Web Hosting Terms & Conditions

Tann Westlake Limited

Registration number 04383319. Registered office: Smalls Hill Farm, Smalls Hill Road, Leigh, Surrey, RH2 8QB.

All services provided by Tann Westlake Limited may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United Kingdom Laws. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Tann Westlake Limited from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to Tann Westlake Limited’s servers, or any other server on the Internet. Links to such materials are also prohibited. Examples of unacceptable content or links:

• Pirated software
• Hacker programs or archives
• Warez sites

Notice: If your account is found to contain illegal activity, illegal mp3 files, pirated software, hacker programs, warez programs, or any other illegal files, your account will be terminated immediately, without notice, and a £1,000.00 cancellation fee will apply. Additionally, Tann Westlake Limited will notify the proper authorities of your actions.

Traffic usage

All Tann Westlake Limited shared hosting account plans come with an unlimited amount of bandwidth. However, we monitor all accounts and reserve the right to exercise a fair usage policy. Accounts that are deemed to be using an unreasonable amount of bandwidth may be subject to additional charges. Prices are from £5.00 + VAT for each GB of traffic each month.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Server abuse

Any attempt to undermine or cause harm to a server or customer of Tann Westlake Limited is strictly prohibited. As our client, you are responsible for all your accounts. Should you violate the Terms and conditions outlined within your account will be cancelled without chance of a refund.

Refusal of service

We reserve the right to refuse, cancel or suspend service, at our sole discretion. All sub-networks, distributive hosting sites and dedicated servers of Tann Westlake Limited must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Annual billing

By the Hosting Activation Date of each year, Tann Westlake Limited shall invoice the client by email for a 12 month hosting fee. Payment must be made in full by the payment due date specified on the invoice to the bank account listed on the invoice.

Billing terms

Tann Westlake Limited shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction and that the payment is made by the payment due date specified on the invoice. In the event that a client fails to make payment by the payment due date, we will send an email notification requesting immediate payment. If we do not receive a response within 7 days we reserve the right to remove the website from our servers.

Money back guarantee & refund policy

We do not generally refund cancelled yearly or monthly contracts. For example, if your contract is yearly and you request a refund after 10 months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of Acceptable use policy violations, any and all refunds are forfeit.

Cancellation period

We will offer a full refund on shared hosting charges for any cancellation requests within 14 days of the hosting live date. This does not include refunds on dedicated servers, any configuration or set-up fees and only the annual shared hosting fee.

Cancellation refunds

We do not refund partial monthly or yearly fees to accounts. We require 30 days notice for a cancellation of hosting services.

Refusal of service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of liability

Tann Westlake Limited shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Tann Westlake Limited’s servers going offline or being unavailable for any reason whatsoever. Furthermore, Tann Westlake Limited shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Tann Westlake Limited‘s servers. All damages shall be limited to the immediate termination of service.

Violations

Violations of these Acceptable use policies should be referred to info@tannwestlake.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

Tann Westlake Limited cannot be held liable for system downtime, crashes or data loss. We cannot be held liable for any predicted estimate of profits which a client would have gained if their site was functioning. Certain services provided by Tann Westlake Limited are resold. Thus, certain equipment, routing, software and programming used by Tann Westlake Limited are not directly owned or written by Tann Westlake Limited. Moreover, Tann Westlake Limited holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Tann Westlake Limited sees fit.

Account activation

By activating your account with Tann Westlake Limited, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

Notice: If you pay for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by email or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server uptime guarantee

Although Tann Westlake Limited has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously and are rarely down except for scheduled maintenance and hardware and software upgrades.

Tann Westlake Limited reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Acceptable Use Policy

As a provider of website hosting and other Internet-related services, Tann Westlake Limited offers its clients (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Tann Westlake Limited respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Tann Westlake Limited reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Tann Westlake Limited has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using Tann Westlake Limited’s services. This AUP will be revised from time to time.

 

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Tann Westlake Limited cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Tann Westlake Limited cannot monitor or censor the Internet, and will not attempt to do so, Tann Westlake Limited cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that Tann Westlake Limited does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Tann Westlake Limited’s network and may reach a large number of people, including both subscribers and non-subscribers of Tann Westlake Limited, subscribers’ postings to the Internet may affect other subscribers and may affect Tann Westlake Limited’s goodwill, business, reputation or operations. For these reasons, subscribers violate Tann Westlake Limited policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming

Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Tann Westlake Limited, but also because it can overload Tann Westlake Limited’s network and disrupt service to Tann Westlake Limited’s subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Tann Westlake Limited will investigate and shutdown the account that is Spamming. A £1,000.00 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Tann Westlake Limited reserves the right to prosecute for this violation. A £1.00 charge will be assessed per email sent should Tann Westlake Limited choose to pursue and prosecute.

Adult-oriented content

Tann Westlake Limited does not allow adult content and will suspend/terminate any offending account.

Large file policy

Tann Westlake Limited is not for file hosting and distribution – as such, customers may not host any files larger than 100MB in size that is observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail info@tannwestlake.com.

Obscene speech or materials

Using Tann Westlake Limited’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Tann Westlake Limited is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or abusive language

Using Tann Westlake Limited’s network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of headers

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or unauthorised access to other computers or networks

Accessing, illegally or without authorisation, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of internet viruses, worms, Trojan horses or other destructive activities

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a violation of this AUP

Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export control violations

Exporting encryption software over the Internet or otherwise, to points outside the United Kingdom.

Usenet groups

Tann Westlake Limited reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other illegal activities

Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other activities

Engaging in activities, whether lawful or unlawful, that Tann Westlake Limited determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Tann Westlake Limited will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Tann Westlake Limited’s policy or applicable law. However, when Tann Westlake Limited becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a website, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Tann Westlake Limited.

Tann Westlake Limited is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Tann Westlake Limited’s facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Tann Westlake Limited does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Tann Westlake Limited reserves the right to directly take action against a customer of its subscribers. Also, Tann Westlake Limited may take action against the Tann Westlake Limited’s subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Tann Westlake Limited anticipates that subscribers who offer Internet services will cooperate with Tann Westlake Limited in any corrective or preventive action that Tann Westlake Limited deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Tann Westlake Limited policy.

Tann Westlake Limited will not intentionally monitor private electronic mail messages sent or received by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Tann Westlake Limited may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Tann Westlake Limited may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Tann Westlake Limited assumes no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Tann Westlake Limited may disclose subscriber information or information transmitted over its network where necessary to protect Tann Westlake Limited and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Tann Westlake Limited will never sell information to other services or outside companies.

Tann Westlake Limited expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate Tann Westlake Limited policy. Finally, Tann Westlake Limited wishes to emphasise that, in accepting these Terms and Conditions, subscribers indemnify Tann Westlake Limited for any violation of the Terms and Conditions, law or Tann Westlake Limited policy resulting in loss to Tann Westlake Limited or the bringing of any claim against Tann Westlake Limited by any third party. This means that, if Tann Westlake Limited is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against Tann Westlake Limited, plus costs and reasonable legal fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Tann Westlake Limited and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to info@tannwestlake.com.