Web Hosting Terms & Conditions - Small Business Sites

TERMS OF SERVICE
Shire Computer Services Ltd (Shire) provides World Wide Web page hosting. Shire reserves the right to suspend or cancel a customer's access to any or all services provided by Shire when Shire decides that the account has been inappropriately used or otherwise.

SERVICE PROVISIONS - The following are included in the monthly fee. ·

Domain Name
Shire will purchase and register an agreed domain name (.co.uk) for use as the web site address. After a period not less than twelve months continuous supply of services Shire will transfer ownership of the domain name to the customer. Shire will also pay all maintenance fees required by the domain name registering authority while the agreement is in effect. Should the agreement be terminated prior to the twelve month period being completed Shire will retain ownership of the domain name.

Home Page Design
Shire will prepare and load a web 'Home' page and sub pages, as detailed in the package description, to an agreed design (Shire will design additional web pages as required, subject to an additional agreed design fee). The 'Home' page will be registered with the relevant Internet search engines as agreed with the customer. Shire may include a link to their Home page.

Email
Shire will configure email accounts on the web site as agreed with the customer. Shire will maintain the accounts throughout the period of the agreement. Should the customer require account changes these must be authorised in writing or by email as mutually agreed. Shire will also provide details of how the customer should configure the local email application (Microsoft Outlook or similar).

Dial-Up Account
Shire will configure a dial-up Internet access account to allow the customer to browse the Internet and send/retrieve email. Access will be via a local rate number and the customer will be responsible for all telephone charges.

ACCOUNT USAGE
Accounts are to be used by the customer only. Customers are not permitted to resell, store or give away the web-hosting services of their website to other parties. Web-hosting services are defined as allowing a separate, third party to host content on the customers web site. Exceptions to this include ad banners, classified ads, and personal ads.

Shire reserves the right to refuse service and /or access to its servers to anyone.

Shire does 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 Shire.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above.
This shall include any site which provides "links to" or "how to" information relating to the above material.

UNLIMITED USE POLICY High bandwidth usage:
Shire offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, Shire may find a customer to be using server resources to such an extent that he or she may jeopardise server performance and resources for other customers. In such instances, Shire reserves the right to impose the High Resource User Policy for the consideration of all customers.

HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilisation. Shire may implement the following policy to its sole discretion: When a website is found to be monopolising the resources available Shire reserves the right to charge additional fees to secure additional bandwidth or suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.

PAYMENT POLICIES
All accounts are set up for payment by standing order, monthly in advance. Although Shire reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of the agreement (usually twelve months). Customers will automatically be notified of any price changes at the agreement renewal time and will be requested to alter their standing order mandate accordingly unless closure notification has already been given. In the event that a standing order mandate is not honoured Shire will immediately suspend all contracted facilities until the outstanding debt is cleared. The customer is responsible for all monies 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 customer by post or email as mutually agreed. All payment is in UK sterling.

CANCELLATION AND REFUNDS
Shire reserves the right to cancel the service at any time by giving one months notice. In this event customers will be entitled to a pro rata refund based upon the remaining period they have pre-paid. If a customer contravenes Shires' terms of service a refund will not be issued in the event of a cancellation. 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 that were offered as start-up incentives in the result of a cancellation. Some accounts incur set-up fees, these charges are non-refundable.

INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold Shire harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Shire, 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 Shire against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Shires' 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 Shires' server.

DISCLAIMER
Shire will not be responsible for any damages your business may suffer. Shire makes no warranties of any kind, expressed or implied for services we provide. Shire 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 Shire, its employees or its suppliers. Shire reserves the right to revise its policies at any time.