Barry Russell

BR Webdesign will provide web hosting for your web site

Typically, there are no additional costs associated with web hosting. However, web hosting companies occasionally implement changes on servers which may require minor adjustments to your web site code by BR Webdesign. Rare "down-time" or other problems requiring the assistance of BR Webdesign to communicate with the web host company may also occur. This type of work is billed at my normal hourly rate.

You indicate acceptance of these terms and conditions of service by placing an order with BR Webdesign

DEFINITIONS

In this Agreement the following words and expressions shall have the following meanings:

• "downtime" means any service interruption in the availability to visitors of the Website;

• "intellectual property rights" means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;

• "IP address" stands for internet protocol address which is the numeric address for the server;

• "ISP" stands for internet  service provider;

• "server" means the computer server equipment operated by BR Webdesign in connection with the provision of the Services;

• "the Services" means web hosting, domain name registration, email and any other services or facilities provided by BR Webdesign.

• "spam" means sending unsolicited and/or bulk emails;

• "virus" means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without  limitation computer programs commonly referred to as "worms" or "trojan horses";

• "visitor" means a third party who has accessed the Website;

Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.

The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.

ACCEPTABLE USE POLICY

The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:

• use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;

• send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;

• publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website;

• threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;

• engage in illegal or unlawful activities through the Services or via the Website;

• make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or

• obtain or attempt to obtain access, through whatever means, to areas of the hosting network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.

• operate or attempt to operate IRC bots or other permanent server processes.

The Customer has full responsibility for the content of the Website. For the avoidance of doubt, BR Webdesign is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.

If the Customer fails to comply with the Acceptable Use Policy outlined above BR Webdesign shall be entitled to withdraw the Services and terminate the Customer's account without notice.

SERVICE LEVELS AND DATA BACKUP

BR Webdesign shall use reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, BR Webdesign makes no warranties or representations that the Service will be uninterrupted or error-free and BR Webdesign shall not, in any event, be liable for interruptions of Service or downtime of the server.

BR Webdesign carries out monthly data backups for use by BR Webdesign in the event of systems failure. Even though every effort is made to ensure data is backed up correctly BR Webdesign accepts no responsibility for data loss or corruption.

ALTERATIONS AND UPDATES

All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform BR Webdesign and the password will be changed.

INDEMNITY

The Customer agrees to indemnify and hold BR Webdesign and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against BR Webdesign arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.

LIMITATION OF LIABILITY

The entire liability of BR Webdesign to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

In no event shall BR Webdesign be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or BR Webdesign had been made aware of the possibility of the Customer incurring such a loss.

TERM AND TERMINATION

This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.

BR Webdesign shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.

Either party may terminate this Agreement forthwith by notice in writing to the other if:

• the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or

• the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or

• the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or

• the other party ceases to carry on its business or substantially the whole of its business; or

• the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.

On termination all data held in the customers account will be deleted.

ASSIGNMENT

BR Webdesign may assign or otherwise transfer this Agreement at any time.

The Customer may not assign or otherwise transfer this Agreement or any part of it without BR Webdesign's prior written consent.

FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

SEVERANCE

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

NOTICES

Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.

ENTIRE AGREEMENT

This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.

SCRIPTING

BR Webdesign is not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system

PRIVACY

To protect your privacy BR Webdesign will not distribute your details to third parties, unless required to do so by law.

DATA TRANSFER

Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.

SERVER USAGE

Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers I will discuss with you alternative solutions for your hosting requirements.

WEBSPACE USAGE

Unlimited web space is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account.

MAIL BOXES

Mail boxes not accessed for 100 days or more will be deleted from the system.