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Ross David Design Terms of Service

The company shall be known throughout this document as Ross David Design.

Use of Ross David Design Service constitutes acceptance and agreement to our TOS (Terms of Service). All service provisions are subject to the TOS (Terms of Service) of Ross David Design.

The TOS may be changed from time to time at the discretion of Ross David Design. The client understands that change to the TOS by Ross David Design shall not be grounds for non-payment.

Ross David Design agrees to provide the client with web hosting services for a monthly or annual fee. Ross David Design will never require clients to advertise for Ross David Design on their website in any way shape or form unless agreed upon, such as a non-profit organisation receiving complimentary hosting. Clients are allowed to use Ross David Design services for personal and/or business/commercial websites or content.

Content:

All services provided by Ross David Design may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is `adult only` content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Ross David Design from any claims resulting from the use of the service which damages the subscriber or any other party.

Adult Content:

Ross David Design does not allow adult `xxx` related websites, pornography and sex-related content on its servers. Nor do we allow adult subscription or membership based `pay sites`. This includes sexual content, or links to adult content hosted elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Ross David Design will be the sole arbiter as to what constitutes a violation of this provision.

Educational adult websites and adult e-commerce stores are allowed but due to such a fine line we recommend checking with Ross David Design support before hosting such websites. Ross David Design will be the sole arbiter as to what constitutes a violation of this provision.

Some Examples of Unacceptable Content:

• Adult / Pornographic
• Hacking programs / Hacking Archives / Hacking Information
• Warez Sites
• Spam / Spamming Software

Distribution or Transmission of Obscene or Indecent Speech or Materials:

Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights:

Material accessible to you through Ross David Design's Services may be subject to protection under United Kingdom (or any other country) 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 the Ross David Design Service 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 Ross David Design Network. If you use a domain name in connection with the Ross David Design Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

SPAM and Unsolicited Email:

Ross David Design takes a zero tolerance approach to the sending of Unsolicited Email (SPAM). Very simply this means that Clients of Ross David Design may not use or permit others to use our service for sending SPAM Emails. Clients of Ross David Design may not host, or permit hosting of, sites or information that is advertised by SPAM from other services. Violations of this policy carry severe penalties, including termination of service.

If a customer is found to be in violation of our SPAM policy, Ross David Design may, at its sole discretion, restrict, suspend or terminate a customer's account. In addition, Ross David Design may impose a £100 penalty for each spam policy violation. Ross David Design solely reserves the right to refuse or cancel service to known spammers. Lastly, Ross David Design reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

`Catch All` Email Accounts:

Ross David Design does not allow the use of `catch all` email accounts. This is the practise of anything@yourdomain.com directing all mail to a single mailbox. This practice is out-of-date and causes extreme surges of spam, both for you and for our spam filtering servers. To use an email address you must login to your control panel and create the required mailbox, catch-all mailboxes are banned and if found will be removed without notice or your account disabled.

MailFoundry Spam Filtering Limits:

Some domain names may have too many mailboxes or receive such a high volume of spam email that it will not be possible for us to provide MailFoundry service to them, due to the extreme usage. While MailFoundry is a dedicated system for handling huge volumes of spam it does have limits. Should the amount of spam or number of mailboxes in use on a domain break what Ross David Design believes to be realistic limit thresholds then we will inform you that MailFoundry services will not be continued for your domain. SpamAssassin will be supplied in replacement to MailFoundry. It may be possible to buy MailFoundry services for 'extreme usage' domains for an additional negotiable charge depending on usage history and expected MailFoundry processing requirements.

Scripting, Applications and Background-running Programs:

We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. We provide a hosting service not a shell service. You are not allowed to compile and run software on our hosting servers.

You are free to use any scripts (such as php, cgi or perl) you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below.

Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, galleries, and banner exchanges. In the event a script affects normal server and/or administrative operations, Ross David Design reserves the right to disable the account pending client cooperation and resolution.

Scripts we do not allow include:

• Chat servers/scripts of any kind are strictly prohibited.
• Formmail scripts using the filename `formmail` are prohibited.

Formmail and contact forms are acceptable providing the script is not named `formmail` for its filename and providing that you maintain the latest version of the script and it remains secure and un-abused by spammers.

We do allow you to have ONE remote MySQL user if requested. The user must have a fixed, non changing, IP address for us to grant access to. You can request a remote MySQL user via our Contact Us page.

Network Security:

Customers may not use the Ross David Design Network to 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. Ross David Design 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.

Support Boundaries:

Ross David Design provides technical support to its Clients.

Ross David Design limits technical support to its area of expertise, this is providing web hosting services and related features. Ross David Design does not offer support for application specific issues such as php programming, cgi programming, html, website design and development or any other such issue unless such service is offered within a Web Design service contract. Such support will be limited to agreed Web Design service contract. Ross David Design does not provide technical support for YOUR Clients.

