Sublime Website Design

Terms of Service

Where the content states: "We"
includes Sublime Website Design or any party acting on implicit instructions.
"You" includes the person purchasing the services or any party
acting on the customer's instructions. "Member" includes the
purchaser of services or any party acting on the purchaser's instructions.
"The Registrant" includes the person applying for a domain
name or any party acting on the Registrant's instructions. "The
Registry" refers to the relevant domain names Registry. "Server"
means the computer server equipment in connection with the provision
of the Services. "Web Site" means the area on the Server allocated
by us to you for use by you as a site on the Internet. "TOS"
includes this agreement. Sublime Website Design reserves the right to
modify this policy at any time, effective immediately upon posting of
the modification to this URL: http://sublimewebsitedesign.co.uk/information/terms-of-service/
In consideration of the mutual covenants herein, the parties agree to
the following, which shall apply during the term of this agreement:

Website Design Service
Website package descriptions are available online at the Sublime Website Design Portal Home.
A non-refundable 20% deposit will become due on acceptance of a design package and shall be paid at the start of the project prior to any work commencing. The remaining 80% will become due on completion of your website. Any amounts owed shall be paid as soon as they become due.

1. Domain Name Registration

1.1 We make no representation that
the domain name you wish to register is capable of being registered
by or for you or that it will be registered in your name. You should
therefore not assume registration of your requested domain name(s) until
you have been notified that it has or they have been registered. Any
action taken by you before such notification is at your risk.

1.2 The registration and use of your
domain name is subject to the terms and conditions of use applied by
the relevant naming authority; you shall ensure that you are aware of
those terms and conditions and that you comply with them. You shall
have no right to bring any claim against us in respect of refusal to
register a domain name. Any administration charge paid by you to us
shall be non-refundable notwithstanding refusal by the naming authority
to register your desired name.

1.3 We shall have no liability in respect
of the use by you of any domain name; any dispute between you and any
other person must be resolved between the parties concerned in such
dispute. If any such dispute arises, we shall be entitled, at our discretion
and without giving any reason, to withhold, suspend or cancel the domain
name. We shall also be entitled to make representations to the relevant
naming authority but will not be obliged to take part in any such dispute.

1.4 We shall not release any domain
to another provider unless full payment for that domain has been received
by us.

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2. Web Site Hosting And Email

2.1 We make no representation and give
no warranty as to the accuracy or quality of information received by
any person via the Server and we shall have no liability for any loss
or damage to any data stored on the Server.

2.2 You shall effect and maintain adequate
insurance coverage in respect of any loss or damage to data stored on
the Server.

2.3 You represent, undertake and warrant
to us that you will use the Web Site allocated to you only for lawful
purposes. In particular, you represent, warrant and undertake to us
that:

2.3.1 you will not use the Server in
any manner which infringes any law or regulation or which infringes
the rights of any third part; nor will you authorize or permit any other
person to do so.

2.3.2 you will not post, link to or
transmit:

(a) any material which is unlawful,
threatening, abusive, malicious, defamatory, obscene, pornographic,
blasphemous, profane or otherwise objectionable as determined by Sublime
Website Design in any way.

(b) any material containing a virus
or other hostile computer program.

(c) any material which constitutes,
or encourages the commission of a criminal offence, or which infringes
any patent, trade mark, design right, copyright or any other intellectual
property right or similar rights of any person which may subsist under
the laws of any jurisdiction.

2.3.3 you will not send bulk email,
whether opt-in or otherwise, from our network. Nor will you promote
a site hosted on our network using bulk email.

2.3.4 you will not employ programs
which consume excessive system resources including, but not limited
to, processor cycles and memory. We do not host IRC, IRC bots, or other
server resource intensive programs.

2.3.5 If you surpass your allotted
disk/bandwidth usage as set forth in your purchased plan, you agree
to purchase the excess in blocks as set forth in our "plans"
section. Such payment to be immediate and non-disputable.

2.4 We reserve the right to remove
any material which we deem inappropriate from your web site without
notice. We do not host Warez, Underage Adult, Pornographic, or Copyrighted
MP3 content.

2.5 You shall keep secure any identification,
password and other confidential information relating to your account
and shall notify us immediately of any known or suspected unauthorized
use of your account or breach of security, including loss, theft, or
unauthorized disclosure of your password or other security information.

