Terms & Conditions!
Here are the Terms & Conditions of use for your Wayne Robbins account. When you ask us to host your
web site, you agree to be bound be these terms. These Terms & Conditions are here to protect you and us, and to help us provide a
cost-effective high quality service.
For the purposes of this document, the following definitions are made:
"Wayne Robbins", "The Company", "Us", "Our" and "We" refers to Wayne Robbins;
"Client", "Customer", "You" and "Your" refers to the person(s), organisation or company
requesting services from Wayne Robbins;
"Account" refers to the service provided to you by Wayne Robbins;
"Services" refers to any service provided to you by Wayne Robbins.
2. ACCEPTANCE OF TERMS
The Customer must accept and abide to the terms and conditions set out in this document in order for services to be provided by Wayne
Robbins. Should any of the terms herein be breached the provision of services may be terminated without prior notice according to
Section 14. Wayne Robbins reserves the right to change these terms and conditions with 30 days notice to the customer.
3. SECURITY & ACCESS
You are responsible for the security and proper use of all usernames, passwords and other account information and must take all
necessary steps to ensure that they are kept confidential, used properly and not disclosed to unauthorised people. You must inform us
immediately if you have any reason to believe that any username, password or other piece of account information has become known to
someone not authorised to use it or if any username, password or other piece of account information is being or is likely to be used
in an unauthorised way or of any other breach of security. We are not liable for any loss of confidentiality or for any damages
arising from your failure to comply with these terms. You will be entirely liable for all activities conducted and charges incurred
under your access to our services whether authorised by you or not.
You must act legally and responsibly when accessing any servers or services provided by Wayne Robbins. You must not browse any part of
our servers beyond your home directory. For security reasons, we do not provide shell access via Telnet. You must not use the Services
provided by Wayne Robbins to attempt to gain unauthorised access or use of any other system or network. Such an attempt would be a
criminal act under Section One of the Computer Misuse Act of 1990.
While we will use every reasonable endeavour to ensure the integrity and security of the server, we do not guarantee that the server
will be free from unauthorised users or hackers, and we accept no liability for non-receipt or misrouting of e-mail or for any other
failure of e-mail or webspace. We shall use our reasonable endeavours to make our server and services available to you at all times,
but we will not be liable for interruptions of service or downtime of the server.
The services shall be provided as described within the Wayne Robbins website (www.waynerobbins.co.uk) at the price stated on the Wayne
Robbins website. We reserve the right at any time to amend, improve, correct, discontinue, temporarily or permanently, the services
(or any part thereof) with or without notice and you agree that Wayne Robbins shall not be liable to you or to any third party for any
such modification, suspension or discontinuance. We reserve the right to change our prices with 30 days notice to the Client.
We reserve the right to suspend web space and e-mail service for any account where payment becomes overdue. We reserve the right to
terminate an account at any time without notice.
5. TERM AND RENEWAL OF CONTRACT
Unless otherwise agreed in writing by Wayne Robbins, the term of contract is 12 months from the date on which services are first made
available to the Client. When you sign up for a hosting account and/or a domain name, you are deemed to be requesting that services
commence immediately. Once service has commenced (and by service, we mean that your webspace has been set up on our servers, or your
domain name has been registered) we will invoice you and payment is to be made within 7 days of the invoice date. If the Client wishes
to renew the contract, the annual fee must be paid in full before the end of the current term of the contract, the term of the
contract shall then continue for 12 months. If the Client does not wish to renew, the term of contract will expire and services shall
cease to be provided.
You may cancel your account at any time and have your domain name transferred to another provider within 30 days of notice of your
wish to cancel. Due to the cost of setting up hosting, refunds are not available. When you cancel your account, all your files
(including web pages and e-mails) will be deleted unless you instruct us to hold them for an agreed period of time.
7. DOMAIN NAMES
The Client acknowledges that whilst Wayne Robbins shall use its reasonable endeavours to successfully register the requested domain
name, Wayne Robbins shall not be obliged to accept any request to register or continue to process any registration of a domain name.
Wayne Robbins makes no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with
respect to availability or likelihood of successful registration of any domain name.
The Client shall at all times comply with the terms and conditions for the registration of domain names published by the relevant
Once a domain name has been registered by us with the relevant naming authorities, we are unable to cancel the registration. This is
the policy of all naming authorities. Therefore we are unable to offer any refund on domain names once they have been ordered. A
domain name remains the property of Wayne Robbins until full payment for that domain name has been received by us.
