Terms & Acceptable Use Policy
MSPr webdesign Terms & Acceptable Use Policy. MSPr reserves the right to modify these terms and conditions at any time, effective upon posting of the modified terms and conditions at msprwebdesign.co.uk. By registering for and using the Services, and thereby accepting the terms and conditions, you agree to abide by these conditions as modified from time to time. Any violation may result in the suspension or termination of your account or such other action.
MSPr reserves the right to suspend or cancel a customer's access to any or all services provided by MSPr when it has been decided that the account has been inappropriately used or otherwise.
Payment Policy
All accounts are set up on a prepay basis. MSPr reserves the right to change prices of accounts or services at any time. Any prepaid prices will be guaranteed for the length of the prepayment. Payment is due each anniversary year, or quarter from the date the account was established. Customers will automatically be sent an invoice at the anniversary date unless closure notification has already been given in writing (by email letter or fax).
In situations where payment in full has not been received by the due date, MSPr reserve the right to suspend any or all services provided until any outstanding charge is processed successfully. 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.
All invoices will be sent directly to customers via email after the purchase has been made.
All prices shown are in UK sterling.
Domain names are registered for the period specified at the time of ordering, and are renewable on or before the end of the initial paid-for period, at the then current renewal rates. Domain names renewed on behalf of a customer to ensure continuity of service will beome the property of MSPr until the renewal fee has been paid ownership of the domain will then be transferred back.
Website hosting period is either quarterly or yearly, based upon your initial order and payment, at the rate specified in the renewal invoice provided. Website hosting is automatically renewed and payable quarterly or yearly on termination of the initial contract period and any subsequently renewed contract period, unless you give one month written notice to MSPr to cancel the Service. An invoice will be sent at least 30 days before the expiration period.
Payment Options
All payments must be in UK Pounds Sterling.
Credit / Debit Cards: MSPr accepts various credit cards as posted on our website. All card payment are processed by Paypal / Google checkout or Nochex via their secure servers.
Cheque Payment: If paying by cheque MSPr cannot guarantee that a service will be provided until after any received cheques have been cleared. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25
Cancellation and Refunds
Customers have a right to cancel an order within 10 days of us accepting paymentfor new hosting business. In that case, a refund will be given within 30 days of receiving a cancellation notice. A refund will not be made for domain names registration or renewal and renewed hosting services as it is agreed that the service is provided within 24 hours of the payment being made.
Customers may also cancel their account at the end of a period of service as long as it is done before the due date on the renewal invoice. Cancellation must be made in writing by email fax or post. Any outstanding charges and an administration fee for help (if required) with transfer of domains and website data of £50 GBP is payable and must be paid before termination is effected. It is the responsibility of the site user to ensure all emails are downloaded and backed up before the agreed termination date. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation.
MSPr reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of service. If a customer contravenes MSPr's terms of service a refund will not be issued in the event of a cancellation.
Domain names cannot be transferred away from us until 60 days have passed from the registration date.
Delivery & Provision of Service
We shall use our reasonable endeavours to make available to you at all times the server and the services but we shall not, in any event, be liable for interruptions of service caused by technical faults, server downtime, upgrades and maintenance work.Unless otherwise stated or agreed, we aim to complete all orders within 36 hours of payment being received and cleared through our bank, with the exception of web design where work will be completed within a reasonable time.
Complaints
We endeavour to respond to all complaints within five working days. Complaints should be made in writing either by our support ticket service or email to support@msprwebdesign.co.uk or by mail to: MSPr webdesign c/o 93 high st Wombwell Barnsley S73 8HS.
Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of MSPr is strictly prohibited. MSPr will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a MSPr customer, whether or not the attacked account or computer belongs to MSPr, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. We will liase and assist all relavant authorities regarding such matters.
IMPORTANT NOTE - MSPr has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below. No files located on the offending account will be retrievable.
Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing's, newsgroup spamming, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by MSPr to be unacceptable use of MSPr's services including abuse of server resources.
All hosting accounts may be terminated that include the following content or which have links to the following content:
Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred. Displaying material that contains anything obscene, libelous or threatening Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.Displaying material that exploits children under 18 years of age. Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Bandwidth Traffic
Each plan with MSPr comes with a pre determined bandwidth usage amount. In the event that your account exceeds the bandwidth limitations included with your account you will be billed an over-use fee as per the bandwidth section on our FAQ's page at www.msprwebdesign.co.uk/faq.html.You will receive a notice detailing your bandwidth usage. You will have 14 days to pay for your overages. If you do not pay for your overages your site will be disabled within 14 days of your first notice.
CGI Scripts
Each shared Unix web hosting account comes with its own cgi-bin, in which you are free to use CGI scripts you wish. All CGI scripts (Perl scripts with a .pl or .cgi extension) intended for use on shared servers web hosting accounts are subject to approval by our Administrators. If in doubt, please contact us at support@msprwebdesign.co.uk
Chat Rooms
We do not allow clients to install their own chat rooms within a shared hosting account. If upon routine checking of our servers any chat rooms found will without notice be immediately removed any data related to them may be lost and MSPr do not accept any resposibility for such data loss.
