Terms and Conditions
1.Terms
The purpose of this Agreement (hereafter referred to as the "Agreement") is to set forth and define an arrangement under which Rightmark Hosting Services will provide Hosted Web Services ("Hosted Services") on behalf of Customer.
As a service, the standard Services Agreement with you is provided below.
1.1. Headings
The headings in this agreement are for convenience and shall not affect the interpretation of this agreement.
2. Definitions
'Company Materials' shall mean any software, code, or other materials transmitted to Customer in order to provide any of the services under this Agreement.
'Company' means Rightmark Hosting Services, a company owned by Rightmark Web Design and shall be referred hereinafter as 'Company', 'rightmark.net', 'our', 'we' and 'us'.
'Confidential Information' - include but are not limited to the following: trade secrets, operations, processes, plans, intentions, product information, prices, know-how, designs, customer lists, market opportunities, transactions, affairs and/or business of you or us;
'Customer' shall be referred hereinafter as 'you', 'Client', 'user', 'account owner'.
'Intellectual Property Rights' - include but are not limited to the following: Copyright, database right, patents, design rights, trade marks, and all other property rights existing in any jurisdiction in the world and all the rights to apply for any of these;
'Interest Rate' - 5% above Bank of England base rate per annum;
'Length of Service' - you agree to an initial one (1) month or twelve (12) month contractual period of service. The length of contract required is based on the type of service desired by Client and shall be determined solely by Company.
'Month' - A period of one calendar-month from the Service Start Date or any monthly anniversary of the Service Start Date;
'Period' - the contractual length of time that customer purchases Company services.
'Renewal by Client' - This Agreement will automatically renew for successive one (1) or twelve (12) month Terms unless cancelled in writing by Client at least 15 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Client's account.
'Service Start Date' - The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Company receipt of payment for such first Term of service or upon a mutually agreed upon alternate date.
'Services' shall mean the services to be provided by Company to Customer under this Agreement and may comprise the following:
'Hosted Services' shall mean both the license(s) and the services provided by Company to Customer for the purpose of the hosting of the client website.
'Support Services' shall mean any help, support, setup, installation, or other assistance.
'Consulting Services' shall mean any additional services.
'Specific Terms' - Any Specific Terms that are applicable for particular Services;
'System' - The computer system in your possession, on which the Software is to be installed;
'Terms' - These Standard Terms & Conditions;
'Year' - A twelve calendar-month period from the Start Date and anniversaries of the Start Date;
3. Pricing
3.1. End User pricing and Web Hosting Compensation is subject to change at the sole discretion of Company.
3.2. Although Company reserves the right to change pricing of account or services at any time, all pricing is guaranteed during the prepayment period.
4. Payment
4.1. All accounts are setup on a prepay basis.
4.2. All payments should be made in UK pounds sterling.
4.3. Payment is due each period following the Service Start Date of the service.
4.4. Debts will incur an interest rate as specified in Clause 2 until the outstanding debt is cleared.
4.5. The client is responsible for all money owed on the account from the Service Start Date until all outstanding debts have been paid and/or the account has been terminated.
5. Client Obligations
5.1. Client represents and warrants that they are authorised to enter into this Agreement in entirety.
5.2. You acknowledge and agree that, to the extent necessary, it is your responsibility to provide all equipment and support required to enable you to establish a connection to the internet and pay any costs that may entail.
5.3. Whilst this Agreement is in force, you shall
5.3.1. Comply with our reasonable instructions, guidelines and directions about the use of the Services, and;
5.3.2. Not sell, deal, transfer, or otherwise make available the Software or the Services to any third party for any purposes unless we have previously agreed with you by email or in writing.
5.4. The following content is not allowed to be stored, linked to, transmitted or distributed from our service:
5.4.1. Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to our discretion.
5.4.2. Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any lawful regulation.
5.4.3. 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.
5.4.4. SPAM - Spamming, the sending of unsolicited mass email from or through our server or using an email address that is maintained on one of our machines is prohibited. We will be the sole arbiter as to what constitutes a violation of this provision. Any accounts found to be used for any kind of mass mailing service, whether opt-in or not, will face immediate suspension from all our services. Please report any instances of spamming to detailing as much information as possible, clearly identifying the source of the unsolicited email.
5.4.5. Clients operating mailing lists are required to allow the recipients of the mailing list be removed from the mailing list. Complaints of unsolicited emails or unactioned removal requests may lead to account termination.
5.4.6. Malicious code - Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offence will result in the immediate termination of the offending account. Examples include but are not limited to the following: Viruses, Trojans and Worms.
5.5. You agree that you shall ensure that you comply with your obligations under the Data Protection Act 1998 and under UK law.
5.6. Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorised access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
5.7. Client will not install any banned script. These are indicated on the website and are updated on a regular basis.
5.8. Client is solely responsible for all files contained in their own directory, and can be held legally liable for the contents of their Web site.