Any additional work you may require from Ross David Design staff which does not fall within usual support boundaries is charged at a rate of £50 GBP per hour, in 30 minute increments. All charges will be discussed before work commences on a per incident basis. Examples of work beyond the boundaries of normal support include: site scripting problems, script installation, website design and development.

Cancellations:

Requests for cancellation must be submitted via an online support ticket at our helpdesk located at www.rossdaviddesign.co.uk. Your cancellation will be confirmed by Ross David Design.

Unless otherwise stated in your agreed contract cancellation must be received 48 hours or more before your next payment is due. Ross David Design will then stop all recurring payments due and you will NOT be billed again.

Changing a domains DNS to another provider or transferring a domain away from Ross David Design does not constitute a cancellation request. A cancellation request must be submitted by our Contact Us form and we will then confirm the cancellation date back to you.

Payment:

Establishment of this service is dependant upon receipt by Ross David Design of payment of all stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup (monthly or yearly terms).

Service may be interrupted on accounts that fall overdue (such as a credit card being declined or expired). Ross David Design may, at its sole discretion, charge a fee of £25.00GBP to reinstate a suspended account.

When payment is declined from your chosen payment method we will send an email notification and retry payment the following day, this will occur 3 times over a 3-5 day period. After this period if we have not received payment or had notice from you that the due payment is in hand, your account will be suspended or terminated at the sole discretion of Ross David Design.

It is very important you keep your email address on file with us current by notifying us of email address changes via www.rossdaviddesign.co.uk. Failure to keep us updated with your current email address may mean important communications don’t reach you, resulting in suspension or termination of your hosting account.

A service charge, equal to the charge incurred by Ross David Design, will be charged to your account for each cheque or other form of payment that is returned to Ross David Design unpaid.

Refunds and Disputes:

All payments to Ross David Design are non-refundable. This includes any setup fee and subsequent charges regardless of usage. If you dispute a charge to your credit card issuer that, in Ross David Design's sole discretion is a valid charge under the provisions of this TOS, you agree to pay Ross David Design an Administrative Fee of not less than £25 and not more than £100.

If you are paying annually for hosting services and cancel early before your 12 months of service is over, we will issue a pro-rata refund for full unused months at time of cancellation.

Ross David Design does not offer any kind of `money back guarantee` or `trial period`.

All domain registration fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your term.

VAT and Payment Currency:

UK and EU clients will be billed in GBP (Pounds Sterling) .

Invoicing:

Ross David Design does not provide paper or hard-copy invoices. Word document invoices are sent via email.

Domain Name Expiry and Redemption Fee's:

Ross David Design is not liable for expiry or loss of your domain name.

Before a domain expires you will be reminded to renew your domain by email to the address we hold on file for you. On the date a domain expires it will be deactivated by the registry, and no longer display your website. Once a domain is deactivated and expired you will have 30 days to Contact Us to renew the domain name at our regular renewal rates.

Redemption Period - After 30 days have passed since the expiry date of your domain, the domain is placed in its `redemption period` and to renew the domain at this stage will cost £100 GBP. This is a cost charged by the registry and passed on to you by us. Redemption periods last between 30 and 60 days, and then the domain is released to the public so anyone can re-register your domain and you will lose it.

Free Domain offers:

Occasionally we run a promotion and supply a free domain name when hosting is purchased. The terms & conditions for our free domain name offer are plain and simple. We will register the domain name for 1 year (2 years for .uk domains) on your behalf. All we ask is that you stay hosting with us for a minimum of 3 months. If you decide to leave before 3 months and you want to take the domain with you we will only release it once you have paid our normal domain registration fee. If you stay for 3 months or longer and then decide to leave you are free to take the domain at no charge.

Managed Dedicated Servers:

Dedicated server customers should also read and agree to the following before signing up for service with Ross David Design:

Ross David Design dedicated solutions include server management in the monthly fee. Ross David Design defines server management as general maintenance, updates and security hardening, plus standard administrative duties of up to 3 hours per month. Additional management work over this 3 hour inclusive period incurs a service fee based on a £50GBP/hour labour rate, billed in half-hour increments with a half-hour minimum charge.

Ross David Design will make all reasonable efforts to satisfy the customer's requests for technical and/or administrative changes to the customer's dedicated servers. Certain tasks, such as repairing software/system faults caused by the customer, or installing certain additional software packages, may, at the sole discretion of Ross David Design, incur a service fee based on a £50GBP/hour labour rate, billed in half-hour increments with a half-hour minimum charge.

Customers are responsible for and subject to all software vendor licensing terms, conditions, restrictions, and limitations. It is the customer's responsibility to ensure conformance to and abide by the specific terms and conditions of each application's licensing agreements.

