no responsibility for data loss or corruption.
8 ACCEPTABLE USE POLICY
8.1 The website and use of the Services may be used for lawful purposes
only and the Customer may not submit, publish or display any content
that breaches any law, statute or regulation. In particular the Customer
agrees not to:
8.1.1 use the Services or the website in any way to send unsolicited
commercial email or "spam", or any similar abuse of the Services;
8.1.2 send email or any type of electronic message with the intention or
result of affecting the performance of any computer facilities;
8.1.3 publish, post, distribute or disseminate defamatory, obscene,
indecent or other unlawful material or information, or any material or
information which infringes any intellectual property rights (for the
avoidance of doubt this includes licensed software distributed as
Warez), via the Services or on the Website;
8.1.4 threaten, abuse, disrupt or otherwise violate the rights
(including rights of privacy and publicity) of others;
8.1.5 engage in illegal or unlawful activities through the Services or
via the Website;
8.1.6 make available or upload files to the website or to the Services
that the Customer knows contain a virus, worm, trojan or corrupt data;
or
8.1.7 obtain or attempt to obtain access, through whatever means, to
areas of Slant Digital's network or the Services which are identified as
restricted or confidential. This includes leaving your home directory
whilst using SSH access to servers.
8.1.8 operate or attempt to operate IRC bots or other permanent server
processes.
8.2 The Customer has full responsibility for the content of the Website.
For the avoidance of doubt, Slant Digital is not obliged to monitor, and
will have no liability for, the content of any communications
transmitted by virtue of the Services.
8.3 If the Customer fails to comply with the Acceptable Use Policy
outlined in Clause 8.1 Slant Digital shall be entitled to withdraw the
Services and terminate the Customer's account without notice.
9 ALTERATIONS AND UPDATES
All alterations and updates to the website shall be made by the Customer
using the online account management facility, FTP access or SSH access
where available. The Customer will be issued with a user name and
password in order to access the account. The Customer must take all
reasonable steps to maintain the confidentiality of this user name and
password. If the Customer reasonably believes that this information has
become known to any unauthorised person, the Customer agrees to
immediately inform Slant Digital and the password will be changed.
10 WARRANTIES
10.1 The Customer warrants and represents to Slant Digital that Slant
Digital's use of the Content or the Customer Software in accordance with
this Agreement will not infringe the intellectual property rights of any
third party and that the Customer has the authority to license the
Content and the Customer Software to Slant Digital as set out in Clause
6.2.
10.2 All conditions, terms, representations and warranties that are not
expressly stated in this Agreement, whether oral or in writing or
whether imposed by statute or operation of law or otherwise, including,
without limitation, the implied warranty of satisfactory quality and
fitness for a particular purpose are hereby excluded. In particular and
without prejudice to that generality, Slant Digital shall not be liable
to the Customer as a result of any viruses introduced or passed on to
the Customer.
11 INDEMNITY
The Customer agrees to indemnify and hold Slant Digital and its
employees and agents harmless from and against all liabilities, legal
fees, damages, losses, costs and other expenses in relation to any
claims or actions brought against Slant Digital arising out of any
breach by the Customer of the terms of this Agreement or other
liabilities arising out of or relating to the Website.
12 LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions shall exclude or limit Slant
Digital's liability for death or personal injury resulting from Slant
Digital's negligence or that of its employees, agents or
sub-contractors.
12.2 The entire liability of Slant Digital to the Customer in respect of
any claim whatsoever or breach of this Agreement, whether or not arising
out of negligence, shall be limited to the charges paid for the Services
under this Agreement in respect of which the breach has arisen.
12.3 In no event shall Slant Digital be liable to the Customer for any
loss of business, loss of opportunity or loss of profits or for any
other indirect or consequential loss or damage whatsoever. This shall
apply even where such a loss was reasonably foreseeable or Slant Digital
had been made aware of the possibility of the Customer incurring such a
loss.
13 TERM AND TERMINATION
13.1 This Agreement will become effective on the date the service is
ordered and shall continue until terminated by either party in writing
of its intention to terminate the Agreement.
13.2 Slant Digital shall have the right to terminate this Agreement with
immediate effect by notice in writing to the Customer if the Customer
fails to make any payment, or renewal, when it becomes due.
13.3 Either party may terminate this Agreement forthwith by notice in
writing to the other if:
13.3.1 the other party commits a material breach of this Agreement and,
in the case of a breach capable of being remedied, fails to remedy it
within a reasonable time of being given written notice from the other
party to do so; or
13.3.2 the other party commits a material breach of this Agreement which
cannot be remedied under any circumstances; or
13.3.3 the other party passes a resolution for winding up (other than
for the purpose of solvent amalgamation or reconstruction), or a court
of competent jurisdiction makes an order to that effect; or
13.3.4 the other party ceases to carry on its business or substantially
the whole of its business; or
13.3.5 the other party is declared insolvent, or convenes a meeting of
or makes or proposes to make any arrangement or composition with its
creditors; or a liquidator, receiver, administrative receiver, manager,
trustee or similar officer is appointed over any of its assets.
