SME System Solutions Limited (from now on referred
to as SME Solutions) provide Internet access and use of server space
for email accounts and for hosting of web and WAP sites. SME Solutions
reserve the right to suspend, restrict or terminate any customers account
where the customer is in breach of this agreement.
Use of Web Hosting Accounts
Accounts are to be used only by the purchaser / purchasing
company. Account holders must not resell or give away web / WAP space
or email accounts to other parties, other than the acceptance of advertisements.
All web and WAP space and email accounts must remain in total control
of the account holder.
Each web hosting account may be used for only
one website. Hosting of two or more websites on the one web hosting
account is prohibited. Subdomains (where provided) may be used as an
extension of the main website or as a WAP site to run alongside the
main website. Subdomains may not be used to host additional websites.
Prohibited Use
SME Solutions prohibits the use of its servers for:
Illegal material, such as commercial audio,
video or music files or any other copyrighted works, for which the
account holder does not have the permission of the coyright holder,
or any other material in violation of UK Law
Adult material, such as pornography, erotic
images or otherwise lewd or obscene content
Racist, defamatory, obscene, indecent or other
unlawful material
'Warez', such as pirated software, ROMS, emulators,
instructions or software for phreaking, hacking, password cracking
or IP spoofing etc
Sites engaging in or promoting pyramid sales,
Multi Level Marketing or similar activities
Engaging in illegal activities
Account holders will not post (nor allow to be posted)
web or WAP pages containing such material or links to such material,
nor shall they store such material in their server space, nor shall
they transmit such material by email or any other means.
SME Solutions reserve the right to determine whether
any material or use is prohibited.
SME Solutions reserve the right to remove any such
material without warning and suspend or terminate accounts without refund
or notice.
Spam (unsolicited email)
SME Solutions prohibits spam (the sending of unsolicited
bulk email). SME Solutions will terminate any account, without refund,
for which the account holder has sent unsolicited bulk emails.
Upgrading Web Hosting Accounts
At any time, account holders may upgrade their web
hosting accounts by purchasing additional facilities. Account holders
can choose to have the upgrade take effect immediately or to have it
take effect from the renewal date. If from the renewal date, then the
renewal invoice will be adjusted to include the upgraded features. If
immediate, then the account holder will be invoiced for the upgrades
as for a new account, and payment will be due immediately. Upgrades
made part way through the term of the hosting account will be charged
at the full rate as if they were ordered as part of the original hosting
account. An upgrade made part way through the term of a hosting account
will be valid only until the renewal of the hosting account.
Data Transfer (Bandwidth) and System Resources
All web hosting accounts should remain within the
agreed data transfer (bandwidth) allowance for the account. SME Solutions
accept that there are times when sites may unexpectedly exceed data
transfer allowance for short period of time. SME Solutions will not
impose any penalty for such breaches of data transfer allowance providing
that these breaches are small, are not frequent, and are not sustained.
SME Solutions reserve the right to determine what constitutes small,
sustained or frequent breaches of data transfer allowance.
Many domains have to share the various resources
(processors, memory, etc) available on the servers. SME Solutions believe
that no single domain should use excessive amounts of resources, as
this may jeopardise server performance for the other domains.
In the event that an account is deemed to be using
excessive data transfer (bandwidth) or resources, SME Solutions may
suggest action to reduce bandwidth or resource use, or suggest moving
the website to its own dedicated server.
Account holders may also be subject to additional
costs due to excessive data transfer or resource use. These costs will
be agreed between SME Solutions and the account holder.
Cancellation, Termination and Refunds of Web Hosting
Accounts
Account holders may terminate their accounts simply
by not using them or by not renewing them. Failure to use or renew an
account is deemed to be a termination of customers choice. No refund
will be given where customers terminate or cease to use their account
prior to the end of the term of the hosting account.
In the event that SME Solutions finds an account
is in breach of the prohibited uses, then that account may be terminated
without notice. No refund for the remainder of the year will be given.
In the event that an account exceeds data transfer
or resource allowances and an agreement cannot be reached between SME
Solutions and the account holder, then SME Solutions may terminate the
account. In this case, SME Solutions may provide a refund for the remaining
unused part of the year, subject to an administration fee of £10.00
+ VAT.
In the event that SME Solutions is to refund full
or partial payments, refunds will be made by the same means in which
the original order was placed. Customers who paid by credit or debit
card will be refunded directly to their credit or debit cards. Customers
who paid by cheque will be refunded by cheque. All refunds will be made
within 30 days of agreement to make a refund.
UK Customers Only : Under the terms of The Consumer
Protection (Distance Selling) Regulations 2000, consumers have a "cooling
off" period of 7 working days from the date that the order is placed
in which they may cancel orders placed by distance contract. However,
this right to cancel does not apply where service provision begins before
the end of the cooling off period. All web hosting accounts provided
by SME Solutions begin the same day that the order is placed, normally
within 2 hours of ordering. Therefore, the consumer's right to cancel
and receive a full refund will not apply once service provision has
begun. Commencement of service will normally be the time at which your
account activation notice is sent.
The Consumer Protection (Distance Selling) Regulations
2000 do not apply to business-to-business transactions, nor to transactions
with businesses or consumers outside the UK.
Liability
SME Solutions will not be responsible for any loss
or damage your business may suffer. SME Solutions make no warranties,
expressed or implied, for any services we offer.
Customers shall indemnify and hold harmless SME Solutions
from any and all demands, liabilities, losses, costs, and claims, including
all legal fees, asserted against SME Solutions and it's agents, customers,
officers and employees, that may arise from any service provided or
performed or agreed to be performed, or for any product sold by SME
Solutions, it's agents, customers, officers or employees.
SME Solutions will not be responsible for any loss
or damage caused by infringement of copyright or proprietary rights,
supply of defective goods or services, any loss or damage (personal
or business), caused by customers of SME Solutions.
Changes and Amendments
SME Solutions reserve the right to amend and/or change
these Terms and Conditions without notice.
