SERVER
USE
Dataflame reserves the right to refuse
service and/or access to its servers
to anyone. Dataflame does not allow
any of the following content to be
stored on its servers:
Illegal
Material - This includes copyrighted
works, commercial audio, video, or
music files, and any material in violation
of any regulation or material that
is perceived to be misleading.
Adult Material - Includes all pornography,
erotic images, or otherwise lewd or
obscene content. The designation of
"adult material" is left
entirely to the discretion of Dataflame.
Warez - 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.
It is absolutely forbidden to host
pornographic content on the Dataflame
Internet Services Ltd network. Accounts
found hosting this material will be
subject to immediate cancellation
without refund.
IRC NETWORKS
It is absolutely forbidden to host
an IRC server that is part of or connected
to another IRC network or server or
have a connection to an IRC network.
Servers or Virtual hosting accounts,
found to be connecting to or part
of these networks will be immediately
removed from our network without notice.
The server will not be reconnected
to the network until such time that
you agree to completely remove any
and all traces of the irc server,
and agree to let us have access to
your server to confirm that the content
has been completely removed. Any server
guilty of a second violation will
result in immediate account termination.
BANDWIDTH USAGE
Dataflame offers high data transfer.
In rare cases, Dataflame may find
a customer to be surpassing their
limit and using server resources to
such an extent that he or she may
jeopardise server performance and
resources for other customers. In
such instances, Dataflame reserves
the right to impose the High Resource
User Policy for the consideration
of all customers.
HIGH
RESOURCE USER POLICY
Resources are defined as bandwidth
and/or processor utilisation.
Dataflame
may implement the following policy
to its sole discretion:
When a website is found to be surpassing
their data transfer limit per month
on a single account and/or monopolising
the resources available, the account
holder will be contacted in order
to discuss the situation. If no arrangement
can be reached or the account holder
cannot be contacted within 12 hours,
Dataflame reserves the right to terminate
the account giving one week’s
notice. If the user's site is severely
affecting the performance of the server,
Dataflame has the right to act immediately
in order to resume the normal operation
of the network. The High Resource
User Policy also refers to other parts
of the servers/network, including
mail and ftp, plus the use of processor
time.
BANDWIDTH
AND DISK USAGE
Customer agrees that bandwidth and
disk usage shall not exceed the number
of megabytes per month for the Services
ordered by Customer on the Order Form
(the "Agreed Usage"). Dataflame
Internet Services Limited will monitor
Customer's bandwidth and disk usage.
Dataflame Internet Services Limited
shall have the right to take corrective
action if Customer's bandwidth or
disk usage exceeds the Agreed Usage.
Such corrective action may include
the assessment of additional charges,
disconnection or discontinuance of
any and all Services, or termination
of this Agreement, which actions may
be taken is in Dataflame`s sole and
absolute discretion. If Dataflame
takes any corrective action under
this section, Customer shall not be
entitled to a refund of any fees paid
in advance prior to such action. In
the event that a customer exceeds
the included allocation, Dataflame
may, at its sole discretion, collect
a deposit, in an amount determined
by Dataflame, against customer's credit
card on file with Dataflame.
SPAM
AND UNSOLICITED COMMERCIAL EMAIL (UCE)
SPAM and Unsolicited Commercial Email
(UCE): Dataflame takes a zero tolerance
approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over
our network. Very simply this means
that customers of Dataflame may not
use or permit others to use our network
to transact in UCE. Customers of Dataflame
may not host, or permit hosting of,
sites or information that is advertised
by UCE from other networks. Violations
of this policy will be treated as
a fundamental breach of these terms
and conditions and if substantiated
by us at our discretion will lead
to termination of service.
Upon
receipt by us of notification from
any source of an alleged violation
of our SPAM policy, Dataflame will
initiate an immediate investigation
(within 48 hours of notification).
During the investigation, Dataflame
may restrict customer access to the
network to prevent further violations.
If a customer is found to be in violation
of our SPAM policy, Dataflame may,
at its sole discretion, restrict,
suspend or terminate customer's account.
Further, Dataflame reserves the right
to pursue civil remedies for any costs
associated with the investigation
of a substantiated policy violation.
