NetWeaver.com Limited Terms and Conditions (v3.1)
Effective from 1st May 2012
Unit 11, Mead Way, Padiham, Burnley, BB12 7NG
t:01282 901340 e:email@example.com
By ordering or holding an account, registering, renewing or transferring a domain name with NetWeaver.com Limited you agree to be held by the following terms and conditions.
The terms listed below, listed in bold, have specific meanings in this contract.
“we”, “us”, “our”, “NetWeaver” is NetWeaver.com Limited (company number 04168736)
“you”, “your”, “customer” is The Individual or Organisation ordering or listed as the owner of an account held with NetWeaver.com Limited.
2) Your Privacy
2.1 In order to protect your privacy we will not distribute your name, email address or any other personal information we may hold to third parties. In the event that recognised law enforcement agencies or an official court order request information we do reserve the right to cooperate entirely with their wishes.
3) General Practice
3.1 NetWeaver do not allow any illegal content or activity on our servers. This includes, but is not limited to, adult or pornographic material, copyright protected software, video or music.
3.2 We do not allow any content which may compromise the security of our or other systems. This may include viruses or failure to employ appropriate security to your scripts. We also do not allow any automatic agents or processes on any server.
3.3 We do not allow any obscene, defamatory, menacing or offensive content, or any attempt to break, or cause us to break data protection legislation.
3.4 Your account, which may include FTP privileges, is for your personal or corporate use only. We do not provide shell (SSH, telnet, rlogin, etc) access to any of our servers or packages. For both our and your security, you should take care not to allow your password to become known to any other person.
3.5 NetWeaver servers must not be used to participate in any form of mass or un-solicited e-mailing or spam, commercial, political or otherwise.
3.6 You should not attempt to view, modify or download any files that are used by other users.
3.7 If your site begins to use system resources (such as processor, memory or disk space) and/or bandwidth to the point where such levels of usage have an adverse affect on other users of our systems, we reserve the right to disable your site until you can reduce resource usage to an acceptable level
3.8 Quotas which we impose are not fixed, so you may overrun them without detriment to your site. However, where this occurs regularly or consistently you will be asked to reduce your usage or upgrade your account.
3.9 Space used by your emails are not included in your disk space quota. Therefore we have an acceptable use policy for emails. Email accounts should be kept under 25mb (occasional levels above this are acceptable) and should not be used as a long term email store (long term being over 60 days).
3.10 In the event we are alerted to any material which breaks these terms, or is deemed to be otherwise offensive, we reserve the right to remove it without prior notice. We may also lock your account until we can contact you, and/or terminate your account.
4) Your data and quotas
4.1 Your data remains your responsibility at all times and you are solely responsible for safeguarding it by way of backup, recovery processes or whatever means you believe appropriate.
4.2 NetWeaver make full backups of all data (Linux only) for the purposes of disaster recovery. We do not keep historical copies of your data and offer no guarantees relating to these backups.
4.3 You should not go over your allocated disk space quota, or bandwidth quota. In situations where you repeatedly over-run your quota you may be asked to pay an upgrade fee to increase your quotas. You may also be asked to pay for additional bandwidth used above your quota. Your website will not be automatically disabled, however, unless we repeatedly cannot contact you or your site is causing problems for other users.
4.4 Our standard price for additional disk space is £15 per 100mb. Our standard price for additional bandwidth not arranged in advance is £0.10 per gb.
5) Payments, Refunds and Credit Terms
5.1 NetWeaver offer a 30 day, no quibble, money back guarantee on all hosting accounts. Should you wish to take up this guarantee, the refund will be the total amount paid, excluding any domain name registration fees. In the event that quotas have been exceeded during the 30 days we reserve the right to offer a partial refund.
5.2 NetWeaver accounts are paid annually, quarterly or monthly in advance. Payment can be made via Credit Card (MasterCard, Visa), Debit Card (Visa Delta, Switch, Maestro, Solo), Cheque/Postal Order or Direct Debit. Monthly payment is only applicable to payment by Direct Debit, Quarterly payment is applicable to payment by Direct Debit, Credit Card and Debit Card. Annual payment is applicable to payment by Direct Debit, Credit Card, Debit Card or Cheque/Postal order.
