Terms and Conditions
Website Construction Terms & Conditions
In this Agreement:
1.1 “User” means anyone the Client authorises to use the Service. “The Art and Web Company or Artwebco ” means The Art and Web Company Ltd.
1.2 “Agreement” means this Service Agreement.
1.3 “Client” means the person(s) named on the Order Form and any authorised user.
1.4 “Customer support” means all customer support and help services provided by Artwebco to handle enquiries.
1.5 “Service” means all services provided by Artwebco to the Client and user(s).
Section 2 – Agreement Duration
2.1 This Agreement begins on the date that the Client uses an Artwebco service and will continue until terminated in accordance with this Agreement.
Section 3 – Service Provision
3.1 Artwebco endeavours to provide uptime in excess of 99.9% at all times.
3.2 Artwebco will provide the Client with the Service on the terms of this Agreement.
3.3 aArtwebco will provide the Service by any date agreed with the Client but the Client is advised that all dates are estimates and Artwebco has no liability for any failure to meet any date.
3.4 From time to time faults of a technical nature may occur. At such times, Artwebco will endeavour to minimise any loss of service in such occurrences.
3.5 Artwebco reserves the right to:
3.5 (i) change the technical specification of the Service;
3.5 (ii) suspend the Service for operational reasons such as repair, maintenance or improvement of the Service or because of an emergency.
3.5 (iii) Artwebco is not responsible for any provision or maintenance of the Client computer hardware, software and telecommunications equipment that give the Client access to the Artwebco services.
3.5 (iv) The Client will indemnify Artwebco of any responsibility for the acts and omissions of all Users in connection with the Service. The Client is liable for any failure by any User to perform or observe the terms and conditions of this Agreement.
Section 4 – Security
4.1 The Client is responsible for the security and maintenance of all user names and passwords used in connection with the Service. The Client is advised to ensure passwords and user identities are kept confidential and secure.
4.2 The Client is obligated as a matter of urgency to inform Artwebco if there is any reason to believe that a user name or password has or is likely to become known to an unauthorised person(s).
4.3 The Client must not change or attempt to change a user name or alias. If a Client forgets or loses a password or user name the Client must contact Artwebco and satisfy such security checks as Artwebco may operate.
4.4 If at any time Artwebco considers that there is or is likely to be a breach of security, Artwebco reserves the right to suspend user name and password access to the Service or reserves the right to require the Client to change any or all of the passwords used by the Client in connection with the Service.
4.5 The Client is obligated as a matter of urgency to inform Artwebco of any changes to the information the Client supplied when registering for the Service.
Section 5 – Service Use
5.1 The Service is provided solely for the Client’s and Authorised Users use. The Client will not sell or attempt to sell the Service whether whole or in part to any third-party.
5.2 The Service must not be used by the Client or any User in a way that does not comply with:
5.2 (i) the terms of any legislation or any license applicable to the Client or that is in any way unlawful;
5.3 The Service must not be used by the Client or any authorised User:
5.3 (i) Fraudulently or otherwise unlawfully; to send, receive, upload, download, use or re-use any information or material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, copyright, trademark, service mark, patent, privacy or any other rights;
5.3 (ii) to cause annoyance, inconvenience or needless anxiety;
5.3 (iii) to transmit knowingly or recklessly any electronic material through the Service which shall cause or is likely to cause harm, in any degree, to computer systems owned by Artwebco or other Internet users;
5.3 (iv) to send or provide unsolicited advertising or promotional material or to receive responses to any unsolicited advertising or promotional material sent or provided using the Service by any third party; or
5.3n (v) other than in accordance with the acceptable use policies of any connected networks.
5.4 The Client must not use a user name or alias which infringes the rights of any person in a corresponding trade mark or name. Artwebco reserves the right to require the Client to select a replacement user name or alias and may either refuse to provide or may suspend Service if, in Artwebco’s opinion, there are reasonable grounds for Artwebco to believe that the user name or alias is, or is likely to be, used for a dishonest purpose, offensive, abusive, defamatory, obscene, or in violation of any person’s intellectual property or similar rights.