2.6 You shall observe the procedures
which we may from time to time prescribe and shall make no use of the
Server which is detrimental to our other customers.

2.7 Members utilizing free hosting
shall exclude themselves from promotions offered and afforded to paying
Members.

2.7.1 Members utilizing free hosting
shall display a banner as supplied by Sublime Website Design.

2.8 You shall procure that all mail
is sent in accordance with applicable legislation (including data protection
legislation) and in a secure manner.

2.8.1 Sending unsolicited mail messages,
including, without limitation, commercial advertising and informational
announcements, is expressly prohibited. A Member shall not use another
site's mail server to relay mail without the express permission of the
site.

2.8.2 It is contrary to Sublime Website
Design policy for Members to use our servers to effect or participate
in any of the following activities:

To post to any Usenet or other newsgroup,
forum, e-mail mailing list or other similar group or list articles which
are off-topic according to the charter or other owner-published FAQ
or description of the group or list.

To send mass e-mailings; whether unsolicited,
opt-in, or otherwise.

To engage in any of the foregoing activities
using the service of another provider, but channeling such activities
through a Sublime Website Design provided server, or using a Sublime
Website Design provided server as a mail drop for responses.

To falsify user information provided
to Sublime Website Design or to other users of the service in connection
with use of a Sublime Website Design service.

2.8.2(a) Consequences of Violation:

When Sublime Website Design becomes
aware of an alleged violation of its Acceptable Use Policy, Sublime
Website Design will initiate an investigation. During the investigation
Sublime Website Design may restrict Member's access in order to prevent
further possible unauthorized activity. Depending on the severity of
the violation, Sublime Website Design may, at its sole discretion, restrict,
suspend, or terminate Member's account and/or pursue other civil remedies.
If such violation is a criminal offense, Sublime Website Design will
notify the appropriate law enforcement department of such violation.

2.8.2(b) You shall be held liable for
any and all costs incurred by Sublime Website Design as a result of your
violation of these terms and conditions. This is including, but is not
limited to, attorney fees and costs resulting from Postmaster responses
to complaints from and the cleanup of unsolicited commercial mailings
and/or unauthorized bulk mailings and/or news server violations. Sublime
Website Design’s current hourly rate for Postmaster responses to complaints
and cleanup of unsolicited commercial mailings and/or unauthorized bulk
mailings and/or news server violations is US $100 per hour, with a minimum
one (1) hour charge, plus US $1 for each bulk-email or Usenet message
sent, plus US $1 per complaint received. Server maintenance fees of
$85 per hour.

2.8.3 Sublime Website Design does not
issue service credits for any outages incurred through service disablement
resulting from Policy violations.

2.9 Any access to other networks connected
to Sublime Website Design must comply with the rules appropriate for
those other networks

2.10 While we will use every reasonable
endeavor to ensure the integrity and security of the Server, we do not
guarantee that the Server will be free from unauthorized users or hackers
and we shall be under no liability for non-receipt or misrouting of
email or for any other failure of email.

2.11 You may cancel the Services at
any time by logging into the Ticket Desk Support System (for verification)
and requesting cancellation of services.

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3. Service Availability

3.1 We shall use our reasonable endeavors
to make available to you at all times the Server and the Services but
we shall not, in any event, be liable for interruptions of Service or
down-time of the Server.

3.2 We shall have the right to suspend
the Services at any time and for any reason, generally without notice,
but if such suspension lasts or is expected to last for more than 7
days you will be notified of the reason. As a reseller or sub-client,
it is your responsibility to take care of backup for sites that may
be yours or ones under you. We also reserve the right to disallow services/hosting
to any client as we feel necessary and hold no liability. Also please
note that we do not offer any sort of compensation on our network uptime
guarantee.

3.3 The Services provided to you hereunder
and your account with us cannot be transferred or used by anyone other
than you. No more than one log-in session under any one account may
be used at any time by you. If you have multiple accounts, you are limited
to one login session per system account at any time; user programs may
be run only during log-in sessions. If your account is found to have
been transferred to another party, or shows other activity in breach
of this sub clause, we shall have the right to cancel the account and
terminate the Services and/or this Agreement immediately.

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4. Payment

4.1 All charges payable by you for
the Services shall be in accordance with the scale of charges and rates
published from time to time by us on our web site and shall be due and
payable in advance of our service provision. We reserve the right to
change pricing at any time although all pricing is guaranteed for the
period of pre payment.

