Mid Wales Design has the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality.
Mid Wales Design is referred to in this document as 'midwalesdesign.co.uk', 'Mid Wales Design', 'us', 'we' and 'our'. The customer is referred to as 'you', 'your', 'the customer' and 'the client'. By opening an account with Mid Wales Design, you are agreeing to your account being governed by the Terms Of Service set out in this document.
CAREFULLY READ the terms of this agreement which governs your use of the Mid Wales Design Service. Mid Wales Design may modify this agreement at any time and in any manner. Any modification is effective immediately upon either a facsimile, electronic mail, or conventional mail notice. Your continued use of the Mid Wales Design Service following notice of any modification to this agreement shall be conclusively deemed as acceptance of all such modification(s). All changes to this contract will be conducted through the e-mail address you have provided to us. It is your duty to keep this address up to date, and to notify us of any changes.
We do not tolerate customers using the services we provide for illegal, immoral or offensive activities. Offensive material is deemed as a serious breech of our Terms Of Service, and accounts found with such material will be issued with a warning, or terminated.
All services provided by Mid Wales Design may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secrete and other statue. The subscriber agrees to indemnify and hold harmless Mid Wales Design from any claims resulting from the use of the service which damages the subscriber or any other party.
Note: Pornography and sex-related merchandising are prohibited on any Mid Wales Design server. This includes sites that may infer sexual content, or Link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Mid Wales Design servers or any other server on the Internet. Links to such materials are also prohibited.
Audio and Visual Media which you wish to upload can only be done so if you have the permission of the copyright holder. You will need to contact us with a copy of this permission before uploading media content to our servers.
Sub domains, or folders containing additional websites must not be added to your Managed Hosting account without prior permission from Mid Wales Design.
If any of these terms are breeched, you will be notified whilst the offending content is removed, repeat offences will result in termination of your account; however if the first breech is serious enough, your account will be terminated immediately without a refund. Please note, changing the extension of a file to hide its true intention, or enclosing it in an archive will not work and the file will be classed as illegal and removed.
Customers may not sublease, sub host, or give away control of any portion of their Mid Wales Design space and/or resources (including, but not limited to, e-mail accounts, space, ftp accounts, etc.).
Customers must keep confidential all passwords received from Mid Wales Design for the purpose of the Services and notify Mid Wales Design immediately upon becoming aware that a password has become known to an unauthorised third party.
Clients on Managed Hosting options are not permitted to give account password details (including, but not limited to, e-mail accounts, space, ftp accounts, etc.) to third party agencies for the purpose of re-design, modification of website files, or the transferral of hosting. In these instances we will provide clients with website files and update the server with any modified files without charge.
Spamming, or the sending of unsolicited e-mail, from a Mid Wales Design server or using an e-mail address that is maintained on a Mid Wales Design server is STRICTLY prohibited. Using SPAM to advertise a site hosted on Mid Wales Design's network also constitutes as a violation of this provision. Mid Wales Design will be the sole arbiter as to what constitutes a violation of this provision. You may not use our e-mail system for the transfer of viruses and/or malware.
If Mid Wales Design's system administration determines that a customer's account is utilising an unacceptable amount of system resources, Mid Wales Design may temporarily deactivate the account in question. If Mid Wales Design's staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with ten (10) days in which to either upgrade the acocunt to a higher grade account or locate to a new service provider. This only occurs in extreme cases.
We request that our users do not use resources on the server, including the CGI, MySQL, PHP, PostGreSQL or POP3 services excessively or for intensive tasks. Intensive tasks require more than 10mb of Server Memory and/or more than 40 seconds cpu-time to execute. Any gross over-usage of add-on domains, parked-domains, forwarders or e-mail accounts will result in the termination of your account.
We ask our users to please refrain from using these services to gain illegal access to our (or others) servers, or to launch applications which damage our (or others) services.
Mid Wales Design makes no promise that the domain which you wish to acquire through our order system is available, or that it will be registered with your details. You should not assume ownership of your domain until you have been notified by us, and any action taken before notification is at your own risk.
We advise all our customers to make their own back-ups of email and website content. For corruption of data on your account which has not arisen from failure on our behalf, we shall provide the most recent backup of data to you for a fee of £50.
Mid Wales Design does not monitor or moderate the content of pages or files published to our services, or entered into our databases. We do not endorse or encourage any material uploaded to our servers which may be a violation of our Terms Of Service Agreement. In no circumstances will we take responsibility for any user-uploaded material. Users are held legally liable for all files in their directory. We do however, reserver the right to remove any material which breaches our Terms Of Service Agreement.
Mid Wales Design disclaims all liabilities in connection with the following:
loss of material uploaded
incompatibility of the site with any of the Customer's equipment, software or telecommunications links
technical problems including errors or interruptions of the site
unsuitability, unreliability or inaccuracy of the site.
Mid Wales Design will not be held liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use our services. This diclaimer applies to all aspects of our service, and any damages which may arise as a result.
Client shall be solely responsible for the operation and maintenance of their website, online store and ecommerce activities, for all products and services offered by the client or appearing online and for all contents and materials appearing online or on Customer's products, including, without limitation ( i ) the accuracy and appropriateness of the clients content and and material appearing in its store or on its products, (ii) ensuring that client content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and (iii) ensuring that client content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. Client shall be solely responsible for accepting, processing and filling customer orders and for handling customer inquiries or complaints. Client shall be solely responsible for the payment or satisfaction of any and all taxes associated with its website and online store.