Section 6 – Indemnity
6.1 The Client hereby indemnifies Artwebco from any claim brought by a third party resulting from the use of the Service. The Client further indemnifies Artwebco in respect of all losses, including loss of turnover, sales, revenue, profits or indirect, consequential or special loss, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred by Artwebco in consequence of the Client’s breach or non-observance of the Agreement.
6.2 The Client shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgements awarded against artwebco arising from the above claims and shall provide Artwebco with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the Client’s sole expense.
6.3 This section known as ‘Section 6 Indemnity’ shall remain in effect for five years after the termination of this Agreement.
Section 7 – Confidentiality
7.1 Artwebco will keep in confidence any information provided to it by the Client. Artwebco will not disclose any Client information to any person other than its employees without the Client’s consent.
7.2 The exception to this is:
7.2 (i) any information which has been published other than through a breach of this Agreement;
7.2 (ii) information lawfully in the possession of the recipient before the disclosure under this Agreement took place;
7.2 (iii) information obtained from a third party who is free to disclose it;
7.2 (iv) information which a party is requested to disclose and if it did not could be required by law to do so; or
7.2 (v) information which has been reduced by Artwebco to anonymous, non-personal form before disclosure
7.3 This section known as ‘Section 7 Confidentiality’ shall remain in effect for 5 years after the termination of this Agreement.
Section 8 – Liability
8.1 Artwebco is not liable to the Client under any circumstances for direct or indirect loss of profits, sales, revenue, business or anticipated savings, indirect, consequential or special loss, nor for any indirect loss or damage, nor for the destruction of data.
8.2 Artwebco excludes all liability of any kind in respect of any material on the Internet which can be accessed using the Service and is not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Service or on the Internet.
8.3 Artwebco is not liable to the Client either under any circumstances for the acts or omissions of other providers of telecommunications or Internet services (including domain name registration authorities) or for faults in or failures of their equipment.
8.4 If Artwebco is unable to perform any obligation under this Agreement because of a matter beyond its reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or acts of local or central Government or other competent authorities, or events beyond the reasonable control of its suppliers, it will have no liability for that failure to perform.
8.5 Each provision of this Agreement, excluding or limiting liability, operates separately. If any part is held by a court to be unreasonable or inapplicable, the other parts shall continue to apply.
Section 9 – Domain Names
9.1 The Client confirms and warrants that it is the owner of, or that the Client has been and is duly authorised by the owner to use, any trade mark or name requested or allocated as its Name.
9.2 The Client acknowledges that Artwebco cannot guarantee that any Name the Client requests will be available or approved for use.
9.3 The Client recognises that a domain name may appear available at time of purchase, however owing to the varied updating processes of third-party databases, may come to realise that the domain was not available, even if paid for. Such occurrences are rare but do happen.
9.4 Artwebco has the right to require the Client to select a replacement Name and may suspend the Service if, in the opinion of Artwebco, there are reasonable grounds for Artwebco to believe that the Client current choice of Name is, or is likely to be, in breach of the provisions of this Agreement or the law.
9.5 If the Service includes the registration of an Internet domain name the Client acknowledges and agrees that:
9.5 (i) Artwebco does not represent, warrant or guarantee that any domain name applied for by the Client or on its behalf will be registered in its requested name or is capable of being registered by it or that the use of such domain name by it will not infringe any third party rights. Accordingly, the Client should take no action in respect of its requested domain name(s) until it has been notified that its requested domain name has been duly registered and Artwebco will not be liable for any such action taken by the Client.
9.5 (ii) the registration of the domain name and its ongoing use by the Client is subject to the relevant naming authority’s terms and conditions of use and the Client undertakes to Artwebco that it will comply with such terms and conditions. The Client hereby irrevocably waives any claims it may have against Artwebco in respect of any decision of a naming authority to refuse to register a domain name and, without limitation, the Client acknowledges and agrees that any administration or other charge paid by the Client in respect of the registration of the domain name is non- refundable in any event.
