Barton Hosting Terms and Conditions
General Terms & Conditions:
The following terms and conditions apply to all services ordered
from Barton Web Design and Hosting (BWDH) and do not affect your
statutory rights. By ordering services from BWDH you are agreeing
to these terms and conditions.
BWDH reserves the right to suspend or
cancel a customer's access to any or all services provided by BWDH when BWDH decides
that the account has been inappropriately used or otherwise.
When you purchase your hosting package from BWDH, the account is for the domain you signed up with and that
domain alone, unless otherwise stated via an arrangement prior to
signup. If you wish to host small sub sites then you must contact
BWDH before doing so. If the small subsites
consume more bandwidth than is allocated, the owner will be asked
to upgrade the account accordingly.
BWDH is not responsible for any claims
resulting from the use of our service and does not allow storage
of: including, but not limited to the following:
Illegal / Banned Material - This includes copyrighted works, commercial
audio, video, graphic, or music files and any material in violation
of any local, state or U.S. law.
Warez - Includes pirated software, ROMS, emulators, phreaking,
hacking, password cracking. IP spoofing, etc., and encrypting of
any of the above. Also includes any sites which provide "links
to" or "how to" information about such material.
Offensive Material - Any material which, at the discretion of BWDH, may cause reasonable offense or upset to
others.
Greymatter Scripts - Due to the security holes and the detrimental
affects these scripts can have on server resources the use of Grey
Matter scripts are prohibited.
Copyright and Infringements
The customer is liable to the fullest for all actions of any copyright
or infringements conducted on their sites and contents. The customer
acknowledges the 1988 Copyright Designs and Patents Act and agrees
that it shall defend, save and hold BWDH
harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable lawyer's fees asserted against BWDH, its agents, its customers, officers and
employees.
Content Submitted to BWDH
You acknowledge that BWDH does not pre-screen
content, but that BWDH and its designees
shall have the right (but not the obligation) in their sole discretion
to refuse or remove any content that is available via the Service.
Without limiting the foregoing, BWDH and
its designees shall have the right to remove any content that violates
the TOS or is otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such
Content.
Bulk E-mail, Commercial E-mail (Spamming):
The use of our network to send commercial bulk e-mail whether opt-in
or otherwise to promote a site either maintained by BWDH or another party is strictly forbidden, and could result
in your account being deactivated without a refund. Under no circumstances
does BWDH tolerate the sending of spam
and will suspend an account for which the owner is believed to be
sending out the unsolicited mail.
Mailing Lists may be operated as long as individuals choose to
subscribe to receive mailings, if a complaint is received that this
is not being carried out, BWDH reserves
the right to suspend any customer account.
We do not allow any domains on our network who have previously
aquired a spam record while being hosted elsewhere as this can lead
to our network being black listed.
Payment Policies
BWDH reserves the right to change prices
at any time, but all prices are guaranteed for the term of payment.
Payment is due 7 days from Invoice date unless otherwise stated.
If payment is not received within 7 working days, the account will
be suspended until such payment is received.
Invoices for those customers who pay by check will be sent via e-mail.
The customer is responsible for all money owed on the account from
the time it was set up to the time that the customer notifies BWDH in writing and/or e-mail for a request of
termination of services.
A Ticket should be raised if you wish
to terminate your account.
Cancellation / Refunds
BWDH reserves the right to cancel service
at any time at its discretion if the Terms of Service are broken.
Cancellation can be made via e-mail to support@bartonhosting.com.
A period of 30 days notice is required when cancelling a service.
Although there is no cancellation fee, all fees paid for service
are non-refundable.
Domain names will not be released until payment has been made for
our services in full. No refunds can be made once the domain name
registration has been submitted.
Bandwidth and Web space Allocations
If the bandwidth and/or web space allocation placed on your account
is reached, it is the customer's responsibility to contact BWDH and discuss what shall be done next. If the
customer does not wish to purchase extra, the account can be suspended
until the end of the month. A customer may at any time upgrade their
account or pay for more bandwidth allocation at the current rates
on the BWDH site. No account is automatically
shut off due to exceeding their bandwidth limits. The account will
be billed overage at the current rate on the BWDH website at the beginning of the next calendar month.
