Terms and Conditions
TERMS OF SERVICE
The use of services from MonthlyWeb.com (hereafter referred to as "MonthlyWeb") constitutes agreement to these terms. You may view our Privacy Policy.
1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our
payment partner(s) have screened the order(s) in case of fraud. It is your
responsibility to provide us with an email address which is not @ the domain(s)
you are signing up under. If there is ever an abuse issue or we need to contact
you, the primary email address on file will be used for this purpose. It is
your responsibility to ensure the email address on file is current or up to
date at all times. If you have a domain name registered with MonthlyWeb, it is
your responsibility to ensure that the contact information for your domain
account and your actual domain name(s) is correct and up-to-date. MonthlyWeb is
not responsible for a lapsed registration due to out-dated contact information
being associated with the domain. If you need to verify or change this
information, you should contact us via email. Providing false contact
information of any kind may result in the termination of your account. In
dedicated server purchases or high risk transactions, it will be necessary to
provide government issued identification and possibly a scan of the credit card
used for the purchase. If you fail to meet these requirements, the order may be
considered fraudulent in nature and be denied.
Transfers
Our transfers team will make every effort to help you move your site to us.
However, transfers are provided as a courtesy service, and we cannot make
guarantees regarding the availability, possibility, or time required to
complete an account transfer. Each hosting company is configured differently,
and some hosting platforms save data in an incompatible or proprietary format,
which may make it extremely difficult if not impossible to migrate some or all
account data. We will try our best, but in some cases we may be unable to
assist you in a transfer of data from an old host.
The free transfer services are available for 60 days from your sign up date. Transfers outside of the 60 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.
2.) Content
All services provided by MonthlyWeb may only be used for lawful purposes.
The customer agrees to indemnify and hold harmless MonthlyWeb from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work.
The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our service. If you believe that your copyright or trademark is being infringed upon, please email forms@monthlyweb.co.uk with the information. If the request is of a licensing issue, we may require further documentation.
MonthlyWeb services, including all related equipment, networks and network devices are provided only for authorized customer use. MonthlyWeb systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of MonthlyWeb system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. MonthlyWeb may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 72 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via email and will have a response within 72 hours. Special arrangements should be made is if 72 hours is not sufficient time to respond.
We do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. monthlyweb.co.uk is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libellous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.
The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like MonthlyWeb.com and many of MonthlyWeb.com's other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, MonthlyWeb should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under MonthlyWeb's service(s).
If in doubt regarding the acceptability of your site or service, please contact us at forms@monthlyweb.co.uk and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Violations will be reported to the appropriate law enforcement agency.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk
emailing, and spam.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
MonthlyWeb reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
MonthlyWeb reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of MonthlyWeb.
4.) Payment Information
You agree to supply appropriate payment for the services received from
MonthlyWeb, in advance of the time period during which such services are
provided. You agree that until and unless you notify MonthlyWeb of your desire
to cancel any or all services received, those services will be billed on a
recurring basis. This includes when accounts are suspended. When an account's
invoices are paid outside of the 14 day grace period an administration fee of
£5.00 will be charged. The £5.00 late fee is applied in addition to whatever
else is owed to MonthlyWeb for services rendered. MonthlyWeb reserve the right
to suspend services if payments are not paid within the 14 day grace period. Access
to the account will not be restored until payment has been received.
It is the customer's responsibility to notify our sales team via email at contact@monthlyweb.co.uk if special payment arrangements need to be made in a given month. Special arrangements should be requested 14 days before payment is due. MonthlyWeb reserves the right to deny special payment arrangements.
5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is ran on
Sunday of each week, overwrites any of our previous backups made, and only one
week of backups are kept. This service is provided to you as a courtesy.
MonthlyWeb is not responsible for files and/or data residing on your account.
You agree to take full responsibility for making your own backups of content.
6.) Cancellations
MonthlyWeb reserves the right to cancel, suspend, or otherwise restrict access
to the account at any time with or without notice; such restrictions would
occur if you were in breach of our terms and conditions or you were deemed to
be breaking the law.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services and you will be liable to pay cancellation charges.