5.3 NetWeaver do not offer any form of credit terms on new account and will not provide services until any payment due is paid. Where a Direct Debit is live, additional services may be added to the account and activated immediately pending the next collection. If this collection is then refused the services will be terminated immediately until full payment is made.
5.4 If you pay in advance, and cancel your account, it is at NetWeaver’s sole discretion to offer any refund on unused time.
6) Liability and Indemnity
6.1 You will indemnify us against all claims, damages, liabilities, costs (including reasonable legal fees) directly or indirectly related to your registration of or use of your account, the registration or renewal of a domain name or breach by you of these Conditions.
6.2 Nothing in these Conditions in any way excludes or restricts our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be restricted. Nor does it affect your statutory rights.
6.3 In no event (including our own negligence), and even if we have been advised of the possibility of such losses, whether direct or indirect, will we be liable for any:
6.3.1 economic loss (including, without limitation, loss of revenue, profit, contract, business or anticipated savings);
6.3.2 loss of goodwill or reputation;
6.3.3 special, indirect or consequential loss; or
6.3.4 damage to or loss of Data.
6.4 NetWeaver’s liability to the Customer in contract, tort (including negligence) or otherwise is limited to 100% of the payment we received from you for the services in the 12 months before the event or events complained of.
7.1 If you or we terminate your account, or you do not renew your account, all files, e-mails, databases, DNS entries, etc. will be removed. In the event you are moving hosts away from NetWeaver we will keep your account open for a reasonable amount of time so that your site and e-mail will notice no down time in the transition.
7.2 NetWeaver do reserve the right to terminate your account at any time without notice if you are found to be in breach of these terms and conditions, and it would be at our discretion to offer any partial or full refund.
8) Registration of your Domain Name
8.1 You agree to be bound by the terms and conditions of the relevant domain authority. A full list is available here: http://www.netweaver.com/terms/
8.2 If you are using NetWeaver to register a domain with your account (or at any time before or after), you acknowledge that NetWeaver is under no obligation to register a domain name, and we do not guarantee that any domain name can be registered. We will make reasonable endeavours to register your domain, and all registrations are made in the name entered during the registration process. Errors or omissions in the domain name are the responsibility of the customer as the ordering process for domain names is automated. In the event that we are unable to register a domain you will not be charged for that portion of your invoice. If your invoice was already paid, you will receive either a refund in full for the domain name or a credit note against an alternative domain name.
8.3 NetWeaver do not make any charge to transfer in or out any domain name. Where the registry for a specific domain name levies a charge, this will be passed onto the domain owner.
9) Force Majeure
9.1 Neither party will be liable to the other for any delay in performing or failure to perform any of its obligations under these Terms and Conditions which occur as a result of circumstances beyond a party’s reasonable control. This may include but is not limited to; acts of terrorism, natural disasters, civil unrest, power failures, non-availability of any third party telecommunication services and war.
10) This Agreement and Applicable Law
10.1 This contract supersedes all prior agreements, undertakings and representations (unless fraudulent).
10.2 Any third party which is not a party to this contract has no rights under the contract. (Rights of Third Parties Act 1999)
10.3 This agreement is governed by English law and is subject to the exclusive jurisdiction of the courts of England & Wales.
10.4 If any part of these Conditions is deemed void for any reason, the offending words will be considered deleted and the remainder will continue in full force.
11) Changes to and Acceptance of these Terms and Conditions
11.1 These terms and conditions are subject to changes and amendments, and we reserve the right to do so without notice.
11.2 By applying for or using your account you are deemed to have read and accepted these terms.
12.1 If you raise a support ticket, you will be immediately notified by email that we have received the ticket.
12.2 You will receive a human response to the ticket in, at most, 24 hours.