| 1. |
Black Ram Web Solutions Limited
(hereafter referred to as Black Ram) provides World Wide Web page
hosting and subsidiary services. Black Ram reserves the right to suspend
or cancel a customer's access to any or all services provided by Black
Ram when Black Ram decides that the account has been improperly used
or otherwise. |
| SERVER USE |
| 2. |
Hosting accounts are to be used by the primary
owner only. Account holders are not permitted to resell, store or give away
web-hosting services of their website to other parties. Exceptions to this
include advertisement banners, classified advertisements, and personal advertisements. |
| |
| 3. |
Black Ram reserves the right to refuse service
and /or access to its servers to anyone. |
| |
|
| 4. |
Black Ram do not allow any of the following
content to be stored on its servers:
| (i) |
Illegal Material - This includes copyrighted works,
commercial audio, video, or music files, and any material in violation
of any regulation whatsoever whether national, international, state,
federal or local; or |
| |
|
| (ii) |
Adult Material - This includes all pornography, erotic
images, or otherwise lewd or obscene content. What is "adult
material" shall be determined by Black Ram solely; or |
| |
|
| (iii) |
Warez - This includes pirated software, ROMS, emulators,
phreaking, hacking, password cracking. IP spoofing, etc., and encrypting
of any of the above. Also includes any sites which provide "links
to" or "how to" information about such material; or |
| |
|
| (iv) |
Racist, inflammatory material or other material deemed
by Black Ram as offensive or improper. |
|
| |
| 5. |
BANDWIDTH USAGE POLICY
Bandwidth usage: Black Ram offers a limited bandwidth use policy. Where
a customer has exceeded their monthly bandwidth allowance they will be required
to purchase an upgrade to cover the additional bandwidth used. |
| |
|
| 6. |
HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization.
Black Ram may implement the following policy to its sole discretion
when a website is found to be monopolising or overusing the resources
available. Black Ram reserves the right to suspend that site immediately.
This policy will only be implemented in extreme circumstances and is intended
to prevent the misuse of the servers. However, customers may be offered
an option whereby Black Ram continues hosting the website for an additional
fee.
|
| |
| 7. |
| (i) |
All accounts are set up on a
prepay basis. Although Black Ram reserves the right
to change prices of accounts or services at any time all pricing
is guaranteed for the period of prepayment. |
| |
|
| (ii) |
Payment is due each anniversary year or month
following the date the account was established. |
| |
|
| (iii) |
Customers will be automatically invoiced again at the end of their
prepay period unless closure notification has already been given.
The notification period for cancellation is one calendar month. |
| |
|
| (iv) |
No bills or invoices will be sent by regular mail. All invoices
will be sent directly to customers via email. Customers are required
to make payment within 3 days of the invoice date for regular recurring
monthly services. For all other services payment is required within
14 days of the invoice date. Black Ram reserves the right to suspend
or cancel the service if payment is not made within these periods. |
| |
|
| (v) |
Payment is in UK sterling, Euro or US dollars
only for credit/debit card transactions. Any other payment method
is in UK sterling only. |
| |
|
| (vi) |
In situations where the card
number on file is declined Black Ram will immediately
suspend the facility to purchase services on-line until the
outstanding charge is processed successfully. In addition, Black Ram reserves the right to suspend other services
until the outstanding debt is cleared. The customer is responsible
for all money owed on the account from the time it was established
to the time that the customer sends a written cancellation request.
|
| |
|
| (vii) |
PAYMENT
OPTIONS
- Credit / Debit Cards:
Black Ram accepts Visa, Mastercard, Eurocard , Visa Debit, Switch,
Solo, Delta and JCB
- Cheque Payment:
This option is only available to customers who pay annually for
their Black Ram account. A credit / debit card number will still
be required if customers require the facility to purchase domains
and other services on-line. Black Ram cannot guarantee that a
service will be provided until after any cheques received have
been cleared.
- Standing Order
- Bank Transfer
|
|
| |
| 8. |
CANCELLATION AND REFUNDS |
| |
| |
|
| (i) |
THE INITIAL 7 DAYS OF ANY NEW ACCOUNT IS
TO BE REGARDED AS A TRIAL PERIOD.
Customers may terminate the arrangement at any time within this
period and any monies that they have paid will be refunded in
full. |
| |
|
| (ii) |
After the trial period customers may cancel
their account at any time but then they will not be entitled
to receive any refund unless the service is cancelled by Black Ram. Any incentives offered to customers when opening
the account will also be cancelled. Customers may however be
given the option to purchase services which were offered as
start-up incentives in the event of a cancellation. |
| |
|
| (iii) |
Domain registration fees are non-refundable.
|
| |
|
| (iv) |
Black Ram reserves the right to cancel the service at any time.
In this event customers will be entitled to a pro rata refund based
upon the remaining period of the service. If a customer contravenes
Black Ram' terms of service as set out in condition 4 above no refund
will be issued in the event of a cancellation. |
|
| INDEMNITY |
| 9. |
| (i) |
The customer agrees that it will
indemnify Black Ram from any and all demands, liabilities,
losses, costs and claims (including legal fees) put forward
against Black Ram, its agents, customers, directors
and employees, that may arise or result from any service provided
or performed or agreed to be provided or performed or any product
sold by the customer, its agents, directors and employees. |
| |
|
| (ii) |
The customer agrees to indemnify Black Ram against liabilities
arising out of; (1) any injury to person or property caused by any
products sold or otherwise distributed in connection with Black Ram's
servers; (2) any material supplied by the customer infringing or allegedly
infringing on the proprietary rights of a third party; (3) copyright
infringement and (4) any defective products sold to the customer from
Black Ram's servers. |
|
| DISCLAIMER |
| 10. |
| (i) |
Black Ram gives no warranties
of any kind (expressed or implied) for services it provides.
|
| |
|
| (ii) |
Black Ram will not be responsible for any damages your business
may suffer. Black Ram disclaims any warranty of merchantability or
fitness for a particular purpose. This includes loss of data resulting
from delays, nondeliveries, wrong delivery, and any and all service
interruptions caused by Black Ram and its employees. |
|
| |
|
| 11. |
Black Ram reserves the right to revise its policies at any time. |
| |
|
| 12. |
Any dispute
arising between Black Ram and its customers will be determined
in accordance with English Law. |
|