4.2 Payment is due each anniversary
month, quarter or year following the date the Services were established
until closure notice is given. If you choose to pay by credit or debit
card you authorize Sublime Website Design to debit your account renewal
fees from your card.

4.3 All payments must be in US Dollars.

4.4 If your check is returned by the
bank as unpaid for any reason, you will be liable for a "returned
check" charge of $45.

4.5 Without prejudice to our other
rights and remedies under this Agreement, if any sum payable is not
paid on or before the due date, we shall be entitled forthwith to suspend
the provision of Services to you.

5. Termination

5.1 If you fail to pay any sums due
to us as they fall due, we may suspend the Services and/or terminate
this Agreement forthwith without notice to you.

5.2 If you break any of these terms
and conditions we may suspend the Services and/or terminate this Agreement
forthwith without notice to you.

5.3 If you are a company and you go
into insolvent liquidation or suffer the appointment of an administrator
or administrative receiver or enter into a voluntary arrangement with
your creditors, we shall be entitled to suspend the Services and/or
terminate this Agreement forthwith without notice to you.

5.4 No refunds will be made for Services
suspended in accordance with 5.1, 5.2 and 5.3.

5.5 We reserve the right to suspend
the Services and/or terminate this Agreement at any time. In the event
of this You will a be entitled pro rata refund based upon the remaining
period of membership.

5.6 You may cancel the Services at
any time by logging into the Ticket Desk Support System (for verification)
and requesting cancellation of services.

5.7 During the first 30 days of Services,
You are entitled to a refund of fees paid with the exclusion of domain
name registration, dedicated server, data transfer fees, and excessive
support requests should you decide to cancel the Services for just cause.
Sublime Website Design shall be the sole arbitrator as to the validity
of your claim of just cause. And will subtract the aforementioned fees
from any monies due you.

5.7.1 During the first fourteen days
of service you are entitled to a full, no questions asked refund excluding
as set forth in sections 5.7, 5.7.2, 5.7.3, and 12.5; as well as exclusions
listed in section 2 above. For the remaining time your refund will be
prorated and factored at the full discretion of Sublime Website Design.

5.7.2 Partner Plans (Resellers) are
eligible for above refund minus usage fees; if such use has been deemed
excessive at the discretion of [WEBHOST]. Such accounts are often more
resource intensive than standard shared hosting accounts and, therefore,
do not qualify under our standard 30 day guarantee details.

5.7.3 You will not be entitled to a
refund on these basis if you have previously had an account with Sublime
Website Design under any plan or service.

5.7.4 Allow 30 (thirty) days for refund
payments to process. If you have not received refund within this time
allotment; please contact us.

5.8 Where payment has been made by
credit or debit card, any refund will only be issued to the same credit
or debit card.

5.9 On termination of this Agreement
or suspension of the Services we shall be entitled immediately to block
your Web Site and to remove all data located on it.

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6. Indemnity

6.1 You shall indemnify us and keep
us indemnified and hold us harmless from and against any breach by you
of these terms of business and any claim brought against us by a third
party resulting from the provision of Services by us to you and your
use of the Services and the Server including, without limitation, all
claims, actions, proceedings, losses, liabilities, damages, costs, expenses
(including reasonable legal costs and expenses), howsoever suffered
or incurred by us in consequences of your breach or non-observance of
this Agreement.

7. Limitation Of Liability

7.1 All conditions, terms, representations
and warranties relating to the Services supplied under this Agreement,
whether imposed by statute or operation of law or otherwise, that are
not expressly stated in these terms and conditions including, without
limitation, the implied warranty of satisfactory quality and fitness
for a particular purpose are hereby excluded, subject always to sub
clause.

7.2 Nothing in these terms and conditions
shall exclude our liability for death or personal injury resulting from
our negligence.

7.3 Our total aggregate liability to
you for any claim in contract, tort, negligence or otherwise arising
out of or in connection with the provision of the Services shall be
limited to the charges paid by you in respect of the Services which
are the subject of any such claim.

7.4 In any event no claim shall be
brought unless you have notified us of the claim within one year of
it arising.

7.5 In no event shall we be liable
to you for any loss of business, contracts, profits or anticipated savings
or for any other indirect or consequential or economic loss whatsoever.

