Last updated 1st March 2007

Introduction

This document sets out the terms and conditions that apply to services provided to clients by DotNetted, the document also covers the acceptable use of these services and the resources they include.

DotNetted provides Web site hosting, domain name registration and management. DotNetted reserves the right to suspend or cancel a client's access to any or all services provided by DotNetted if that client is found to be in breach of the following terms and conditions / acceptable use policy.

Please note that .uk domains registered on our clients behalf by DotNetted are also subject to by Nominet's terms and conditions which can be found here.

Acceptance

To place an order through the DotNetted web site clients will have to tick a checkbox to indicate that they have read, understood, and agree to these terms and conditions. A prominent link to these terms and conditions also appears on the DotNetted web site.

Placing an order will be taken as agreement by the client to these terms and conditions. DotNetted reserves the right to revise its policies at any time, please check this document regularly.

Spamming / unsolicited mail

The sending of Spam from a DotNetted server or the use of any domain name that resolves to a DotNetted server within Spam mail is strictly prohibited will result in a warning or, at Dotnetted's discretion, suspension or termination of the clients account.

In extreme cases DotNetted also reserve the right to bill the account holder for time spent by our staff responding to unsolicited mail complaints at the rate of £50 +vat per hour.

Spam is defined as any unsolicited mail sent promoting products or services, whether for profit or not, to a recipient that has not expressly agreed to receive this information in advance. Note that Spam does not need to be bulk mail, a single unsolicited mail is still Spam.

Illegal or unsuitable content

The following items may NOT be stored on our servers or transmitted via e-mail using DotNetted servers / network.

Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Local, National or International regulation.

Adult Material - Includes all pornography, frontal nudity, explicit erotic images, racially derogatory material or otherwise obscene or offensive content.

Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and links to information on any of the above.

Viruses - All files uploaded to DotNetted's servers should first be checked by the client as clean from viruses, trojans or other malware.

In the event that any of the above content is found to have been uploaded to a clients account the files will be deleted and the client will receive a warning. Repeated offences will result in account suspension or cancellation at DotNetted's discretion. DotNetted also reserve the right to immediately suspend or cancel an account where the offence is severe or we believe the client to have knowingly and deliberately breached these terms and conditions.

Bandwidth / resources usage

DotNetted hosting packages are sold with a set allowance of both monthly bandwidth and storage space, if an account is found to have used more than it's allowed resources we will contact the client and ask them to upgrade their package to meet the demands.

In cases of extreme excess usage the owner will be liable, at DotNetted discretion, to pay for usage over the allowances. Current 'overage' prices are :

£1 (+vat) per GB of data in excess of allowances (charged in 1GB units).
£1 (+vat) per 50MB storage in excess of allowances (charged in 50MB units).

Please note that overage charges are at DotNetted discretion, a small overage on an infrequent basis will not be charged, however if an account holder persistently uses more that their allowance or uses an amount of resources which is greatly beyond their allowances they will be billed at the rates shown.

In rare cases, DotNetted may find a client to be using server resources to such an extent that he or she may jeopardise server performance and resources for other clients. If an account is found to be monopolising the resources available, the account will be suspended and the account holder contacted in order to discuss the situation. If no arrangement can be reached, DotNetted reserves the right to terminate the account.

File Backup

We perform daily backups of our servers and customer data. Please note, however, that these backups are performed to allow restoration of data by DotNetted if there is a server related problem, they are not available to clients to restore files that have been damaged or deleted by the client.

In the event of a non-recoverable server failure we will endeavour to restore the server exactly as it was before the failure (to the point of the last daily backup) including all client data. However we offer no guarantee of 100% restoration of data - it is the clients responsibility to always keep an up to date local copy of their site and data.

Payment policy

All services are charged on a prepay basis either yearly or monthly.

Although DotNetted reserves the right to change the prices of provided services at any time all pricing is guaranteed for the period of prepayment. Where the account is paid yearly in advance we guarantee that price for the full year. Where paid monthly we guarantee the price for that month only. Clients will be notified at least 30 days in advance of any price changes.

Clients will automatically be billed again at the end of their current payment period unless written cancellation notification has been received by DotNetted.

The client is responsible for all charges accumulated on their account from the time it was established to the time that DotNetted receives a written cancellation request.