Dataflame will notify law enforcement
officials if the violation is believed
to be a criminal offence.
If
the investigation confirms that our
SPAM policy has been violated we will
invoice you for an Administrative
Fee of £150 to cover the costs
of the investigation and your account
will be reviewed for possible immediate
termination. at our absolute discretion.
If we agree to maintain your account
and any subsequent investigation following
any further notification of an alleged
a second violation is confirmed we
will invoice you for a further Administrative
Fee of £300 and immediately
terminate your account. PLEASE, DO
NOT SPAM from your account.
As
our Customers are ultimately responsible
for the actions of their clients over
the network, it is advisable that
Customers develop a similar, or stricter,
policy for their clients.
FRAUD
Fraudulent activity: Use of Dataflame`s
service to make fraudulent offers
to sell or buy products, items, or
services, or to advance any type of
financial scam such as "pyramid
schemes," "ponzi schemes,"
and "chain letters." This
will constitute a breach of our Terms
and Conditions, and will result in
your account being suspended or removed.
PAYMENT
POLICIES
All accounts are set up on a prepay
basis. All pricing is guaranteed for
the term of prepayment. You grant
Dataflame the right to debit the credit
card or account you have provided, until such service is cancelled
by you completing the cancellation
form at https://www.dataflame.co.uk/cancellation.html
or is cancelled by Dataflame according
to terms of this Agreement. Dataflame
reserves the right to change prices
at any time. Payment is due each anniversary
month, year or period following the
date the account was established (depending
on account opened). If for any reason
the payment does not arrive in time,
the account is subject to suspension/deletion.
The customer is responsible for all
money owed on the account from the
time it was established to the time
that the customer notifies Dataflame
in writing for a request for termination
of services. All payment is in the
currency chosen at the time of order.
The customer is also liable for the
NIC fees on domains and will be invoiced
accordingly (see further conditions
relating to domains). You agree to
update your credit card details provided
to us in a timely manner and to ensure
that your credit card has sufficient
credit to allow your payment to be
processed. If we are unable to successfully
charge to your credit or debit card
any amount properly payable by you
within 28 days of the due date of
such amount, we may engage a debt
recovery agent to recover such unpaid
amounts, including any costs and expenses
incurred as a result of taking such
action. The payment for the memberships are made for the first months only. The additional months are free of charge. For example, with a 12 month membership, you pay the 12 month fee for the first month, and the additional 11 months are free of charge.
You agree not to hold us responsible
for banking charges incurred due to
payments failing on your account.
Dataflame shall be entitled to vary
the Charges from time to time with
effect from the date specified in
an Amendment Notice. Dataflame shall
issue an Amendment Notice no later
than 4 weeks prior to the date that
any variation of the Charges shall
come into force.
The Customer shall no later than 4
weeks from the date of deemed receipt
of the Amendment Notice send a counter
notice to the Company accepting or
rejecting the terms of the Amendment
Notice. In the event that the Customer
specifies in the counter notice acceptance
of the terms of the Amendment Notice
or fails to send a counter notice
within the specified period then the
terms of the Amendment Notice shall
apply as from and including the date
specified in the Amendment Notice
and this agreement for Services shall
be deemed to be varied accordingly.
In the event that the counter notice
rejects the terms of the Amendment
Notice then until such date as this
Agreement has been terminated in accordance
with this clause the Customer will
be charged the Charges as varied from
and including the date in the Amendment
Notice. Upon receipt of the Amendment
Notice the Customer has the right
to terminate this Agreement with effect
from the date in the Amendment Notice,
such notice of termination to be received
by the Company no later than 14 days
before the date in the Amendment Notice.
DOMAINS
Dataflame does not accept responsibility
nor does it make any warranty that
the domain names(s) requested by the
Customer will be accepted for registration
in the register of the Naming Organisation
nor will it be liable for any costs
of the Customer incurred if the application
for Registration is unsuccessful.
The Customer should take steps to
insure that their domain has been
registered. The Company does not accept
responsibility for any liability to
third parties for breach of their
Intellectual Property Rights in relation
to the domain name(s) requested by
the Customer.