Client shall be responsible for the security and confidentiality of any customer information (including, without limitation, customer credit card numbers) that client may receive as a result of its website or online store.
Client is responsible for keeping a copy of their most current web site files as backup on a remote system (not on Mid Wales Design servers). Mid Wales Design is not responsible for any lost files, information, or data. Mid Wales Design does not provide any file retrieval services.
Client represents and warrants to Mid Wales Design that client owns or has the right to use the client Content and material contained therein, including all text, graphics, sound, music, video, programming, scripts and applets, and the use, reproduction, distribution and transmission of the client Content and any information and materials contained therein does not, and will not, ( i ) infringe or misappropriate any copyright, patent, trademark, trade secret or any other proprietary right of a third party, (ii) violate any criminal laws or (iii) constitute false advertising, unfair competition, defamation, an invasion of privacy, violate a right of publicity or violate any other law or regulation. Client grants Mid Wales Design the right to reproduce, copy, use and distribute all and any portion of the Customer Content to the extent needed to provide and operate the Services.
Client agrees to use all Services and any information obtained through or from Mid Wales Design, at Client's own risk. Client acknowledges and agrees that Mid Wales Design exercises no control over, and accepts no responsibility for, the content of the information passing through Mid Wales Design host computers, network hubs and points of presence or the Internet.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF Mid Wales Design, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A "Mid Wales Design PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT Mid Wales Design PROVIDES. NO Mid Wales Design PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. Mid Wales Design IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY Mid Wales Design. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY Mid Wales Design PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
The terms of this section shall survive any termination of this Agreement.
Client agrees to indemnify, defend and hold harmless Mid Wales Design and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to ( i ) Client's use of the Services, (ii) any violation by Client of the Usage Policy, (iii) any breach of any representation, warranty or covenant of Client contained in this Agreement or (iv) any acts or omissions of Client. The terms of this section shall survive any termination of this Agreement.
Client agrees that no Mid Wales Design Person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Mid Wales Design at the time) which may exist in the Services or Mid Wales Design equipment used to provide the Services.
Under no circumstances, including negligence, shall any Mid Wales Design Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Client, any of its customers, any Reseller Client or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if Mid Wales Design has been advised of the possibility of such damages. No Mid Wales Design Person shall be liable to Client, any of its customers, any Reseller Client or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Mid Wales Design records, programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement, Mid Wales Design maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual amount paid by Client for the Services which gave rise to such damages, losses and causes of actions prior to the date the damage or loss occurred or the cause of action arose.
Client understands, acknowledges and agrees that if Mid Wales Design takes any corrective action under this Agreement because of an action of Client, that corrective action may adversely affect other customers of Client, and Client agrees that Mid Wales Design shall have no liability to Client, any of its customers due to such corrective action by Mid Wales Design.
This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
Neither party hereto shall be liable for failure to perform any obligation under; this Agreement if such failure is caused by the occurrence of any contingency beyond the reasonable control of such party, including without limitation, fire, flood, strike, and other industrial disturbance, failure of transport, accident, war, riot, insurrection, act of God or order of governmental agency. Performance shall be resumed as soon as possible after cessation of such cause. However, if such inability to perform continues for fifteen (15) days, the other party may terminate this Agreement without penalty and without further notice.
We reserve the right to add, delete, or modify these terms and conditions, our hosting packages, prices and web site at any time with notice provided via our website at http://www.midwalesdesign.co.uk/terms.htm. All clients are encouraged to review this document on a regular basis to ensure they are aware of any changes.
Mid Wales Design demonstrates its commitment to our customers' privacy by providing this statement( in accordance with the Data Protection Act 1998). We will do everything in our power to ensure your right to privacy. We are committed to developing long lasting relationships that are built on trust. Mid Wales Design will never violate that trust.
Mid Wales Design will never provide or sell your personal information to any third party.
The client agrees to supply appropriate payment for the services received from us in advance of the time period during which such services are provided.
Clients are required to keep Mid Wales Design notified of any changes to their email contact details.
All invoice notifications will be sent via email in .pdf format. Clients are required to pay their invoice in advance at the beginning of each payment term, within 21 working days of the invoice issue date or before the current hosting period has lapsed. Any added time for payment will be at our sole discretion.
We reserve the right to suspend any account after 21 working days have passed without due payment being received, or if the paid hosting period has lapsed. Any added time for payment will be at our sole discretion.
In the absence of prior written agreement to the contrary, payment of our charges is required on receipt of our invoice. Failure to make payment within 21 days of the due date will result in the matter being referred to our Debt Collection Agents whose charges will be added to, and payable with the invoice debt.
Mid Wales Design will impose additional charges if your account exceeds any agreed limits, including alloted bandwidth and disk usage. We will charge these amounts at the end of each month - £10 for every additional 1000mb Data Transfer used, £5 for every additional 100mb Disk Space used (or part thereof).
If your account is suspended due to a billing issue, a reconnection charge of £50 will be applied.