Terms and Conditions (Last updated March 2018)
These Terms and Conditions govern your submission of an order to us for our provision of services to you through fdswebhhosing.com/fdshosting.com/fdshosting.co.uk (the "Website"), and your registration for an account on the Website by which you will be able to administer those services that you receive. By submitting your details to us for registration for an account on the Website, you agree to be legally bound by these Terms and Conditions. We reserve the right to adjust/amend these Terms and Conditions as our business requires without prior notice.
1.1 In this Agreement the following words and expressions shall have the following meanings:
1.1.1 "downtime" means any service interruption in the availability to visitors of the Website;
1.1.2 "intellectual property rights" means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;
1.1.3 "FDS" means FDS Web Hosting Services
1.1.4 "IP address" stands for internet protocol address which is the numeric address for the server;
1.1.5 "ISP" stands for internet service provider;
1.1.6 "server" means the computer server equipment operated by FDS in connection with the provision of the Services;
1.1.7 "the Services" means web hosting, domain name registration, email and any other services or facilities provided by FDS.
1.1.8 "spam" means sending unsolicited and/or bulk emails;
1.1.9 "virus" means a computer program that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user’s files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "trojan horses";
1.1.10 "visitor" means a third party who has accessed the Website;
1.1.11 "material" means material that you upload (or permit to be uploaded) onto our servers as part of our provision of the Services, including any and all materials, works of authorship, software, files, multimedia and audiovisual material, tools, processes, systems, manuals, databases, database structures, a website's "look and feel", content, documents, records, reports, ideas, know-how, information, text, data, diagrams, artwork, screenshots, drawings, plans, descriptions, specifications, images, graphics, domain names and marks (in whatever form and on whatever media);
1.11.12 "order" means the order submitted by you through the Website for the receipt of certain services from us;
You indicate acceptance of these terms and conditions of service by placing an Order with FDS Web Hosting Services. These terms and conditions will not be varied for individual customers.
2.1 Product specifications and details may be found at https://www.fdshosting.co.uk
2.2 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
2.3 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
2.4 The Customer wishes to provide FDS with data that will be hosted on FDS’s servers and made accessible via the Internet.
2.5 FDS provides web hosting services and has agreed to host the Customer’s data upon the following terms and conditions.
3.1 FDS shall provide to the Customer the Services specified in their order subject to the following terms and conditions.
3.2 The Customer shall deliver to FDS the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or FDS (“the Customer Software”), in a format specified by FDS.
4 CHARGES, PAYMENT AND MONEY-BACK GUARANTEE
4.1 Payment methods include PayPal, credit cards (including MasterCard and Visa), debit cards (including Switch/Maestro) and direct debits
4.2 FDS do not accept cheques, bank transfers, postal orders, cash or any other form of payment other than those outlined in 4.1
4.3 The quoted prices on the website are inclusive of VAT.
4.4 FDS shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
4.5 FDS do not provide credit facilities.
4.6 From time to time FDS may make enquiries on the Customers company, proprietor or directors of the Customers company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.
4.7 FDS provide "Money-Back Guarantees" on web hosting products. Should your product qualify for this guarantee please raise a support ticket at https://fdswebhosting.com/whmcs within 30 days of placing your order for a full refund. This guarantee excludes domain names (registrations and transfers) which may not be cancelled once ordered and does not include any set-up fees which are non-refundable. The Customer is limited to using the money-back guarantee once. Note: if you pay via PayPal and request a refund and it is not due to our error, we will not refund the default PayPal transaction charge.
4.8 Pro-rata refunds will be issued for any services that are cancelled before the end of the term.
4.9 Should your chosen payment method fail FDS will attempt to settle your invoice using any other payment facilities available on your account.
4.10 All services will renew until cancelled by the Customer. FDS will email the Customer (via previously supplied primary email address) prior to renewal of services, it is the responsibility of the Customer to cancel services prior to renewal as no refund can be made once renewal has occurred. Please see Section 21 for full cancellation policy.