Payment Arrears

If a clients account, for whatever reason, falls into arrears DotNetted reserves the right to suspend the account until the outstanding charge is received successfully. In addition, DotNetted reserves the right to suspend any other services provided to the client until the outstanding debt is cleared.

If the account falls more than 7 days in arrears Dotnetted reserves the right to cancel the account and delete all related files.

A charge of £25.00 will be applied in the case of a credit / debit card chargeback determined to have been requested on a legitimate credit / debit card charge.

Cancellation and refunds

Clients may cancel their services and stop further charges at any time, however fees paid on a prepay basis are non-refundable in the event of client cancellation. Notification of cancellation must be received by DotNetted in writing. E-Mail notification must include sufficient information (including main account password) to prove that the sender is in fact the account owner.

DotNetted reserves the right to cancel services at any time. If an account is cancelled through no fault of the client then the client will be entitled to a pro rata refund of fees paid. If a clients account is terminated due to contravening DotNetted terms and conditions a refund will not be issued.

Domain Availability

We make no representation that the domain name you wish to register is capable of being registered by or for the client or that it will be registered in the clients name. The client should therefore not assume registration of your requested domain name(s) until notified that it (or they) have been registered. Any action taken by the client before such notification is at their own risk.

Continued Domain Availability

DotNetted give no warranty that your domain name is or will continue to be available for use or that no domain name is or will be registered which conflicts with your domain name or which otherwise affects use of your domain name.

Domain transfer and release

DotNetted apply no charge for releasing or transferring a domain to another provider - permission for release or transfer must be supplied by the client in writing, e-mail notification must include sufficient information (including main account password) to prove that the sender is in fact the account owner.

DotNetted will not release any domain name to another provider if the clients account is in arrears.

Domain Naming authority terms and conditions

The registration and use of any domain name is subject to the terms and conditions of use applied by the relevant naming authority. It is the clients responsibility to ensure that they are aware of those terms and conditions and comply with them. The client shall have no right to bring any claim against DotNetted in respect of refusal to register a domain name or cancellation of the domain name by the relevant naming authority.

.uk domains are subject to Nominet's terms and conditions which can be found here.

Domain Name Disputes Liability

DotNetted shall have no liability in respect of the use by the client of any domain name and any dispute between the client and any other party must be resolved between the parties concerned in such dispute.

Client Confidentiality

In the course of serving its clients DotNetted acquires, stores and transmits client communications and information that clients may regard as private or sensitive. Some of this information (such as the client's name, address and telephone number) is provided to DotNetted by its clients in order to establish service. Other information (such as the client's account status, choice of services and client logs) is created and maintained by DotNetted in the normal course of providing service.

DotNetted will not disclose any clients personal and account information unless DotNetted has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of DotNetted, DotNetted's clients, or others, or where DotNetted has a good faith belief that the law requires such disclosure.

Electronic commerce laws

The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect and defend DotNetted against any claim, suit, penalty, tax or tariff arising from the clients exercise of Internet Electronic Commerce.

Any client taking orders and / or payments via a website hosted with DotNetted MUST always display accurate and up to date contact information on their web site. Failure to provide accurate and current information may, at DotNetted discretion, result in a warning or suspension of the clients account until such details are provided.

Force Majeure

DotNetted shall not be responsible for any failure to provide any service or perform any obligation because of any act of God, strike, work stoppage, governmental act or directive, war, riot or civil commotion, equipment or facilities shortage which are being experienced by providers of telecommunication services generally, or other similar force beyond its reasonable control.

Indemnification

When using a DotNetted account the client agrees that it shall defend, indemnify, save and hold DotNetted harmless from any and all demands, liabilities, losses, costs and claims, including legal fees asserted against DotNetted, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, its agents, employees or assigns.

The client agrees to defend, indemnify and hold harmless DotNetted against liabilities arising out of :

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with DotNetted servers.

(2) any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party.

(3) claims of liable, slander or defamation of character of an individual or organisation originating from documents installed by the client on DotNetted servers.

(4) copyright infringement.

(5) any defective products sold to client from a clients site hosted on a DotNetted server.

Disclaimer

DotNetted will not be responsible for any damages your business may suffer. DotNetted makes no warranties of any kind, expressed or implied for services we provide. DotNetted disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by DotNetted and its employees.