WEB HOSTING TERMS AND CONDITIONS
TERMS OF
SERVICE
Heavenlyhosts is a website of Day3 Limited. Heavenlyhosts may also
be referred to as Heavenly Hosts. All Services sold through Heavenlyhosts
including services sold via email or through the www.heavenlyhosts.co.uk website are provided by Day3 Limited. Day3 Limited
provides World Wide Web page hosting. Day3 Limited reserves the
right to suspend or cancel a customer's access to any or all services
provided by Day3 Limited when Day3 Limited decides that the account has been
inappropriately used or otherwise.
SPAMMING
Please note: Day3 Limited does not allow bulk emailing or unsolicited
email of any kind via or in association with domains or websites held on
our servers, this includes any volume however large or small. This
activity uses resources and annoys customers. Because of this, we (and
most ISP’s) are strictly against this in any form.
SERVER
USE
Hosting accounts are to be used by the primary owner only. Hosting
account holders are not permitted resell, store or give away web-hosting
services of their website to other parties. Reselling, storing or giving away 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.
Day3 Limited reserves the right to refuse service and /or access to its servers to anyone.
Day3 Limited 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 Day3 Limited.
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.
USAGE
POLICY
Day3 Limited will allocate each domain a specific amount of monthly
bandwidth to use, this is not transferable nor can lesser usage be
rolled over or offset against any other month. Excess usage will be
charged at our base price of £5.85 + VAT per Gb or part thereof unless
otherwise agreed
with the Day3 Limited in writing.
HIGH
RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization. Day3 Limited may implement the following policy to its sole
discretion:
When a website is found to be monopolising the resources available Day3 Limited 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 Day3 Limited continues hosting the website for an additional fee.
PAYMENT
POLICIES
All accounts are set up on a prepay basis. Although Day3 Limited 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.
In situations where the card number on file is declined Day3 Limited will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, Day3 Limited 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.
Bills or invoices will be sent by either email or regular mail. All invoices will be sent directly to customers via either regular mail or email shortly after the online purchase has been made. At this point the customer's card will be charged automatically.
All payment is in UK sterling .
PAYMENT
OPTIONS
In order to streamline our accounting procedures and keep costs down Day3 Limited
runs a limited number of payment options. Our preferred payment option
is by Debit/Credit card. All Credit/Debit card payments will be taken
through PAYPAL which requires all new customers to register before
making payment. We believe that this system is advantageous to our
customers.
Credit /
Debit Cards:
Day3 Limited accepts Mastercard, Visa, Switch, Solo, Delta, Electron and
American Express. All Credit/Debit card payments will be taken through
PAYPAL which requires all new customers to register before making
payment.
Cheque/Postal Order:
Day3 Limited will accept payment by
Cheque/Postal Order made payable to DAY3 LIMITED. In the case of
Cheque/Postal Order Payment, services will not be processed or provided
until payment has cleared in our bank account.
CANCELLATION
AND REFUNDS
Day3 Limited 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 membership. If a customer contravenes Day3 Limited'
terms of service a refund will not be issued in the event of a
cancellation.
No Pro-rata refund can be given on the purchase of domain names at any time, for any reason.
Customers may cancel their account at any time. 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.
Fees charged on a prepay basis are non-refundable. Customers are not entitled to receive a refund unless the service is cancelled by Day3 Limited. In addition some accounts incur set-up fees, these charges are also non-refundable.
INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold Day3 Limited
harmless from any and all demands, liabilities, losses, costs
and claims, including reasonable attorney's fees asserted against Day3 Limited, 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 Day3 Limited
against liabilities arising out of; (1) any injury to person
or property caused by any products sold or otherwise distributed in
connection with Day3 Limited' 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 Day3 Limited' server.
DISCLAIMER
Heavenlyhosts.co.uk is a website of Day3 Limited. Day3 Limited will not be responsible for any damages your business
may suffer. Day3 Limited makes no warranties of any kind, expressed
or implied for services we provide. Day3 Limited 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 Day3 Limited and its employees.
Day3 Limited reserves the right to revise its
policies at any time.