9.6 The Client shall have no right to bring any claim against us in respect of refusal to register a domain name or cancellation of the domain name by the relevant naming authority, Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired domain name.
9.7 Artwebco accepts no responsibility in respect of the use of a domain name by the Client and any dispute between the Client and any other individual or organisation regarding a domain name must be resolved between the parties concerned and Artwebco will take no part in any such dispute. Artwebco reserves the right, on becoming aware of such a dispute concerning a domain name, at its sole discretion and without giving any reason, to either suspend or cancel the relevant service associated with the domain name, and/or to make such representations to the relevant naming authority as it deems appropriate.
9.8 Artwebco make no representation that the domain name you wish to register is capable of being registered by or for you. You should therefore not assume registration of your requested domain name until you have checked the details against an appropriate WHOIS database. Any notification you receive from Artwebco will act to inform you that we are applying for it on your behalf to secure the domain, not that it has been successfully registered. Any action taken by you prior to getting WHOIS confirmation is at your own risk.
9.9 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them.
9.10 If Artwebco cannot register a domain name, you, the user will be credited the domain registration fee in full, unless you have deliberately applied for a name that you are not entitled to, for example, a ltd.uk. You will not be entitled to any other form of compensation from us Artwebco. Due to the personalised nature of domain names and the registration process, unfortunately once registered or submitted the domain name cannot be cancelled and there can be no refund.
9.11 We give no warranty that your domain name is or will continue to be available for your use or that no domain name is or will be registered which conflicts with your domain name or which otherwise affects your use of your domain name.
9.12 We shall have no liability in respect of the use by you of any domain name any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
9.13 We shall not release any domain to another provider unless full payment for that domain has been received by Artwebco. You may not sell any domain name for which Artwebco has not received payment. You may not transfer ownership of any domain name for which Artwebco has not received payment.
9.14 It is the sole responsibility of you the user to provide us Artwebco with up to date contact details and to inform us, Artwebco of any renewals concerning domain names registered.
9.15 Any Internet Protocol address allocated by Artwebco to the Client shall at all times remain the sole property of Artwebco and the Client will have a non-transferable licence to use such address for the duration of this Agreement. If this Agreement is terminated for whatever reason, the Client’s licence to use the Internet Protocol address shall automatically terminate and thereafter it will not use such address.
Section 10 – Termination of Agreement
10.1 Either party may terminate this Agreement on 14 days’ notice to the other, without prejudice to any rights that may have accrued before termination.
10.2 When an account has been running for 45 days or less all expenses and setup costs will be borne by the User.
Section 11 – Breaches of Agreement
11.1 Either party may terminate this Agreement if the other:
11.1 (i) commits a material breach of this Agreement, which is capable of remedy, and fails to remedy the breach within a reasonable time of a written notice to do so;
11.1 (ii) commits a material breach of this Agreement which cannot be remedied; or
11.1 (iii) is repeatedly in breach of this Agreement;
11.2 If any of the events detailed in paragraph above occur because of the Client or an authorised User, Artwebco may suspend the Service without prejudice to its right to terminate this Agreement. Artwebco reserves the right to suspend or terminate any authorised User’s use of the Service as an alternative remedy to immediate termination of the Agreement. This remedy is without prejudice to Artwebco’s right subsequently to suspend or terminate the Agreement. Artwebco may refuse to restore Service which has been suspended under this section until it has received assurances satisfactory to Artwebco that the breach has been remedied and will not be repeated.
11.3 Termination under this paragraph is without prejudice to any rights that may have accrued before termination.
11.4 If either party delays in acting upon a breach of this Agreement that delay will not be regarded as a waiver of that breach. If either party waives a breach of this Agreement that waiver is limited to that particular breach.