4.11 Overpayment of invoices via a subscription or other payment method will result in a credit balance on your account. Credit balances will automatically be applied to any due invoices. It is not possible to withdraw credit from an account - it can only be used against outstanding invoices.
5 IP ADDRESSES
5.1 FDS shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.
5.2 Where FDS changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.
6 SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer requires use of software owned by or licensed to FDS (“FDS’s Software”) in order to use the Services, FDS grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use FDS Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in FDS Software.
6.2 In relation to FDS’s obligations under this Agreement in connection with the provision of the Services, the Customer grants to FDS a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website (“the Content”). For the avoidance of doubt, this Agreement does not transfer or grant to FDS any right, title, interest or intellectual property rights in the Customer Software or the Content.
6.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sub-license FDS Software.
6.4 FDS may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, FDS shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.
7 SERVICE LEVELS AND DATA BACKUP
7.1 FDS shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, FDS makes no warranties or representations that the Service will be uninterrupted or error-free and FDS shall not, in any event, be liable for interruptions of Service or downtime of the server.
7.2 FDS carries out data backups for use by FDS in the event of systems failure. FDS do not routinely provide data restoration facilities for the Customers. Even though every effort is made to ensure data is backed up correctly FDS accepts no responsibility for data loss or corruption. Unless expressly included in the cost of the package, routine backups are not provided to the customer by FDS. A data backup service is available at an extra charge and FDS is happy to supply a quote for data backup services. It is always the responsibility of the Customer to ensure that they have adequate backup procedures in place. See also section 8.6.
8 ACCEPTABLE USE POLICY - YOUR OBLIGATIONS
8.1 Correct information: You must only submit to us or the Website information (whether Material, contact details or otherwise) which is accurate and not misleading and you must keep it up-to-date and inform us of any changes.
8.2 As a customer you agree to:
8.2.1 co-operate with us;
8.2.2 provide us with any information we reasonably require in respect of the Services from time to time;
8.2.3 report any faults or suspected faults with or in the Services to us immediately upon discovery;
8.2.4 report to us any abuse of the Internet (including spam, hacking and phishing) that you consider to have taken place through the use of the Services by any person, and you shall include in such report as much information as you are able to provide to us relating to the type of abuse that you have witnessed;
8.2.5 use your own login details for the Website and not impersonate any other person or adopt a false identity;
8.2.6 keep your password strictly confidential and secure, and immediately change your password if you know or suspect that any unauthorised third party becomes aware of your password or if you become aware of unauthorised use of your password or there is any other breach of security known or suspected by you;
8.2.7 maintain access to the Services through your Internet or telecoms service providers, and we are not responsible for any connections from your system to the Services;
8.2.8 be responsible for ensuring that you have the knowledge and expertise necessary to access and make use of the Services;
8.2.9 ensure that all Material is suitable and prepared for use in conjunction with the Services;
8.2.10 be responsible for ensuring that, and you hereby warrant and undertake to us that, your use of the Services and any Material:
(a) does not infringe the privacy rights or Intellectual Property Rights of any third party;
(b) does not harm us or bring us or our name into disrepute;
(c) is not for the purposes of sending spam or other unsolicited emails;
(d) is not for the purposes of breaching or circumventing the security of any network or Internet user;
(e) does not impose an unreasonable or disproportionately large load on our infrastructure or the Services (whether or not the Services have "unlimited" elements, such as in relation to Internet traffic or disk usage);
(f) does not interfere with another user's use of the Services or similar services;
(g) is not defamatory, obscene, abusive, malicious, indecent, harassing or discriminatory;
(h) conforms in all respects will all applicable laws, rules, regulations, bye-laws and codes of practice (including disability discrimination, intellectual property, privacy and data protection laws); and
(i) does not contain any material detrimental to us or any other user of the Services or similar services, including any viruses, trap doors, back doors, Trojan horses, time bombs, easter eggs, worms, cancelbots or other computer programming routines that are intended to detrimentally interfere with, damage, expropriate or surreptitiously intercept any system, data or personal information;
8.2.11 promptly comply with our reasonable requests from time to time in connection with this Agreement; and
8.2.12 ensure that the Services are sufficient and suitable for your purposes and meet your individual requirements.
