Big Boy MediaHosting Terms
TERMS AND CONDITIONS FOR PROPOSALS AND HOSTING BY BIG BOY MEDIA LTD1. All customers and potential customers will be provided with written quotations by email/fax or post. All quotations are valid for 30 days and may include additional terms and conditions and details of timescales and payments.
2. Development timescales are subject to all material and any required payments being received prior to the commencement date or other agreed/stipulated date(s).
3. During the initial development, planning and consultancy stage, clients’ may be provided with one set of screenshots of page layouts, in either GIF/JPEG format or as a PowerPoint presentation. Additional changes and screenshots or presentations may be subject to an additional charge at the current basic web design or graphic design hourly rates.
4. During development any additional work carried out over and above the quoted hours, additional features, consultancy or services will be charged at the current rates. Clients will be kept up to date with progress via weekly reports sent by phone, email or fax.
5. Payment Terms: payments are strictly in advance or within 30 days of invoice for credit account customers. Big Boy Media reserve the right to de-activate customers accounts and remove material if payment is not received by the renewal or due date.
6. Payments should be made by cheque to Big Boy Media or BACS – bank details are shown on all invoices and statements.
7. In the unlikely event that a customer’s account is overdue Big Boy Media reserves the right to make a service charge of 5% above the Bank of England base rate on all outstanding amounts that are 30 days or more overdue.
8. Big Boy Media reserves the right to terminate or suspend any account, at any time, as deemed by Big Boy Media staff, where the user has made inappropriate or unreasonable use of Big Boy Media’s services or where the customer’s account is 30 days or more overdue. We take no responsibility for loss of business or costs incurred by the customer due to the suspension or removal of services in the event of customer’s non-payment of account or failure to adhere to any of our terms and conditions. If a customer’s account is suspended or de-activated due to late or non-payment, a re-activation charge of £35.00 will be applied.
9. Cancellation period. Cancellation of services requires 30 days notice in writing and must be received at least 21 days before the start/renewal date. Failure to give the required notice will result in the customer being invoiced for the next full amount/term, which is normally 12 or 24 months unless otherwise stated.
Hosting Terms and Conditions
10. Big Boy Media reserve the right to terminate any accounts, at any time, as deemed by Big Boy Media staff, where the user has made inappropriate or unreasonable use of Big Boy Media services.
11. Big Boy Media takes no responsibility for any information loaded to our customers’ accounts or servers. We do not have the time or inclination to police the customers’ data. If it is brought to our attention, by the proper authorities, we will suspend service on accounts or servers, until any illegal data is removed.
12. Big Boy Media is not responsible for any interruption of service, and accepts no liability for any loss of services, sales or any other form of loss.
13. Content and usage. We reserve the right to refuse to serve the materials of any existing user making inappropriate or unreasonable use of Big Boy Media services or an applicant whose planned web presence activities are deemed to have the potential of creating negative impact on Big Boy Media’s abilities to serve its customers. Inappropriate or unreasonable includes providing copyrighted materials without authorisation, providing obscene or offensive materials (e.g. pornographic materials), providing materials whose nature and/or volume compromises the ability of Big Boy Media’s servers to serve other user’s web presence (instances including but not limited to: unreasonable consumption of disk space, Internet link bandwidth, CPU, and memory usage, as determined by Big Boy Media staff), materials that violate the commonly accepted etiquette of the Internet or providing materials that are deemed by the government authorities as inappropriate or illegal. Any such government determinations will be binding on the customer, not Big Boy Media.
14. Indemnification The customer will fully indemnify Big Boy Media against liability (of any nature), which may befall Big Boy Media as a result of the customers’ legal or illegal use of the services.
15. Spam and UCE Spamming or any type of UCE (Unsolicited commercial e-mail), is strictly prohibited, and the customer’s account may be closed immediately if the customer is found to be doing so.
16. IRC and bots No IRC connections must be made under any unauthorized hosts. The customer’s account may be terminated if the account is found to be using unauthorized hosts. IRC Ro(Bots) are strictly not allowed. If the customer’s account is found to be running a bot the account may be disabled without warning.
17. Failure to abide by any of the terms outlined in this document may result in termination of service without refund.
18. Cancellation period. Cancellation of services requires 30 days notice in writing and must be received at least 21 days before the renewal date. Failure to give the required notice will result in the customer being invoiced for the next full term, which is normally 12 or 24 months unless otherwise stated.
19. Transfer of Domain Name hosting to another service provider is subject to transfer fee applicable by new hosting company, and on condition that all accounts are up to date. We will normally initiate transfer within 2 working days of receiving your email/fax/post.
20. Payment Terms: Our normal payment terms apply to all hosting and Internet services as detailed in Clauses 5,6,7 and 8 above.
21. As hosting accounts are activated for 12 months or 24 months on registration, and paid for in advance by Big Boy Media, refunds can not be given where a client wishes to cancel their site or move their site to a different supplier before the end of their hosting term.
22. Big Boy Media does not make any termination charges. Where a client requires the help of Big Boy Media to transfer domain names, change DNS records, or transfer files by FTP to another server once their hosting term has ended, then an hourly charge will be applied to cover our time at the usual Server Maintenance rate.
Your Web Pages may not contain, nor contain links to, any of the following:
a. Sex, pornography, obscene material, tasteless images. This includes anything considered adult material and any form of child pornography;
b. Hate propaganda;
c. Anything illegal including, but not limited to, illegal software, warez or hacked software, serial numbers, mail fraud, or pyramid schemes;
d. Material insulting, or that could be considered defamatory or libellous, to other persons, institutions or companies;
e. Material that exploits children;
f. Material which attempts to collect personal information about users;
g. Materials infringing the intellectual property rights of third parties (including, but not limited to, trademarks, domain names, personality rights, names of individuals, publicity rights, logos, graphics, designs, films, and music), those which allow the circumvention of revenue rightfully due to a manufacturer for the sale of a product or the disabling of installed copy protected devices, and all other forms of cracker utilities, are strictly forbidden.
The following is a non-exclusive list of content and behaviours prohibited by our favoured hosting company
· Content that contains or contains links to: nudity, pornography, adult content, sex or foul language;
· Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
· Content that has been promoted through the sending of unsolicited email (SPAM) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email (may result in immediate account suspension).
· Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
· Content or otherwise that exploits children under 18 years of age.
· Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
· Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
· Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
· Content that posts or discloses any personally identifying information or private information about any third parties without their expressed consent.