7.6 You are responsible for monitoring
Bandwidth and Disk space usage of your site. This is easily done from
your Control Panel. If you go over the amount indicated in your current
plan; you will assessed a surcharge as set forth in our pricing structure.

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8. Notices

8.1 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
ancillary application forms 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 two days following the date of
posting.

9. Support

9.1 On our site you will find links
to all the information to get your web site up and running. All information
pertaining to your account should have been included in the Welcome
Letter you received when we created your account. If you did not receive
a welcome letter email, please contact our Support Team. There are several
reasons an email may not reach you; first and foremost is if the domain
you have contracted services for is the same domain your welcome email
was sent to.

9.2 The support feature of our service
at present time consists of our Support System solving server related
problems only.

9.2.1 If you require support for your
scripting, there are several online tutorials available we can help
you find. You may purchase our technicians' services at the rate of
$80 per hour, with one half hour minimum billed. We reserve the right
to wave this fee at any time.

9.3 Support can only be addressed in
English through our Support System.

9.4 All Support requests are to be
processed through our Support System. Any other request for support,
except as noted in Section 9.5, will be considered a breach of our TOS.

9.5 In the event of a server outage
or other such emergency, you are free to contact us in any manner.

10. Law

10.1 This Agreement shall be governed
by and construed in accordance with United States law and the laws governing
the state of Michigan. You hereby submit to the non-exclusive jurisdiction
of the U.S. courts.

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11. Headings

11.1 Headings are included in this
Agreement for convenience only and shall not affect the construction
or interpretation of this Agreement.

12. Torturous Conduct

12.1 No one shall post defamatory,
scandalous, or private information about a person without their consent,
intentionally inflicting emotional distress, or violating trademarks,
copyrights, or other intellectual property rights.

12.2 Any abuse towards any Sublime
Website Design employee will not be tolerated. You are expected to request
and respond to support and other issues in a professional manner. When
emailing Sublime Website Design or utilizing the Ticket Desk Support
System, refrain from using caps, exclamation points, and other forms
of written yelling. Any cursing, yelling, or further intentional disruptive
behavior aimed at Sublime Website Design or it's employees shall be considered
a violation of this TOS.

12.3 Any threat; whether verbally,
orally, written, or delivered by second parties directed towards Sublime
Website Design or any of it's employees, partners, equipment, and concerns
shall be construed as a violation of this TOS.

12.4 Any conduct viewed as violating
this section shall be considered a violation of this TOS. Sublime Website
Design will be the sole arbitrator in regards to what is deemed a violation.

12.5 No refunds shall be given when
the contents of this section necessitates removal of the account.

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13. Cancellation of Services

13.1 You may cancel the Services at
any time by logging into the Ticket Desk Support System (for verification)
and requesting cancellation of services.

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14. Entire Agreement

14.1 These terms and conditions together
with any documents expressly referred to in them, contain the entire
Agreement between us relating to the subject matter covered and supersede
any previous Agreements, arrangements, undertakings or proposals, written
or oral: between us in relation to such matters. No oral explanation
or oral information given by any party shall alter the interpretation
of these terms and conditions. In agreeing to these terms and conditions,
you have not relied on any representation other than those expressly
stated in these terms and conditions and you agree that you shall have
no remedy in respect of any misrepresentation which has not been made
expressly in this Agreement.

14.2 Sublime Website Design reserves
the right to amend these TOS at any time.

14.3 It is your responsibility to check
these Terms of Service on occasion for any such amendments.

15. Freedom to use these Terms

15 You (anyone viewing this page) are
free to use these terms as a template for writing your own. Please have
it reviewed by a local attorney to make certain it conforms with your
applicable laws. You will also wish to confirm that the terms you create
using this form as a template conform to your upstream provider.

15.1 Sublime Website Design releases
rights to this document text to the reader, free of encumbrance. Except
as noted in this section (15.3).

15.2 In no form can you hold Sublime
Website Design responsible for any and all actions arising out of your
use of these terms as your own.

15.3 If you choose to use these terms
as your own, this section (15) must remain intact of content; save for
our name. You agree to let others use these terms as a guide.

15.4 Our release of this text material
in no way assigns rights of any images viewed herein.

PRINTABLE VERSION OF TERMS OF SERVICE
READ THE PRINTABLE AUP ACCEPTABLE USAGE POLICY
READ THE PRINTABLE PRIVACY POLICY