8.3 You must not, whether yourself or in conjunction with anyone else:
8.3.1 manipulate Orders or transactions in ways that are unfair to us or other users of the Website and/or the Services; and
8.3.2 use or access the Website and/or the Services in contravention of any applicable law.
8.4 You warrant that any Material is owned by you. It is your responsibility to make sure that you have all necessary rights and consents relating to your use of the Material in conjunction with the Services.
8.5 You shall indemnify and hold us harmless against all liabilities, costs, expenses, damages and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach by you of Clauses 8.1, 8.2, 8.3, 8.4 or 8.6. This indemnity shall apply whether or not you have been negligent or at fault.
8.6 You are responsible for keeping regular and full backups of all Material. We shall have no Liability for any failure by you to backup any Material. If any Material is lost or corrupted for any reason and you do not have an appropriate backup, we will not be able to help you recover that lost or corrupted Material except to the extent that you subscribe for the Backup Services.
8.7 You are responsible to ensure that you have in place insurance in relation to any Material, including in relation to the loss or corruption of that Material.
8.8 You warrant that the Services will be used for the sole purposes of delivering website pages. Any account found not to be delivering website pages on the primary domain will be deemed non-compliant with the AUP herein and as such will be liable to suspension or possible termination at our discretion.
8.9 You acknowledge that the Services and any Material may not be used for the purpose of data warehousing such as (but not limited to) storage of backup or archival data, mirror sites, or personal multimedia content such as movies, music, photos or other media.
8.10 You acknowledge that the Services and any Material may not be used for the purpose of peer-to-peer file or media sharing, streaming, BitTorrent, Tor or other similar forms of data transmission.
8.11 You acknowledge that the Services and any Material may not be used for the purpose of providing or participating in a content delivery network.
8.12 We reserve the right to suspend our provision of the Services to you if your use of the Services is having a detrimental impact on our other customers. Suspension might happen if your website (in respect of which you use the Services):
8.12.1 has been hacked (such as through bugs in commonly-used software including WordPress);
8.12.2 contains malware;
8.12.3 is attacked (including by a denial of service attack); and/or
8.12.4 is badly coded;
8.12.5 is identified as sending out SPAM.
In all of these examples, your website might use excessive resource on our servers to the detriment of our other customers' use of the Services. Following the decision to suspend any Services, we will contact you with details of the suspension and invite you to remedy the situation. In such a situation, you are able to discuss what may be required for the Services to be reinstated by raising a support ticket in your Client Area (https://fdswebhosting.com/whmcs).
8.13 If the Customer fails to comply with the Acceptable Use Policy outlined in Section 8, FDS shall be entitled to withdraw the Services and terminate the Customer's account without notice. If an account has been suspended for 7 days or more FDS reserves the right to terminate the web hosting account without further notice. It is the responsibility of the customer to ensure that their website files are patched and fully up-to-date and that all passwords are secure. We reserve the right to amend any software/script installation, without notice or prior consultation, if we believe it poses a security risk or is liable to be detrimental to the running of the Services. If a customer has any concerns over their responsibility our systems team are happy to assist and can be contacted by raising a support ticket in your Client Area (https://fdswebhosting.com/whmcs).
Please note: in the event of the Customer breaking the Acceptable Use Policy and an account being terminated, FDS will offer no refund of web hosting fees.
9 ALTERATIONS AND UPDATES
All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform FDS and the password will be changed.
10.1 The Customer warrants and represents to FDS that FDS’s use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to FDS as set out in Clause 6.2.
10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, FDS shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.
11.1 The Customer agrees to indemnify and hold FDS and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against FDS arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.
12 LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions shall exclude or limit FDS’s liability for death or personal injury resulting from FDS’s negligence or that of its employees, agents or sub-contractors.