New domain names are registered by
Dataflame in customers' names, however
renewal of these domains remains the
responsibility of the customer. Customers
should take steps to note the renewal
date of their domain name and ensure
action is taken to pay for any renewal
costs before the domain registration
period terminates. Dataflame accepts
no responsibility for the renewal
of domain names and subsequent loss
of business nor related liability
resulting in a domain name not being
renewed. It is the customers responsibility
to periodically check, ie at least
monthly, to ensure that domain name(s)
is/are active, and has not inadvertently
expired.
By registering a .uk domain name,
you enter into a contract of registration
with Nominet UK on the following terms
and conditions. This is a separate
contract to any arrangement you may
have with any third party for the
provision of internet services. Please
read the following before proceeding
with your order - http://www.nominet.org.uk/nominet-terms.html
Dataflame do not change the name servers
(DNS entries) to point to another
host or IP address.
There will be a charge of £4.99
per domain, to release a domain to
another Registrar.
EMAIL
All payments made to Dataflame are
confirmed by email. Users accept that
Dataflame will notify of payment and
issue an email if payment has failed.
Invoices are dispatched by email.
In order to keep users notified of
impending service alterations important
to the running of their account, Dataflame
will occasionally communicate in this
manner, and the users accepts this
is normal policy.
CANCELLATION
Dataflame reserves the right to cancel
service at any time. Customers can
cancel service any time, but must
complete the cancellation form, before
the next billing period is due giving
at least seven (7) days notice. All
cancellations must be received via
the cancellation form located at https://www.dataflame.co.uk/cancellation.html
Phone requests, Live Chat or email requests, will not constitute
acceptance of any cancellation. Cancellations
will be processed by our Staff once
a day, and the account will then be
removed from the server. For information
on refunds please see the heading
"Refunds".
The Customer will be responsible for
renewing the Registration of his/her
domain name(s) and finding a new host
for the respective domain name(s).
If an account is cancelled by us for
non payment, then a fee of £4.99
will apply per domain name to release
this to your new Registrar.
To cancel a domain name, you must
visit https://www.dataflame.co.uk/domainupdate.html
RENEWALS
Your account will be automatically
renewed on the anniversary date of
your account under the same fee structure,
unless you give written notice to
Dataflame seven (7) days before the
renewal date that you do not wish
to renew such account. Please see
the heading "Cancellation"
for information on cancelling your
account.
Domain name renewals can be renewed
upto forty five (45) days in advance
of the due date, unless cancelled
via the domain update form at - https://www.dataflame.co.uk/domainupdate.html
INDEMNIFICATION
Customer agrees that it shall defend,
indemnify, save and hold Dataflame
(for clarification, a service by Dataflame)
harmless from any and all demands,
liabilities, losses, costs and claims,
including reasonable legal fees asserted
against Dataflame, 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 Dataflame
against liabilities arising out of;
(1) any injury to person or property
caused by any products sold or otherwise
distributed in connection with Dataflame's
servers; (2) any material supplied
by customer infringing or allegedly
infringing on the proprietary rights
of a third party; (3) copyright infringement;
(4) any defective products sold to
customer from Dataflame's servers,
and (5) any statements made within
information or pictures held on our
servers that may be seen as unsuitable,
defamatory, misleading or libelous
in any way.
REFUNDS
FOR HOSTING ACCOUNTS
Dataflame will refund to you the prepaid
fees for basic hosting for the full
months remaining after effectiveness
of cancellation, less any prior fees,
charges, setup charges, and an early
cancellation fee of £4.99 + VAT . Accounts
that are terminated by Dataflame will
not receive any refund. All cancellations
must be received via the cancellation
form https://www.dataflame.co.uk/cancellation.html
as per the deadlines indicated. Phone
requests will not constitute acceptance
of any cancellation. Refunds will
be issued back to your debit or credit
card within 7-10 business days from
your cancellation date. Domain name
purchases, transfers, renewals, add-ons,
and SSL certificates are non refundable.
Refunds cannot be applied to another
account held with us.
REFUNDS FOR DEDICATED
SERVERS
Dedicated servers are not entitled
to a refund.
BACKUP FILES
Dataflame will make every reasonable
effort to protect and backup data
for Client on a regular basis, however
Dataflame does not guarantee the existence,
accuracy, or regularity of its backup
services and, therefore, Client is
responsible for making back-up files
in connection with its use of the
Services. There is a one time fee
of £75 for our Administrator
to retrieve clients back-up files.