Server Abuse
Any attempts to undermine or cause harm to the BWDH servers or a customer of BWDH
is strictly prohibited. BWDH holds no responsibility
for the use of our client's accounts. Any account that abuses resources
and actions are not taken to desist, calls for immediate deactivation
without any refund of payments made so far. Any site using what
BWDH deems to be using excessive CPU cycles
or any resources that cause strain to other sites may also be offered
new terms. Chat/IRC, web proxy and unsolicited mailing list scripts
are not allowed on our network under any circumstances. Customer
acknowledges that BWDH may suspend any
account deemed to be abusing service to maintain the smooth running
of the server.
IP Addresses
BWDH maintains control of all IP Addresses
that may be assigned to a customer site and reserves the right to
change or remove any and all IP addresses.
Domain Name Registration
Domain name registration is subject to the terms and conditions
of BWDH. BWDH
does not guarantee that domain names can be registered. BWDH reserves the right to refuse to register domain
names. No action should be taken in respect of domain names until
registration has been fully completed as indicated by official registrar's
WHOIS search. Domain names are the property of the registrant once
the payment fee has been paid to BWDH.
Upon payment in full for the domain, BWDH
will change, at request, the WHOIS information on the domain name.
This can be requested by raising a Ticket. US domains are registered
with ICANN registration authorities. The registrant is responsible
for informing BWDH of any change of address
or contact details. Although BWDH will
endeavour to contact the registrant when the domain is due for renewal,
the registrant is responsible for ensuring that domain renewal takes
place when due.
Note: Failure to renew a domain before the renew date will result
in loss of use of the domain and/or loss of domain ownership.
Modification of Domains
BWDH does not charge for transferring
IPStag / modifying nameservers on domain names (provided full payment
has been received for such domain names).
The registrant is responsible for any charges.
Indemnification
Customer agrees that it shall defend, save and hold BWDH harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable lawyer's fees asserted
against BWDH, its agents, its customers,
officers and employees, that may arise or result from any service
provided or performed or agreed to be performed or any product sold
by its customers, its agents, employees or assigns. The customer
agrees to defend, indemnify and hold harmless BWDH against liabilities arising out of, but not limited
to the following:
(1) any injury to person or property caused by any products sold
or otherwise distributed in connection with BWDH's server;
(2) any material supplied by customer infringing or allegedly infringing
on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customesr from BWDH's server.
Server Up Time
While every effort is made to ensure that the servers on which
all of BWDH's accounts are stored on are
up, there is always some server down time. BWDH shall not be held responsible for any loss of business due
to server down time in the provision of its services or otherwise.
Address Details and Privacy
Details are held by BWDH solely for the
purpose of contacting the account/domain owners with regards to
their business with BWDH. By trading with
BWDH, the customer accepts that personal
details, including address and contact details will be recorded
by domain registrars/registering companies for the purposes of securing
domain name(s) only if the customer requests these details to be
published. The customer also accepts that contact details may be
available to the general public by means of WHOIS searches with
the relevant domain registrars if they choose to have their details
published instead of BWDH's.
The customer agrees to give BWDH it's latest
address and contact information at all times, so that it can be
contacted at any time.
Disclaimer
BWDH will not be responsible for any damages
your business may suffer. BWDH makes no
warranties of any kind, expressed or implied for services we provide.
BWDH disclaims any warranty or merchantability
or fitness for a particular purpose. This includes loss of data
resulting from delays, non-deliveries, wrong delivery, registration
failure, lapse of domain registration and any and all service interruptions
caused by BWDH and its employees. BWDH reserves the right to revise its policies
at any time.
The ICANN Dispute Policy: http://www.icann.org/udrp/udrp.htm
.COM/NET/ORG Exhibit A: http://www.opensrs.org/exhibita.shtml
.US Exhibit A: http://resellers.tucows.com/opensrs/us/us_exhibita
.NAME Exhibit A: http://resellers.tucows.com/opensrs/name/nameexhibita
.BIZ Exhibit A: http://resellers.tucows.com/opensrs/biz/bizexhibita
.INFO Exhibit A: http://resellers.tucows.com/opensrs/info/infoexhibita