Customers may cancel at any time via a cancellation form. A cancellation fee of £50 is charged to process a cancellation. Customers who wish to cancel will be required to pay their remaining balance in full; this balance is calculated by how many months remain in the contract and how much is charged each month. Customers can request their remaining contracted balance by emailing contact@monthlyweb.co.uk.
7) Resource Usage
Customers are required to stay within their allocated resources. MonthlyWeb will notify customers who may go over their resource allocation and offer upgraded resources. If a customer refuses upgrade offers and repeatedly goes over their resource allocation they will be charged for overuse.
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies
depending on the hosting package you purchase. Should your account pass the
allocated amount we reserve the right to suspend the account until the start of
the next allocation or suspend the account until more bandwidth is purchased at
an additional fee or suspend the account until you upgrade to a higher level of
package or terminate the account and/or charge you an additional fee for the
overages. Unused transfer in one month cannot be carried over to the next
month.
9.) Price Change
The amount you pay for the agreed services will never increase from the date of
purchase. We reserve the right to change prices listed on MonthlyWeb.co.uk, and
the right to increase the amount of resources given to plans at any time.
Additional services will change the agreed price and will be agreed upon prior
to providing those services. Work will be based on a reasonable estimate of the
work involved, which will be agreed with both parties.
10.) Coupons/Discounts
Monthly Web reserves the right to offer coupons and discount where they see
fit. No customer automatically qualifies for the use of coupons and discounts
but it is left up to Monthly Web’s discretion.
11.) Server Transfer
If you are not happy with the performance of the web server you are allocated
you can be transferred to another server that Monthly Web rent or own at the
time. The first 5 transfers are free of charge where further transfers will be
charged at a rate of £29.99.
12a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold MonthlyWeb
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against MonthlyWeb, its agents,
its customers, officers and employees, that may arise or result from any
service provided or performed or agreed to be performed or any product sold by
customer, its agents, employees or assigns. Customer agrees to defend,
indemnify and hold harmless MonthlyWeb against liabilities arising out of; (1)
any injury to person or property caused by any products sold or otherwise distributed
in connection with MonthlyWeb; (2) any material supplied by customer infringing
or allegedly infringing on the proprietary rights of a third party; (3)
copyright infringement and (4) any defective products sold to customers from
MonthlyWeb's server.
12b.) Arbitration
By using any MonthlyWeb services, you agree to submit to binding arbitration. If any disputes or claims arise against MonthlyWeb or its subsidiaries. Arbitration dealing with a dispute between the parties will be dealt with by a mutually agreed independent arbitrator in accordance with the current rules of the UK Arbitration Association. The decision of the arbitrator will be binding on the parties, to the fullest extent permitted by applicable UK law. You are responsible for any and all costs related to such arbitration.
13.) Disclaimer
- MonthlyWeb acknowledges and agrees that it shall perform the Services:
- with reasonable skill and care; and
- in accordance with good industry practice.
- The Buyer acknowledges and agrees that MonthlyWeb shall have no liability to the Buyer in respect of the positioning of the Buyer's Web Site.
- The Buyer's remedies in respect of any claim under the foregoing express warranty or any condition or warranty implied by law or any other claim in respect of the Services or Web Site or any workmanship in relation to them (whether or not involving negligence on the part of MonthlyWeb) shall, in all cases, be limited to re-performance of the Services or refund of the relevant purchase price.
- MonthlyWeb shall not in any circumstances be liable to the Buyer for any indirect or consequential losses or any loss of profits purported to have been suffered by the Buyer.
- MonthlyWeb shall not be liable for any failure in the performance of any of its obligations under the agreement caused by factors outside its control.
14.) Disclosure to law enforcement
MonthlyWeb may disclose any subscriber information to law enforcement agencies
without further consent or notification to the subscriber upon lawful request
from such agencies. We will cooperate fully with law enforcement agencies.
15.) Changes to the TOS
MonthlyWeb reserves the right to revise its policies at any time without
notice. Regular notice of the change of the terms and conditions can be
requested by emailing forms@monthlyweb.co.uk.
Clients may refuse to accept changes but must do so within 14 days of the
changes being made, recent changes made will be documented at the end of this
document.