12.2 The entire liability of FDS to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
12.3 In no event shall FDS be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or FDS had been made aware of the possibility of the Customer incurring such a loss.
12.4 You agree that FDS will not be liable for any (1) suspension or loss of the Service(s), including, without limitation, domain name registration services, (2) use of the service(s), including, without limitation domain name registration services, (3) interruption of our services or interruption of your business, (4) access delays or access interruptions to our web site(s) or service(s) or delays or access interruptions you experience in relation to a domain name registered with us; (5) loss or liability resulting from acts of or events beyond our control (6) data non-delivery, mis-delivery, corruption, destruction or other modification; (7) the processing of an application for a domain name registration; (8) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; or (9) application of the dispute policy. You also agree that FDS will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed the total amount paid by you for the Service.
13 TERM AND TERMINATION
13.1 This Agreement will become effective on the date the Service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.
13.2 FDS shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.
13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
13.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
13.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
13.3.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
13.3.4 the other party ceases to carry on its business or substantially the whole of its business; or
13.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
13.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
13.5 On termination all data held in the Customer account will be deleted.
14.1 FDS may assign or otherwise transfer this Agreement at any time.
14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without FDS’s prior written consent.
15 FORCE MAJEURE
15.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
16.1 If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
17.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.
18 ENTIRE AGREEMENT
18.1 This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
19 GOVERNING LAW AND JURISDICTION
19.1 This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
20 DOMAIN NAME REGISTRATION, RENEWALS, INVOICES AND FEES
20.1 Domain names are not deemed to be successfully registered until they appear in the relevant WHOIS database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it FDS will provide a full refund for that domain name. Domain names are always registered in the name of the customer for which they are purchased. This is a custom order and once purchased the domain name cannot be changed and cannot be refunded. The domain obviously remains the property of the purchasing customer.
20.2 For customers who purchase hosting accounts sold with FREE domain names there is a minimum contract term of 12 months. If you decide to move your hosting or domain elsewhere inside the 12 month period, you will be subject to a one-off transfer fee of £14.95 which covers administration and set-up costs. Also, please note that some domains have restrictions regarding when transfers can be made. In the case of a TLD (.com, .org, .biz, .info, .name, .net) the domain name must not have been registered, renewed or transferred in the past 60 days.
20.3 Free domains can only be used in conjunction with a qualifying hosting purchase and can only be used with that qualifying hosting purchase. They will be renewed with the hosting package free of charge for the life of the hosting package provided the associated hosting package is renewed before or on the renewal date. We reserve the right to charge the full renewal price of any domain if the hosting package associated with it is not renewed on time. Current domain fees can be found on the website.
20.4 It is the responsibility of the Customer to ensure that domain renewals are paid promptly. FDS will invoice the Customer in good time to remind them of domain renewals and the cost of such. It is the responsibility of the Customer to ensure that contact details (especially email addresses) are kept up-to-date. FDS will use contact details held within the Customers' Client Account to contact them for renewal purposes. Domain renewal invoices should be paid promptly to avoid loss of service or even possibly domains.
20.5 If the Customer does not pay for the renewal of the domain it goes into an expired state. While in the expired state the domain and any associated web hosting will no longer work. A domain reactivation fee will be charged on the following scale:-
Up to 7 days - £4.95
>7 days up to 14 days £7.95
>14 days up to 21 days £9.95
>21 days up to 30 days £12.95
>30 days £14.95
If the domain remains expired for more than 40 days, it is possible that the domain may be released and resold on the open market. FDS are not responsible for the loss of any domain name due to Customer non-payment and the inability to reactivate the domain due to registrar conditions of renewal.
20.6 Web hosting products should be renewed by the renewal/expiry date. If a web hosting product is not renewed our automated system will place the account in a state of suspension. If the account remains suspended for 14 days then a late fee of 10% (or £2.50 minimum charge) will be added to the invoice. If the account remains suspended for 28 days then the account may be automatically terminated. Terminated accounts cannot be restored - all files, emails, etc will be deleted and cannot be recovered.