Client is solely responsible for independent
backup of data stored on Providers
server and network.
SITESTUDIO/SITEBUILDER
Dataflame reserves the right to terminate
the use of SiteStudio/SiteBuilder
at any time.
LIMITATION
OF LIABILITY
You agree that Dataflame will not
be responsible for any losses that
may incur where Services are accessed
by third-parties through illegal or
otherwise unauthorized means, including
but not limited to situations where
data is accessed through the exploitation
of security gaps, weaknesses or flaws
(whether known or unknown to Dataflame
at the time) which may exist in the
Services or in Dataflame's equipment
used to provide the Services.
Under
no circumstances will Dataflame be
liable for any consequential, indirect,
incidental, special or punitive damages,
or loss of profits, revenue, data
or use by Customer, any of its customers,
or of any other third party, whether
in an action in contract or tort or
strict liability or other legal theory.
Dataflame will not be liable to Customer,
any of its customers, or any other
third party, for any loss or damages
that result or are alleged to have
resulted from the use of or inability
to use the Services, or that results
from mistakes, omissions, interruptions,
deletion of files, loss of data, errors,
viruses, defects, delays in operations,
or transmission or any failure of
performance, whether or not limited
to acts of God, communications failure,
theft, destruction or unauthorized
access to Dataflame's records, programs,
equipment or services.
Notwithstanding
anything to the contrary in this Agreement,
Dataflame's maximum liability under
this Agreement for all damages, losses,
costs and causes of actions from any
and all claims (whether in contract,
tort, including negligence, quasi-contract,
statutory or otherwise) will not exceed
the actual sterling amount paid by
Customer for the Services which gave
rise to such damages, losses and causes
of actions during the 12-month period
prior to the date the damage or loss
occurred or the cause of action arose.
This
limitation of liability reflects an
informed, voluntary allocation between
the parties of the risks (known and
unknown) that may exist in connection
with this Agreement. The terms of
this Section will survive any termination
of this Agreement.
FORCE
MAJEURE
Dataflame will not be liable for failure
or delay in performing it obligations
if such failure or delay is due to
circumstances beyond its reasonable
control, including but not limited
to acts of any governmental body,
war, insurrection, sabotage, embargo,
fire, flood, strike or other labour
disturbance, interruption of or delay
in transportation, unavailability
of, interruption or delay in telecommunications
or third party services (including
DNS propagation), failure of third
party software or hardware or inability
to obtain raw materials, supplies
or power used in or equipment needed
for provision of the Services.
DISCLOSURE
OF CUSTOMER INFORMATION AND LEGAL
PROCESS
Although Dataflame maintains strict
confidentiality on Customer's information,
there are certain exceptions in which
Dataflame may disclose information
in its possession, including but not
limited to information about the Customer's
internet transmissions and website
activity in order to comply with court
order, subpoena, discovery request,
warrant, statute, regulation or official
governmental requests. Dataflame has
no obligation to notify Customer about
whom the information is sought or
that Dataflame has provided the information.
Customer acknowledges the above exceptions
and agrees to them without reservation.
ASSIGNMENT
Customer will not have the right to
assign this Agreement without the
prior written consent of Dataflame.
ENTIRE
AGREEMENT; SEVERABILITY
This Agreement represents the entire
agreement between the parties, and
supersedes all previous representations,
understandings or agreements. If any
provision of this Agreement is held
by a court of competent jurisdiction
to be invalid, unenforceable, or void,
the remainder of this Agreement will
remain in full force and effect.
Customer
hereby represents that he, she or
it, is either an individual entering
this Agreement for his or her personal
use and is over 18 years of age, or
is a corporation other legal corporate
entity, duly organized, validly existing
and in good standing under the laws
of the state of its organization and
the person acting on behalf of Customer
is duly authorized to accept, execute
and deliver this Agreement on behalf
of Customer.
GENERAL
This Agreement shall be construed
and governed in all respects in accordance
with the Law of England and Wales
and the English Courts shall have
exclusive jurisdiction in respect
of any disputes arising hereunder.
Dataflame reserves the right to revise
its policies at any time.
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