Section 12 – Changes to this Agreement
12.1 Artwebco can change the Conditions of this Agreement at any time on 14 days’ notice to the Client.
Section 13 – Assignment
13.1 Neither party may assign or transfer any of its rights or obligations under this Agreement, without the written consent of the other.
Section 14 – Entire Agreement
14.1 This Agreement contains the whole agreement between the parties and supersedes all previous written or oral agreements relating to its subject matter.
Section 15 – Notices
15.1 Notices given under this Agreement may be delivered on-line or by e-mail. Additionally, Artwebco may publish notices to the Client via the Artwebco website; notices will be deemed effective on the date of publication, or otherwise as notified to the Client by Artwebco. A notice from Artwebco which is sent by e mail to the Client’s e-mail address will be deemed effective 3 days after the date it is sent. A notice from the Client to Artwebco will be deemed effective when received by Artwebco at the e-mail address notified by Artwebco to the Client.
Section 16 – Law
16.1 This Agreement is governed by the law of England and Wales , and the Client submits to the exclusive jurisdiction of the Courts of England and Wales .
Last updated: 4 July 2014
Artwebco Hosting Terms and Conditions
You indicate acceptance of these terms and conditions of service by placing an order with Artwebco. These terms and conditions will not be varied for individual customers.
1 DEFINITIONS
1.1 In this Agreement the following words and expressions shall have the following meanings:
1.1.1 “downtime” means any service interruption in the availability to visitors of the Website;
1.1.2 “intellectual property rights” means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;
1.1.3 “Artwebco” means The Art and Web Company Limited.
1.1.4 “IP address” stands for internet protocol address which is the numeric address for the server;
1.1.5 “ISP” stands for internet service provider;
1.1.6 “server” means the computer server equipment operated by Artwebco in connection with the provision of the Services;
1.1.7 “the Services” means web hosting, domain name registration, email and any other services or facilities provided by Artwebco.
1.1.8 “spam” means sending unsolicited and/or bulk emails;
1.1.9 “virus” means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user’s files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as “worms” or “trojan horses”;
1.1.10 “visitor” means a third party who has accessed the Website;
1.2 Product specifications and details may be found at www.artwebco.co.uk.
1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
1.4 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
2 INTRODUCTION
2.1 The Customer wishes to provide Artwebco with data that will be hosted on Artwebco’s servers and made accessible via the Internet.
2.2 Artwebco provides web hosting services and has agreed to host the Customer’s data upon the following terms and conditions.
3 DUTIES
3.1 Artwebco shall provide to the Customer the Services specified in their order subject to the following terms and conditions.
3.2 The Customer shall deliver to Artwebco the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or Artwebco (“the Customer Software), in a format specified by Artwebco.
4 CHARGES ,PAYMENT AND MONEY-BACK GUARANTEE
4.1 Payment methods include cash, cheques or BACS transfer.
4.2 Artwebco do not accept credit cards, debit cards or direct debits or any other form of payment other than those outlined in 4.1
4.3 The Charges are exclusive of VAT, which if payable shall be paid by the Customer.
4.4 Artwebco shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
4.5 Artwebco does not provide credit facilities.
4.6 From time to time Artwebco may make enquiries on the Customers company, proprietor or directors of the Customers company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.
4.7 Pro-rata refunds will not be issued for yearly services that are cancelled before the end of the year.
4.8 All services will renew until cancelled by the customer. Artwebco emails the customers primary email address prior to renewal of services, it is the customers responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Customers must notify us at least 72 hours before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by you before your account is cancelled.
5 IP ADDRESSES
5.1 Artwebco shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.
5.2 Where Artwebco changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.
6 SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer requires use of software owned by or licensed to Artwebco in order to use the Services, Artwebco grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use Artwebco software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in Artwebco Software.
6.2 In relation to Artwebco’s obligations under this Agreement in connection with the provision of the Services, the Customer grants to Artwebco a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website (“the Content”). For the avoidance of doubt, this Agreement does not transfer or grant to Artwebco any right, title, interest or intellectual property rights in the Customer Software or the Content.