20.7 Invoices should be paid prior to or on the due date. FDS reserves the right to add late fees and reactivation fees to unpaid invoices. While the customer's account is in arrears in respect of any outstanding invoices FDS reserves the right to use any outstanding credit in the customer's client account to cover any such invoices. Customers may at any time add funds to their account which can be used against invoice payment.
20.8 Account reactivation fees will be applied if FDS closes a customer's account due to failure to pay due invoices and non-response to emails. FDS will deem that the customer no longer requires the account and will therefore close the account and any associated products will be suspended/terminated/deleted. Any account that is closed and then requires re-opening/reactivating with previously invoiced items will be liable for an account reactivation fee. This will only be applied where an account has been closed for more that 56 days. The standard fee for reactivation will be £14.95 - this is to cover administration costs involved in reactivating the account.
20.9 Please return to the main terms and conditions area of this website to view terms and conditions for individual domain name registrars.
21.1 The Service relating to our Domain registration and renewals will commence on the date we send you our acceptance confirmation. It will continue until:
we have registered the domain name you have requested and you subsequently ask us not to renew the registration of your Domain Name by logging into your Client Area (https://fdswebhosting.com/whmcs) and requesting the Domain Name be cancelled before the renewal date.
21.2 The Service relating to products other than our Domain registration service will commence on the date we send you our acceptance confirmation. They shall continue for the minimum period of time that applies to the Service you have purchased. After expiry of the minimum term, they will continue until terminated by informing us of your decision to cancel the Service by a clear statement (e.g. a letter sent by post, e-mail, through our support ticket system (https://fdswebhosting.com/whmcs) and providing thirty (30) days notice.
22 VPS SERVERS
22.1 Special terms apply for VPS Servers
22.2 VPS servers are provisioned on payment of order, once payment has been made the order cannot be cancelled until the minimum term has been fulfilled
22.3 the minimum term shall be 30 days
22.4 For cancellation of VPS services you will give us at least 7 days advance written notice through our support ticket system. As part of our cancellation process, we will respond to you through our support ticket system and you must re-confirm your cancellation request. You must re-confirm your cancellation request via our support ticket system or we will continue to supply the relevant Services and your cancellation will be ineffective. You cannot cancel any of your Services by letter, email or telephone. You will not receive any refund of the price you have paid for the Services you have cancelled.
22.5 VPS servers are totally self-managed which means FDS are responsible for server hardware; power and network availability; console access availability; control panel license availability; any additional work you request (chargeable at £25 per hour or part thereof). You, the customer, are responsible for all server software and performance; configuring hosting and email settings; securing your server; network configuration; installation of third-party modules and plug-ins.
Note: before ordering a VPS you should ensure that you or your representative has the necessary skills and expertise to set up and manage the server. FDS is not responsible for the customer purchasing a product that is not suitable for their needs - please see clauses 22.1-22.4 above. If you are in any doubt please make enquiries before purchase.
23.1 FDS are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.
24.1 To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
25 DATA TRANSFER
25.1 Where applicable, web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be suspended until you have upgraded to an account that has more data transfer included. If you are purchasing or have purchased a web hosting account which has unlimited data transfer, no deactivation of your account will take place unless you are in breach of item 25 below - in this instance your account will be unsuspended when bandwidth limits are reset.
25.2 Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.
26 SERVER USAGE
26.1 Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will, at our discretion, suspend your account and discuss with you alternative solutions for your hosting requirements.
27 AFFILIATE PROGRAMME
27.1 Commission earned via the affiliate programme (if in operation) will only be paid by using a valid direct debit/credit mandate on your account. It is the customers responsibility to ensure they have this facility. In the event of the customer not being able to obtain this facility then no commission will be paid.
28 EMAIL NEWSLETTER
28.1 FDS communicates with it’s customers via email and as such you agree to receive by email our regular newsletter which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our products & features and special offers.
