If we design the website for you, you are responsible for supplying us with the text (to me emailed to us ready to copy & paste) and images, therefore it is your responsibility to ensure you own the copyright, we will not be responsible for any errors in the design, typing, spelling mistakes, etc.
For basic €99 websites and basic €299 e-commerce / classified ads type sites or any other website that we build, we do not offer any technical support for free, technical support will be charged for at a rate €40.00 per hour.
We will not design or build any website unless hosted with SDwebspace.
3.)
Zero Tolerance Spam Policy
We take a zero
tolerance stance against sending of unsolicited e-mail, bulk emailing,
and spam. "Safe lists" and "double opt-in" will be treated as spam. Any
user who sends out spam will have their account terminated with or
without notice.
Please read http://www.SDwebspace.net/mailpolicy.html for our
generalized mail policy.
Sites
advertised via SPAM (Spamvertised) may not be hosted on our servers.
This provision includes, but is not limited to SPAM sent via fax,
email, instant messaging, or usenet/newsgroups. No organization or
entity listed in the ROKSO may be hosted on our servers. Any account
which results in our IP space being blacklisted will be immediately
suspended and/or terminated.
SDwebspace reserves the right to
require changes or disable as necessary any web site, account,
database, or other component that does not comply with its established
policies, or to make any such modifications in an emergency at its sole
discretion.
SDwebspace reserves the right to charge the holder
of the account used to send any unsolicited e-mail a clean up fee. This
cost of the clean up fee is entirely at the discretion of SDwebspace.
4.) Payment
Information
You
agree to supply appropriate payment for the services received from
SDwebspace, in advance of the time period during which such services
are provided. You agree that until and unless you notify SDwebspace of
your desire to cancel any or all services received, those services will
be billed on a recurring basis.
Cancellations must be done in
writing via the cancellation form provided. Once we receive your
cancellation and have confirmed all necessary information with you via
e-mail, we will inform you in writing (typically email) that your
account has been canceled. Your cancellation confirmation will contain
a ticket/tracking number in the subject for your reference, and for
verification purposes. You should immediately receive an automatic
"Your request has been received..." email with a tracking number. An
employee will confirm your request (and process your cancellation)
shortly thereafter. If you do not hear back from us, or do not receive
the automatic confirmation email within a few minutes after submitting
your cancellation, please contact us immediately via phone. We require
that cancellations of service are done through the online form to (a)
confirm your identity, (b) confirm in writing you are prepared for all
files/emails to be removed, and (c) document the request. This process
reduces the likelihood of mistakes, fraudulent/malicious requests, and
ensures you are aware that the files, emails, and account may be
removed immediately after a cancellation request is processed.
As
a client of SDwebspace, it is your responsibility to ensure that your
payment information is up to date, and that all invoices are paid on
time. Any invoice that is overdue for 7 days and not paid will result
in a €15
late fee
and/or an account suspension until account balance has been paid in
full.
Invoices
that have been paid more than once with multiple Paypal Subscriptions
can only be added as credit towards the account and cannot be refunded
via Paypal. If you require assistance with this provision, please
contact\n
sales@SDwebspace.net
sales@SDwebspace.net
SDwebspace reserves the right to change the monthly payment amount and
any other charges at anytime.
5.) Backups and Data
Loss
Your
use of the service is at your sole risk. SDwebspace is not responsible
for files and/or data residing on your account. You agree to take full
responsibility for files and data transferred and to maintain all
appropriate backup of files and data stored on SDwebspace servers.
6.) Cancellations
and Refunds
SDwebspace
reserves the right to cancel the account at any time with or without
notice. Websites will be either suspended or terminated for non-payment.
No refunds are given on domain name registration, web hosting, website design, additional programs or work carried out, templates or SEO
Any abuse of our staff in
any medium or format will result in the suspension or termination of
your services.
The following methods of payments are non-refundable, and refunds will
be posted as credit to the hosting account:
* Bank Wire Transfers
* Cheques
* Postal orders
There are no refunds on dedicated servers, administrative fees, install
fees for custom software, or domain name purchases.
7a.) Resource Usage
User may not:
a)
Use 25% or more of system resources for longer then 90 seconds. There
are numerous activities that could cause such problems; these include:
CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended
server-side processes at any point in time on the server. This includes
any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash /
AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat)
network.
e)
Run any bit torrent application, tracker, or client. You may link to
legal torrents off-site, but may not host or store them on our shared
servers.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life,
battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes
When
using PHP include functions for including a local file, include the
local file rather than the URL. Instead of
include("http://yourdomain.net/include.php") use include("include.php")
7b.) INODES
The
use of more than 50,000 inodes on any shared account may potentially
result in suspension. Accounts found to be exceeding the 50,000 inode
limit will automatically be removed from our backup system to avoid
overusage. Every file (a webpage, image file, email, etc) on your
account uses up 1 inode.