6.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense Artwebco Software.
6.4 Artwebco may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, Artwebco shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.
7 SERVICE LEVELS
7.1 Artwebco shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, Artwebco makes no warranties or representations that the Service will be uninterrupted or error-free and Artwebco shall not, in any event, be liable for interruptions of Service or downtime of the server.
8 ACCEPTABLE USE POLICY
8.1 The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:
8.1.1 use the Services or the website in any way to send unsolicited commercial email or “spam”, or any similar abuse of the Services;
8.1.2 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
8.1.3 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights via the Services or on the Website;
8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
8.1.5 engage in illegal or unlawful activities through the Services or via the Website;
8.1.6 make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or
8.1.7 obtain or attempt to obtain access, through whatever means, to areas of Artwebco’s network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
8.1.8 operate or attempt to operate IRC bots or other permanent server processes.
8.2 The Customer has full responsibility for the content of the Website. For the avoidance of doubt, Artwebco is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 Artwebco shall be entitled to withdraw the Services and terminate the Customer’s account without notice.
9 ALTERATIONS AND UPDATES
All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform Artwebco and the password will be changed.
10 WARRANTIES
10.1 The Customer warrants and represents to Artwebco that Artwebco’s use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to Artwebco as set out in Clause 6.2.
10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Artwebco shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.
11 INDEMNITY
The Customer agrees to indemnify and hold Artwebco and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Artwebco arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.
12 LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions shall exclude or limit Artwebco’s liability for death or personal injury resulting from Artwebco’s negligence or that of its employees, agents or sub-contractors.
12.2 The entire liability of Artwebco to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
12.3 In no event shall Artwebco be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Artwebco had been made aware of the possibility of the Customer incurring such a loss.
13 TERM AND TERMINATION
13.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.
13.2 Artwebco shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.
13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
13.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
13.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
13.3.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
13.3.4 the other party ceases to carry on its business or substantially the whole of its business; or
13.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
13.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
13.5 On termination all data held in the customers account will be deleted.
14 ASSIGNMENT
14.1 Artwebco may assign or otherwise transfer this Agreement at any time.
14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without Artwebco’s prior written consent.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
16 SEVERANCE
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
17 NOTICES
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.
18 ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
19 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
20 DOMAIN NAME REGISTRATION
20.1 Domain names are not deemed to be successfully registered until they appear in the relevant WHOIS database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it Artwebco will provide a full refund for that domain name, this will be the full limit of our liability.
20.2 Please return to the main terms and conditions area of this website to view terms and conditions for individual domain name registrars.
20.3 Artwebco will make reasonable endeavors to renew domains where the renewal fee has been paid. In the event that we are unable to renew a domain name and that domain name is subsequently lost, the limit of our liability shall be the renewal fee for that domain name.
21 SCRIPTING
Artwebco are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP, Python, Miva and ASP are installed and functioning on the web hosting system.
22 PRIVACY
To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
23 BANDWIDTH
23.1 Web hosting accounts include a certain amount of bandwidth, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more bandwidth included or until the start of the following month. Your bandwidth usage is shown in the eXtend Control Panel.
23.2 Web hosting accounts that host file distribution (including but not limited to music, video and software) are limited to a maximum bandwidth of 25 GB per month for file distribution.
23.3 Web hosting accounts are prohibited from hosting hardcore pornographic material, hosting graphics or scripts for other websites, storing pages, files or data as a repository for other websites or as a backup, giving away web space under a domain (including Resellers giving away free websites), sub domain or directory.
24 SERVER USAGE
24.1 Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.
24.2 Artwebco does not allow proxy sites of any nature to be hosted on its network.
25 WEBSPACE USAGE
Web space is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account.
26 MAIL BOXES
Mail boxes not accessed for 100 days or more will be deleted from the system.
27 DEACTIVATED ACCOUNTS
When a web hosting account is deactivated, you agree that after 50 days this account may be deleted from the system without notice.
© The Art and Web Company Ltd 2014