5.9. Client may not assign or transfer this Agreement, in whole or in part without the prior written consent of Company.
5.10. Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
5.11. Client is responsible for regularly checking their provided email address (see Clause 12.2) for any notification or announcements.
6. Proprietary Information.
6.1. Proprietary information exchanged hereunder shall be treated as such by Customer. This information shall include, but is not limited to, the provisions of this Agreement, product and services information, materials, software, code, pricing, or any other materials transmitted to Customer under this Agreement.
6.2. Client agrees not to (a) decompose, disassemble, decode, or otherwise reverse engineer any Company program, code, or technology installed or delivered to Customer or any portion thereof; (b) transmit or allow to be transmitted any such materials to any third party except as necessary for the fulfilment of this Agreement; (c) sublicense or allow use of any materials or use of any provided services to any third party without written permission from Company; (d) use any Materials or Services in any way not intended or expressly provided for by this Agreement.
7. Warranties.
7.1. We will not be held responsible for the content of pages hosted under our service. We do not review page content before it is posted and do not verify, endorse, or otherwise take responsibility for the content of any client-created pages.
7.2. Company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of Company is at Client's own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Company does not represent guarantees of speed or availability of end-to-end connections. Company expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
8. Termination.
8.1. The Company reserves the right to terminate an account at any time. The client will receive a pro-rata refund based upon the remaining period of service.
8.2. We may terminate this Agreement at our sole discretion upon the occurrence of one or more of the following events:
8.2.1. Failure of payment of any due sums to Us, for any reason. Payment failure will also incur an administration fee of £15,
8.2.2. Failure to comply with any provisions of the Agreement upon receipt of notice from Company of said failure,
8.2.3. Excess use of bandwidth or server resources beyond acceptable use as determine by Company. Such use will result in charges to the Client.
8.2.4. Appointment of Receiver or upon the filing of any application by Client seeking relief from creditors,
8.2.5. Upon mutual agreement in writing of Company and Client.
8.3. Clients will not receive a refund if account termination occurred due to Clause 7.2.
8.4. Upon termination of this agreement the Client shall promptly return to Company all copies of software in their possession and any confidential material relating to this agreement.
9. Disputes.
9.1. Both Company and Client agree that we shall deal with any disputes about this Agreement as follows:
9.1.1. The issue in dispute shall be referred for discussion to, in your case, the name of the main account holder, and in our case, the customer services manager that we notify to you. You should email us at .
9.1.2. If the dispute is not resolved, the managing directors (or equivalent) of each of us shall discuss the issue;
9.1.3. If the issue is not resolved then we shall refer it to a mediator that we jointly appoint. If we cannot agree on the mediator, we shall ask the President of the Law Society of England and Wales to appoint a mediator;
9.1.4. If the dispute is still not resolved, then we both agree that the English courts have exclusive jurisdiction to settle the dispute.
9.1.5. If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
10. Indemnification.
10.1. Client shall indemnify and hold Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Company directly or indirectly arising from or in connection with Client's marketing or support services of the product or services or the unauthorised representation of the product and services or any breach of this Agreement by Client.
10.2. Client use of the service is at the Client's own risk. Company is not responsible for files or data residing on Client account. Client takes full responsibility for all files and data transferred and to maintain a backup of files and data stores in their account.
11. Privacy Policy
We take customer privacy very seriously and guarantee never to sell, disclose or pass on your information to any parties whatsoever.
11.1. Every visitor to this website is tracked for statistic purposes and data such as IP address, browser version, screen resolution and ISP hostname is collected. This information is used for analysis of webstats and is never made available to anyone outside of the company in any way, shape or form.
11.2. Cookies are also used to track session information in the ordering process and to personalise the user's experience.
11.3. We never publish customer testimonials without seeking permission first. This will be done in the form of a personal email to ask whether we can use your comments on our website and/or promo material. Testimonials submitted to hosting directories or other third party review websites will be assumed as safe to use without seeking permission first.
11.4. During the order process we require customers to supply contact details such as their name, address, email and phone number. These are for internal records only and will never be passed outside of the company. It is important that we have these details so customers can be contacted and payments verified.
11.5. All payments are processed using our payment processor, paypal.com. We never have access to your credit card of sensitive data and do not store these details. All customers are advised to check the website of the payment processor and read their privacy policy and terms.
11.6. It is of great importance that we have accurate contact details for customers at all time. Customers can update these details by logging into their billing control panel.
11.7. All customer information is kept in a secure database online with the necessary server protection measures in place. Records are also stored offline in physically secure conditions. We do not store credit card details in any way, shape or form.
12. General.
12.1. If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with English law. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.
12.2. Your primary (first) email address provided to Company is your account email address and any notifications or correspondence will be sent to this address.
12.3. We reserve the right to make changes to this Agreement. All Clients will be given notice of any changes and additions.
12.4. Proceeding with your order verifies your acceptance of this Agreement. Your order has not been accepted by Rightmark.net until you receive your account details.
12.5. All contract and agreements entered into are governed by English law.