29 WEBSPACE USAGE
29.1 Web space is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account.
30 MAIL BOXES
30.1 Mail boxes not accessed for 100 days or more will be deleted from the system.
31 INACTIVE WEB HOSTING ACCOUNTS AND CLIENT ACCOUNTS
31.1 If FDS deem that an account is inactive we reserve the right to suspend that account. Any accounts that have been suspended for more than 28 days are liable for termination. Inactive accounts are determined using the following criteria:-
account using no web space
account having no active email accounts
account domain not registered
account domain name not pointing to FDS nameservers
account domain DNS not set up
31.2 If FDS suspends an inactive account and subsequently terminates it after a period exceeding 28 days, the terminated account cannot be restored.
31.3 Client accounts having no active services (i.e. no web hosting products, add-ons or domains) will be terminated at regular intervals. No client data can be recovered from terminated accounts.
32 EBAY SALES - SPECIAL CONDITIONS
32.1 The Buyer takes responsibility for making sure the product purchased is suitable for their needs. The eBay Q&A section allows for dialogue to establish this - please use it.
32.2 Returns are accepted up to 30 days after purchase.
32.3 Refunds will be made in full where there has been an error in the listing and it does not match the item purchased.
32.4 Refunds where there has been no error in the listing and it matches the item purchased, we reserve the right to refund the original purchase price less any transaction fees associated with the sale (i.e. PayPal standard transaction fee and eBay listing/final value fees).
33 RESELLER WEB HOSTING
33.1 We do not offer Web Hosting Reseller services for sale on our website or on eBay. All of our web hosting packages are designed for individual/company use only. If you wish to sell web hosting we can offer you a bespoke reseller account on your own server - contact us for more information.
Terms and Conditions for Secure Image Hosting (Secure Pics)
Please note Secure Pics is a partner of FDS Web Hosting Services
Secure Pics (hereby referred to as The Provider) is happy to provide this secure image hosting service (hereby referred to as the service) with a limited set of Terms which we hope will enable all of our users (hereby referred to as the client) to enjoy a trouble-free service.
By use of the service the client agrees to be bound by these Terms of Service which may be varied at any time without prior notice.
Please be aware that The Provider will not vary these Terms of Service for the client under any circumstances.
On payment (if applicable) The Provider will supply the service to the client.
The service is provided as-is with no implied warranties of any kind. The Provider cannot be held responsible for the loss of data or other damages which may result from (lack of) functionality of the service.
The Provider will ensure that the content of the servers is backed up on a regular basis for its own purposes but no reliance on such backups should be placed by the client - the client should always have backups of any uploaded content.
Regarding the client content submissions, the client agrees they will not submit any content that:
- is adult oriented or offensive
- depicts any sexual act
- infringes any trademark, copyright or other proprietary rights of any party
- is unlawful, harmful, abusive, or defamatory
- is to be used in unsolicited advertising, promotional materials, or spam
- is illegal or in violation of any EU or International laws
Regarding the client content submissions, the client affirms that:
- they have the necessary licenses, rights, and permissions to use any content submitted to The Provider's service
- they have the written consent and release of each identifiable person in any content submission to use their name or likeness
The client retains all of your ownership rights to submitted content.
The client grants permission for the owners of the service to provide access to any content submissions the client chooses to share via the service and the client grants a non-exclusive license to access and share content submissions as permitted under these Terms of Service for as long as such content is hosted by The Provider.
The Provider reserves the right to suspend or terminate the client accounts that breach these Terms of Service.
The Providers reserves the right to remove any content found to be in breach of these Terms of Service or compromises the security of the service or uses excessive resources.
The Provider reserves the right to block users or websites from accessing the service without prior notice and for any reason.
While the administrators of the service will attempt to remove offending material as quickly as possible, it is impossible to review all submitted material. Therefore, all content is owned by and provided by the client and hence The Provider will not be held liable for any infringements.
The client agrees to indemnify and hold The Provider harmless from any liability, claims, damages and expenses, including legal fees, made by any third party due to or arising out of your use of the servers.