Ross David Design does not guarantee the daily backups of your dedicated server. Ross David Design can accept no responsibility for any loss of data or consequences arising from this. Ross David Design always advises clients to back up their site data regularly for its own protection.

Cancellation of any dedicated server must be made at least 7 days before your monthly billing date. Failure to provide enough notice may result in a further month's fee being due.

Once a dedicated server has been cancelled we will provide you with written confirmation of the cancellation. Without written confirmation from Ross David Design your service will not have been correctly cancelled and continue to fall due for payment on your monthly billing date as arranged upon commencement of your service.

Dedicated servers are exempt from the following sections of our normal TOS:

Adult Content - You are allowed to host tasteful adult content on dedicated servers.

Background-running Programs - You can run background processes on dedicated servers.

Banned Scripts - We do not enforce the banning of any scripts on dedicated servers.

Abuse:

Any attempts to undermine, slander, libel, threaten, or cause harm to a Ross David Design server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Refusal of Service:

Ross David Design reserves the right at its sole discretion to refuse or cancel service. Violation of any of Ross David Design's TOS could result in a warning, suspension, or account termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy or agreement violations will not be released to the customer.

Privacy Policy:

Ross David Design will in the normal course of its business collect personal information from clients and prospective clients, for the purposes of billing, customer service, provision of information, as well as other legitimate business reasons. It is the policy of Ross David Design to not disclose any personal information to third parties without prior consent of the individual. This information may be stored in a number of ways including electronic and paper formats.

Any person may request a copy of personal information pertaining to themselves, which shall be provided free of charge after reasonable proof of identity. Any personal information held on our systems will be deleted on request and after reasonable proof of identity

We may also store information about you using cookies which we can later access when you visit our websites at a later date. If you want to delete any cookies that are already on your computer, please refer to your system administrator who will be able to help you locate and remove these cookies. If you want to stop cookies being stored on your computer in future, please refer to your browser manufacturer's instructions by clicking `Help` in your browser menu. Please note that taking either of these measures may prevent you accessing features offered from our sites.

As with most websites, when you visit one of our sites, we will log your IP address and time of access which may be used later for research or fault investigation processes.

Indemnification:

Customer agrees that it shall defend, indemnify, save and hold Ross David Design (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Ross David Design, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Ross David Design against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Ross David Design server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Ross David Design to the amount paid for service.

Disclaimer:

Ross David Design will not be responsible for any damages your business may suffer. Ross David Design makes no warranties of any kind, expressed or implied for services we provide. Ross David Design disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Ross David Design and its employees. Ross David Design makes no `uptime` guarantees. The Client agrees that Ross David Design shall not be liable for any damages as a result of loss of hosting services or hosted data. The Client further acknowledges that Ross David Design's liability for its own negligence is zero, and Ross David Design may not be held responsible. Liability or Damages in any event may not exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall Ross David Design be liable for any special or consequential damages, loss of revenue or injury.

Ross David Design can accept no responsibility for any loss of data or consequences arising from this. Ross David Design always advises clients to back up their site data regularly for their own protection. Ross David Design does not guarantee its own backups of customer data and is not liable for any loss of data, loss of backups or inability to restore service after implementing its disaster recovery plan.

Ross David Design furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws and this Ross David Design TOS. A reseller's client's failure to comply with those laws and our TOS will violate this policy.

If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with Ross David Design then Ross David Design will not be responsible for maintaining hosting for the resellers customers. Ross David Design has no agreement or responsibility to any resold services. Resold services to others are your own responsibility.

All communications (emails, verbal or written) are between Ross David Design and the client. These communications are private and are therefore not to be shared with any other parties.

This agreement is made between the customer (as specified in the customer details section when placing your order) and Ross David Design. If you are purchasing hosting on behalf of another party please ensure you specify the account owners details in the customer details section. Ross David Design will only be able to communicate with regards to the account with the registered customer and not a third-party.

Finally, Ross David Design wishes to emphasize that in accepting services, customers indemnify Ross David Design for the violation of any law or Ross David Design policy that results in loss to Ross David Design or the bringing of any claim against Ross David Design. This means that if Ross David Design is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Ross David Design, plus costs and reasonable legal fees.

Failure to comply with any of our terms of service will result in grounds for immediate account deactivation or removal.

 

Some of Our Clients

North Wales Caravan Transport
Discount UPVC
Concrete Garages North Wales
North Wales Towyn Van Sales
North Wales Denton Commercials Van Sales
North Wales Building Services
Chester Shutter and Blinds
Lloc Service Station Car and Van Sales
Abergele Town Council
ME Cars North Wales Sales
Wood Floor Supermarket