Abuse of Mail Server
Spamming is NOT allowed. It is illegal in the UK to send any amounts of unsolicited marketing emails and we will immediately terminate accounts that are used for spamming.
Linux servers: A maximum of 100 e-mails per hour and up to a total of 1000 e-mails per day can be sent per hosting account. If you do send more than 1000 e-mails per day, your account will be placed on hold for Network Abuse.
Background Running Programs
We do not generally allow programs to run continually in the background. There may be exceptions and these are considered on a one-to- one basis. An extra charge will be incurred based on system resources used and operational maintenance needed.
IRC
We currently do not allow IRC, IRC clients or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination.
Excessive Use/Overages
You may not exceed the bandwidth, storage and E-mail usage limits outlined by your particular web hosting package. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, MSPr may, in its sole discretion, assess you with additional charges. If MSPr elects to take any corrective action, MSPr will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges.
General usage rules
Users are also required to abide by the following:
Databases are only to be used for MSPr hosted web sites, and no outside access will be granted. Mailing lists may not be used for the purpose of sending messages to anyone who has not requested to be on the list. A limit is imposed on how many email can be sent per hour and per day. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum with an SQL database.
The following scripts and categories of scripts are most definitely banned from our servers:
UltimateBBS (all versions) Ikonboard (all versions) IRC Egg Drops Proxy Servers nph-proxy The Anonymizer any bulletin board using a flat file database any version of Matt's FormMail script. If you need to use a form to mail script, we only allow the latest version that can be downloaded from http://nms- cgi.sourceforge.net/scripts.shtml as it is the most secure at the moment.Intellectual Property Rights
Material accessible to you through MSPr's services may be subject to protection under the United Kingdom, United States, Canada, or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use BMSPr or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the BestHost network. If you use a domain name in connection with MSPr or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Network Security
Customers may not use the MSPr network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. MSPr will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, BestHost will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting MSPr or any of its other customers.
Electronic Commerce
You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
Static / Dynamic Content Caching
You expressly (i) grant to MSPr a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by MSPr under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
IP Address Ownership and Usage
MSPr shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by MSPr and MSPr reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
IP Address usage must be justifiable, as per ARIN guidelines. Justifiable uses are listed below SSL Encryption - Service Domain - Virtual FTP server - Anonymous FTP server.
Lawful Purpose
MSPr reserves the right to refuse service to anyone. Customers may only use MSPr servers for lawful purpose. Transmission of any material in violation of any National or regional regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of MSPr management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in the UK, and any dispute will be litigated or arbitrated in the UK. Customer further waives all objections to venue or jurisdiction.
Indemnification
You agree to indemnify, defend, and hold harmless BestHost from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, MSPr, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
Customer agrees to defend, indemnify and hold harmless MSPr against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with BestHost'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 MSPr's server.
No warranties
MSPr makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non- infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by MSPr or its agents or employees shall create a warranty. BestHost provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components.
Under no circumstances shall BestHost be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
If you are dissatisfied with MSPr's service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on MSPr' servers that such information becomes available to all Internet users and that MSPr has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of MSPr' servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through MSPr or on the Internet generally.
Your use of the service is at your sole risk. MSPr is not responsible for files and 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 MSPr servers unless using MSpr's paid backup services the level of backup then being subject to the level of backup purchased.
MSPr reserves the right to delete any of your files after one or both parties terminates the service agreement between MSPr and the Yourself.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by MSPr, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future BestHost policy decisions.
MSPr reserves the right to monitor any and all communications through or with our facilities. You agree that MSPr is not considered a "secure communications medium", and that no expectation of privacy is afforded.
Privacy
We are committed to protecting your privacy.
We collect information about our customers for 2 reasons, for the purpose of invoicing and general business communications between MSPr and its customers.
We do not sell or share the information you have given us with any third party.
The type of information we will collect about you includes: your name address phone number email address
We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by accessing your account on the billing system. If you find any inaccuracies, you can correct it.
Our shopping carts makes use of 'cookies' which stores information about you and your purchase for the purpose of allowing us to process your order.
If you have any questions/comments about privacy, you should email us at support@msprwebdesign.co.uk
Account-Holder Identification Information
You agree that you as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name.
You agree to supply MSPr with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
Sharing of account space & resale restrictions
You agree and understand that the account you purchase is purchased for yourself. You understand that as the purchaser, you are the individual solely responsible for all use of the account.
Agreement Acknowledgement
This agreement supersedes any written, electronic, or oral communication you may have had with MSPr or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
By placing and continuing to maintain or place information on MSPr' servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.