Sites that slightly exceed our inode
limits are unlikely to be suspended; however, accounts that constantly
create and delete large numbers of files on a regular basis, have
hundreds of thousands of files, or cause file system damage may be
flagged for review and/or suspension.
The primary cause of excessive
inodes seems to be due to users leaving their catchall address enabled,
but never checking their primary account mailbox. Over time, tens of
thousands of messages (or more) build up, eventually pushing the
account past our inode limit. To disable your default mailbox, login to
cPanel and choose "Mail", then "Default Address", "Set Default
Address", and then type in: :fail: No such user here
8.) Bandwidth Usage
You
are allocated a monthly bandwidth allowance. This allowance varies
depending on the hosting package you purchase. Should your account pass
the allocated amount we reserve the right to suspend the account until
the start of the next allocation, suspend the account until more
bandwidth is purchased at an additional fee, suspend the account until
you upgrade to a higher level of package, terminate the account and/or
charge you an additional fee for the overages. Unused transfer in one
month cannot be carried over to the next month.
9.) Uptime Guarantee
If
your shared / reseller server has a physical downtime that is not
within the 99.9% uptime you may receive one month of credit on your
account. Approval of the credit is at the discretion of SDwebspace
dependant upon justification provided. Third party monitoring service
reports may not be used for justification due to a variety of factors
including the monitor's network capacity/transit availability. The
uptime of the server is defined as the reported uptime from the
operating system and the Apache Web Server which may differ from the
uptime reported by other individual services. To request a credit,
please contact\n
sales@SDwebspace.net
sales@SDwebspace.net
with justification. All requests must be made in writing via email.
Uptime guarantees only apply to shared / reseller solutions. Dedicated
servers are covered by a network guarantee in which the credit is
prorated for the amount of time the server is down which is not related
to our uptime guarantee.
10.) Reseller:
Client Responsibility
Resellers
are responsible for supporting their clients. SDwebspace does not
provide support to our Reseller's Clients. If a reseller's client
contacts us, we reserve the right to place the client account on hold
until the reseller can assume their responsibility for their client.
All support requests must be made by the reseller on their clients'
behalf for security purposes. Resellers are also responsible for all
content stored or transmitted under their reseller account and the
actions of their clients'. SDwebspace will hold any reseller
responsible for any of their clients actions that violate the law or
the terms of service.
11.) Shared
(non-reseller accounts) / Semidedicated Servers
Shared
accounts may not resell web hosting to other people, if you wish to
resell hosting you must use a reseller account. Semidedicated servers
are not backed up. You must maintain your own backups.
12.) Dedicated
Servers
SDwebspace
reserves the right to reset the password on a dedicated server if the
password on file is not current so that we may do security audits as
required by our datacenter. It is the responsibility of the client to
ensure that there is a valid email address and current root password on
file for their dedicated server on file to prevent downtime from forced
password resets. SDwebspace reserves the right to audit servers as
needed and to perform administrative actions at the request of our
datacenter. Dedicated servers are NOT backed up by us and it is the
responsibility of the client to maintain backups or have a solution for
this. You may purchase an additional hard drive and maintain backups to
it as the most simple solution. Please contact\n
sales@SDwebspace.net
sales@SDwebspace.net
if you wish to obtain a secondary hard drive. It is your responsibility
to maintain backups.
13.) Price Change
The
amount you pay for hosting will not increase from the date of purchase
(for the 1st 12 months). We reserve the right to change prices listed
on SDwebspace.net, and the right to increase the amount of resources
given to plans at any time.
14a.) Indemnification
Customer
agrees that it shall defend, indemnify, save and hold SDwebspace
harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorney's fees asserted against
SDwebspace, 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 customer, its agents, employees or
assigns. Customer agrees to defend, indemnify and hold harmless
SDwebspace against liabilities arising out of; (1) any injury to person
or property caused by any products sold or otherwise distributed in
connection with SDwebspace; (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 customers from SDwebspace's server.
14b.) Arbitration
By
using any SDwebspace services, you agree to submit to binding
arbitration. If any disputes or claims arise against SDwebspace or its
subsidiaries, such disputes will be handled by an arbitrator of
SDwebspace's choice.
15.) Disclaimer
SDwebspace
shall not be responsible for any damages your business may suffer.
SDwebspace makes no warranties of any kind, expressed or implied for
services we provide. SDwebspace disclaims any warranty or
merchantability or fitness for a particular purpose. This includes loss
of data resulting from delays, no deliveries, wrong delivery, and any
and all service interruptions caused by SDwebspace and its employees.
16.) Disclosure to
law enforcement
SDwebspace
may disclose any subscriber information to law enforcement agencies
without further consent or notification to the subscriber upon lawful
request from such agencies.
We will cooperate fully with law enforcement agencies.
17.) Changes to the
TOS
SDwebspace reserves the right to revise its policies at any time
without notice.
These Terms of Service were last updated at 16:04 on the 2nd of April 2010