1. DOMAIN NAMES & HOSTING TERMS OF SERVICE
SEAHORSE WEB DESIGN TERMS
Hosting is supplied on a reseller basis from Heart Internet. Seahorse Scotland
provides hosting in accordance with their standard terms and conditions, which
we use as a basis for our terms, as outlined further below.
Seahorse Scotland shall not be liable for any consequential losses you may suffer.
Seahorse Scotland is not responsible for any use you make of their services,
neither for any charges that you incur with any third party nor for any software
running on your systems.
You will indemnify Seahorse Scotland against the effects of any misuse or any
claims resulting from that misuse.
Yearly Internet contracts are discounted packages and therefore cannot be part
paid or cancelled until renewal. One month's written notice is required to
terminate annual agreements after the first year.
Regardless of anything else in these terms and conditions, our liability shall not
exceed the proportionate amount of your subscription.
When your account is closed, all files (including web pages, etc.) will be deleted.
It is the Customer’s responsibility to ensure that all files are backed up on a
regular basis, whether by agreeing in writing with Seahorse Scotland that
Seahorse Scotland will do this on the customer’s behalf, or otherwise.
We reserve the right to cancel your account at any time without notice.
We reserve the right to change the costs of our services.
We reserve the right to amend and update these Terms and Conditions at any
time without notice.
To protect your privacy we never distribute your name or e-mail address to any
third parties.
Users must not participate in any form of un-solicited bulk e-mailing or Spam.
By logging into your account, or uploading files to it, you are indicating your
acceptance of these Terms and Conditions.
PAYMENT OF SERVICE
If your account/service is activated before payment is made then payment must
be sent in full by return. If payment is not made in full within 14 days your
account may be deactivated.
Our domain name storage & hosting service is provided through Heart Internet.
All users of this service are bound by the general terms and conditions outlined
on the following page(s).
2. Seahorse Scotland provides World Wide Web page hosting & domain name
storage through Heart Internet. Seahorse Scotland reserves the right to suspend
or cancel a customer's access to any or all services provided by Seahorse
Scotland when Seahorse Scotland decides that the account has been
inappropriately used or otherwise.
SERVER USE
Personal accounts are to be used by the primary owner only. Personal account
holders are not permitted to resell, store or give away web-hosting services of
their website to other parties. Web hosting services are defined as allowing a
separate, third party to host content on the owner's web site. Exceptions to this
include ad banners, classified ads, and personal ads. Access to an account may,
however, be granted to secondary users for the purposes of site administration
only.
Seahorse Scotland reserves the right to refuse service and /or access to its
servers to anyone.
You will be responsible for the content of your pages, including obtaining the legal
permission for any works they include and ensuring that the contents of these
pages do not violate UK law.
You will be held responsible for and accept responsibility for any defamatory,
confidential, secret or other proprietary material available via your page(s).
We reserve the right to remove material deemed inappropriate from your web
pages, without prior notice.
Seahorse Scotland do not allow any of the following content to be stored on its
servers:
Illegal Material - This includes copyrighted works, commercial audio, video, or
music files, and any material in violation of any Federal, State or Local regulation.
Adult Material - Includes all pornography, erotic images, or otherwise lewd or
obscene content. The designation of "adult material" is left entirely to the
discretion of Seahorse Scotland.
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.
UNLIMITED USE POLICY
High bandwidth usage: Fasthosts offers up to an unlimited use policy by
maintaining very large ratios of bandwidth per customer, depending on the
hosting package purchased. In extremely rare cases, Seahorse Scotland may find
a customer to be using server resources to such an extent that he or she may
jeopardize server performance and resources for other customers. In such
instances, Seahorse Scotland reserves the right to impose the High Resource
User Policy for the consideration of all customers, which may include, but is not
restricted to, reducing the amount of monthly bandwidth available to that
customer. (See policy on the next page).
3. HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization.
Seahorse Scotland may implement the following policy to its sole discretion:
When a website is found to be monopolising the resources available Seahorse
Scotland reserves the right to suspend that site immediately. This policy is only
implemented in extreme circumstances and is intended to prevent the misuse of
our servers. Customers may be offered an option whereby Seahorse Scotland
continues hosting the website for an additional fee, or alternatively reduces the
bandwidth available too that customer.
DOMAIN NAMES
We allow domain names to be transferred away from us free of charge. Normally
names are paid for a 2 year period, but if there is a prepaid period of more than 9
months remaining on the domain name registration that has not been paid by the
client, then this will be charged & paid for before the name will be released.
If a client moves in excess of 5 names in a one month period a charge of £2 per
domain name for will be charged as a contribution towards administrating these
transfers. The first 5 names will be free.
In requesting a transfer of a domain, the correct procedures should be followed
by the new holding company.
PAYMENT POLICIES
All accounts are set up on an annual prepay basis. Although Seahorse Scotland
reserves the right to change prices of accounts or services at any time all pricing
is guaranteed for the period of prepayment. Payment is due each anniversary
year or month following the date the account was established. Customers will
automatically be charged again at the end of their prepay period unless closure
notification has already been given.
Seahorse Scotland reserves the right to suspend other services until the
outstanding debt is cleared. The customer is responsible for all money owed on
the account from the time it was established to the time that the customer sends
a written cancellation request.
CANCELLATION AND REFUNDS
Seahorse Scotland reserves the right to cancel the service at any time. If a
customer contravenes Seahorse Scotland’s terms of service a refund will not be
issued in the event of a cancellation.
Customers may cancel their account at any time.
Fees charged on a prepay basis are non-refundable.
4. INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold Seahorse Scotland
harmless from any and all demands, liabilities, losses, costs and claims, including
reasonable attorney's fees asserted against Seahorse Scotland, 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 Seahorse Scotland against liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise
distributed in connection with Seahorse Scotland’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
customer from Seahorse Scotland's server.
DISCLAIMER
Seahorse Scotland will not be responsible for any damages your business may
suffer. Seahorse Scotland makes no warranties of any kind, expressed or implied
for services we provide. Seahorse Scotland disclaims any warranty or
merchantability or fitness for a particular purpose. The includes loss of data
resulting from delays, non deliveries, wrong delivery, and any and all service
interruptions caused by Seahorse Scotland and its employees. Seahorse Scotland
reserves the right to revise its policies at any time.