We reserve the right to refuse to release a domain name to a new hosting provider in the event that there are any outstanding monies
owed on your account. We do not charge for transferring domain names.
8. BANDWIDTH & DATA TRANSFER
The monthly quota for data transfers, including, but not limited to, uploads and downloads to and from the customer's web space, is
set at 2 gigabytes of data. Should the amount of data transfer exceed this amount in any month, an additional fee per megabyte may be
paid by the Customer to Wayne Robbins.
9. UNSOLICITED BULK/COMMERCIAL EMAIL (SPAM)
Wayne Robbins does not tolerate the use of its service for the sending, receiving or promoting of unsolicited bulk/commercial email
(spam). Such use is a breach of these terms and conditions and will warrant termination of a customer's account under Section 14. In
addition, you may not use unsolicited bulk/commercial email (spam) to advertise your website, even if the spam was not sent through
10. OBLIGATIONS OF THE CLIENT
- You must immediately notify Wayne Robbins if you become aware of any unauthorised use of any or all
of the services provided to you.
- YOUR USE OF THE SERVICES MUST COMPLY COMPLETELY WITH ENGLISH LAW AND REGULATION. You must not use
the services for any unlawful purpose or for the publication, issue, display or linking to of any unlawful material, which shall
include without limit any material which is obscene, pornographic, threatening, malicious, abusive, harmful, fraudulent,
defamatory or which breaches the rights (including without limit intellectual property rights and copyrights) of any third party
or which encourages criminal acts.
- ADULT CONTENT or links to adult content are not permitted on Wayne Robbins servers.
- IRC servers, IRC bots, IRC proxy or any other IRC clients, services or software are not permitted on
Wayne Robbins servers.
- Peer-to-peer file sharing services or clients of any kind are not permitted on Wayne Robbins
- You must back up all of your data that is hosted by Wayne Robbins.
- You must notify Wayne Robbins promptly of any change to your correspondence address or other
customer details. Wayne Robbins shall not be liable for any costs, damages or loss which the Client may suffer or incur as a
result of loss of services caused by a failure to notify Wayne Robbins of such changes.
The Client agrees to fully indemnify and keep Wayne Robbins, its subsidiaries, affiliates, officers, partners, employees and agents
fully indemnified from and against all actions, demands, costs (on a fully indemnity basis), losses, penalties, damages, liability,
claims and expenses (including but not limited to legal fees) whatsoever arising from your breach of the Contract, your use or misuse
of the Services, any claims by third parties as to ownership or other rights to use a Domain Name, or arising in any way by the Client
infringing (whether innocently or knowingly) third party rights (including without limit intellectual property rights and copyrights).
To the fullest extent permitted by law the services provided by Wayne Robbins are provided on an "as is" and "as
available" basis and no representations or warranties (expressed or implied) of any kind are made (and they are expressly
disclaimed) with respect to the services including, without limit, warranties of merchantability and fitness for a particular purpose.
Neither Wayne Robbins nor anyone else who has been involved in the creation, production or supply of the services shall be liable to
the Client or any other person for any loss in contract, tort (including negligence or breach of statutory duty) or otherwise
howsoever and whatever the cause thereof by reason of or in connection with the Contract or the Services for any:
- economic loss of any kind whatsoever, or
- loss of profit, business contracts, revenues or anticipated savings, or
- damage to the Client's reputation or goodwill, or
- loss resulting from any claim made by any third party, or
- special, indirect or consequential loss or damage of any nature whatsoever, and the Client shall
indemnify Wayne Robbins from and against any claim which may be made against Wayne Robbins in respect thereof.
If Wayne Robbins is prevented or delayed in or from providing any services due to circumstances beyond
its control such as but not limited to governmental acts, war, riots, protests, strikes or trade disputes (including by and with our
own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire
or explosion, natural or local emergency Wayne Robbins shall not be liable for this.
The information you provide to us will remain confidential. We are committed to protecting your privacy. We will never pass on, sell,
or otherwise disclose your information to any third party.
Provision of services may be terminated or suspended immediately and indefinitely without notice by Wayne Robbins if the Client fails
to pay any sums due by the date that they are due, or if at the sole discretion of Wayne Robbins the Client fails to abide by the
terms and conditions in this document.
Violations of these Terms & Conditions may be notified by email.
Copyright © 2002-2009 Wayne Robbins. All rights reserved.
All accounts are for 12 months, unless otherwise stated.
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