|Terms of Service|
|The use of services from SimonDavidson.net (Simon Davidson webspace & Leitrim Web Design), [hereafter referred to as “SDwebspace”] constitutes agreement to these terms. These Terms of Service are the original.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) incase 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. 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.
1a.) All website design and domain registration must be paid for in advance of work starting.
All content for a website MUST be sent together and received before work commences on the website, any content that is sent in any format after the website has been started for inclusion on the website will be charged at €40 per hour.
The customer agrees to indemnify and hold harmless SDwebspace 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. If you believe that your copyright or trademark is being infringed upon. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.
Examples of unacceptable material on Dedicated servers include:
Pirated Software / Warez, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
SDwebspace services, including all related equipment, networks and network devices are provided only for authorized customer use. SDwebspace 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 SDwebspace system(s) constitutes consent to monitoring for these purposes.
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 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.
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.
Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
If we design the website for you, you are responsible for supplying us with the text (to me emailed to us ready to copy & paste) and images, therefore it is your responsibility to ensure you own the copyright, we will not be responsible for any errors in the design, typing, spelling mistakes, etc.
Once a client has gained access to the administration part of the website, then added, edited, or removed any content, the client is then fully responsible for that website and I have no further dealings with that website due to the potential for the client to damage the website.
For basic €99 websites and basic €299 e-commerce / classified ads type sites or any other website that we build, we do not offer any technical support for free, technical support will be charged for at a rate €40.00 per hour
3.) Zero Tolerance Spam Policy
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, 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.
SDwebspace 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.
SDwebspace reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of SDwebspace.
4.) Payment Information
Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of SDwebspace, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Any invoice that is overdue for 7 days and not paid will result in a €40 late fee and/or an account suspension until account balance has been paid in full.
SDwebspace reserves the right to change the monthly payment amount and any other charges at anytime.
5.) Backups and Data Loss
6.) Cancellations and Refunds
No refunds are given on domain name registration, web hosting, website design, additional programs or work carried out, templates or SEO
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
* Bank Wire Transfers
There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
7a.) Resource Usage
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.net/include.php”) use include(“include.php”)
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.
8.) Bandwidth Usage
9.) Uptime Guarantee
10.) Reseller: Client Responsibility
11.) Shared (non-reseller accounts) / Semidedicated Servers
12.) Dedicated Servers
13.) Price Change
16.) Disclosure to law enforcement
17.) Changes to the TOS
These Terms of Service were last updated at 16:04 on the 2nd of April 2010