13.4 Any rights to terminate this Agreement shall be without prejudice
to any other accrued rights and liabilities of the parties arising in
any way out of this Agreement as at the date of termination.
13.5 On termination all data held in the customers account will be
deleted.
14 ASSIGNMENT
14.1 Slant Digital may assign or otherwise transfer this Agreement at
any time.
14.2 The Customer may not assign or otherwise transfer this Agreement or
any part of it without Slant Digital's prior written consent.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of
its obligations if the delay or failure results from events or
circumstances outside its reasonable control, including but not limited
to acts of God, strikes, lock outs, accidents, war, fire, the act or
omission of government, highway authorities or any telecommunications
carrier, operator or administration or other competent authority, the
act or omission of any Internet Service Provider, or the delay or
failure in manufacture, production, or supply by third parties of
equipment or services, and the party shall be entitled to a reasonable
extension of its obligations after notifying the other party of the
nature and extent of such events.
16 SEVERANCE
If any provision of this Agreement is held invalid, illegal or
unenforceable for any reason by any Court of competent jurisdiction such
provision shall be severed and the remainder of the provisions hereof
shall continue in full force and effect as if this Agreement had been
agreed with the invalid illegal or unenforceable provision eliminated.
17 NOTICES
Any notice to be given by either party to the other may be sent by
either email, fax or recorded delivery to the address of the other party
as appearing in this Agreement or such other address as such party may
from time to time have communicated to the other in writing, and if sent
by email shall unless the contrary is proved be deemed to be received on
the day it was sent or if sent by fax shall be deemed to be served on
receipt of an error free transmission report, or if sent by recorded
delivery shall be deemed to be served 2 days following the date of
posting.
18 ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the parties
relating to the subject matter and supersedes any previous agreements,
arrangements, undertakings or proposals, oral or written. This Agreement
may be updated without notice.
19 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the
law of England and the parties hereby submit to the exclusive
jurisdiction of the English courts.
20 DOMAIN NAME REGISTRATION
20.1 Domain names are not deemed to be successfully registered until
they appear in the relevant whois database of the top level domain name
registrar. In the event that a domain name is unavailable when we
attempt to register it Slant Digital will provide a full refund for that
domain name.
20.2 Please return to the main terms and conditions area of this website
to view terms and conditions for individual domain name registrars.
21 SCRIPTING
Slant Digital are not responsible for customer programming issues other
than ensuring that programming languages such as Perl, PHP and ASP are
installed and functioning on the web hosting system.
22 PRIVACY
22.1 Slant Digital collects and
stores, electronically, various types of personal information,
for the sole purpose of providing our customers with requested
services, maintaining security and keeping our customers
informed. 22.2 No personally identifiable
information is disclosed to third parties, unless necessary to
provide services or products to our customers or to fulfil our
legal responsibilities.
22.3 Details, such as names,
addresses, telephone numbers, and email addresses are stored
securely and are only accessible by authorised individuals for
authorised purposes.
22.4 Our Customers' email addresses
will only be used by Slant Digital for the purpose of
communication as described elsewhere herein.
22.5 Slant Digital is
bound by the data protection laws of the United Kingdom.
23 DATA TRANSFER
23.1 Web hosting accounts include a certain amount of data transfer, if
you exceed this amount in any one month your account will be deactivated
until you have upgraded to an account that has more data transfer
included.
23.2 Web hosting accounts are prohibited from hosting file distribution
websites (including but not limited to music, video and software), adult
content orientated websites, hosting banners, graphics or cgi scripts
for other websites, storing pages, files or data as a repository for
other websites or personal computers, giving away web space under a
domain, sub domain or directory.
24 SERVER USAGE
Should your account use more than 5% of the servers processing power and
as a result have a detrimental effect on other customers we will discuss
with you alternative solutions for your hosting requirements.
25 AFFILIATE PROGRAMME
Commission earned via the affiliate programme will only be paid by using
a valid direct debit/credit mandate on your account. It is the customers
responsibility to ensure they have this facility. In the event of the
customer not being able to obtain this facility then no commission will
be paid.
26 EMAIL NEWSLETTER
Slant Digital communicates with it's customers via email and as such you
agree to receive by email our regular newsletter which contains amongst
other things changes to our terms and conditions, notification of major
outages, updates to our products & features and special offers.
27 WEB SPACE USAGE
Unlimited web space is available for genuine web site content, content
must be linked into web pages. Customers are prohibited from using the
server as a file/backup repository. Customers are expected to employ
good house keeping when maintaining their account.
28 MAIL BOXES
Mail boxes not accessed for 100 days or more will be deleted from the
system. |
