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Web hosting terms and conditions

Our web hosting terms and conditions govern what kind of content you can and can’t host on our servers.

1. Acceptable usage policy

The Acceptable Usage policy sets out the terms under which you may use the Web Hosting Services we provide. The use of our Hosting Services means that you accept, and agree to abide by all the policies stated below.

1.1 Website Content
1.1.1. The client agrees that web pages and files uploaded to servers will not violate any local, national or foreign laws or regulations; infringe on any intellectual property rights of McGregor Media Web Design or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to McGregor Media Web Design or any third party.
1.1.2. Customers may not run IRC, bots, or clients.
1.1.3. Unacceptable uses also include: bulk unsolicited emailing, unsolicited emailings, newsgroup spamming, child pornography, hardcore or softcore pornography or links to such sites, copyrighted music files, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers.
1.1.4. McGregor Media Web Design will be the sole and final arbiter as to what constitutes a violation of this policy.
1.1.5. McGregor Media Web Design does not normally monitor the contents of clients’ servers; however, if suspicion occurs, McGregor Media Web Design reserves the right to investigate and terminate the client’s subscription to the service without notice.

1.2 Spam
1.2.1. Unsolicited email or “spam” originating from a server located on our network or associated with a McGregor Media server is not tolerated.
1.2.2. This includes any email that promotes websites hosted on a server located on the McGregor Media Web Design network, but is sent from an email address not associated with that account.
1.2.3. The client shall not use their McGregor Media Web Design services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process.
1.2.4. McGregor Media Web Design reserves the right to deactivate or terminate any account upon any indication of such activity without notice.

1.3 Backups
1.3.1. McGregor Media Web Design takes a daily automated backup of all hosting accounts.
1.3.2. McGregor Media Web Design provides the tools needed to create backups of account data for hosting-only clients. It is the responsibility of the client to keep up-to-date archives of their backed up data.
1.3.3. Clients’ data is stored on a storage platform with hardware redundancy to protect against data loss through hardware failure but we are not responsible for data loss caused by Client error.

1.4 Unauthorised Scripts and Executables
1.4.1. The customer agrees not to run any scripts, executables, proxys or other programs or processes on McGregor Media Web Design’s servers that will any any way adversely affect the performance of said servers.

1.5 Unlicensed Software
1.5.1. The customer agrees only to use properly licensed third party software on McGregor Media Web Design’s servers.

1.6 Intellectual Property
1.6.1. The customer agrees that it shall not violate any intellectual property rights and that it shall not resell services to any party which violates intellectual property rights. McGregor Media Web Design are required by law to remove or block access to any content upon notice of copyright infringement.

1.7 Viruses and other Destructive Activities
1.7.1. Use of McGregor Media Web Design’s systems for creating or sending malicious, destructive or nuisance code, examples of which but are not limited to, viruses, worms, Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited and in breach of this agreement.

1.8 Child Pornography
1.8.1. The use of McGregor Media Web Design’s systems to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. We are required by law to notify the Police if we become aware of the presence of child pornography on, or being transmitted through our systems.

1.9 Data Warehousing
1.9.1. The servers provided by McGregor Media Web Design are intended for web services use only. Any user of our servers for file storage, data warehousing, backup data storage, mirror sites or any form of data file storage or management is prohibited.

1.10 Peer to Peer / File – Media Sharing / Streaming
1.10.1. The customer will not run services or software related to Peer to Peer file sharing, bit torrent or any website providing media or file streaming / sharing. Media streaming requires a specific apache setup, which we can only provide on a separate platform.

1.11 Other Prohibited Activities
1.11.1. Engaging in any activity that, at McGregor Media Web Design’s absolute discretion, disrupts, interferes or is harmful to our services, business, operations, reputation, customers or ability of our customers to use our service is prohibited.

2. Fees and Charges

2.1 Payment of Fees
2.1.1. Fees are payable in Pounds Sterling by the following methods: Credit or debit card – credit and debit card transactions are handled by Square. Bank deposit or transfer – our bank account details will be shown on your invoice. Please ensure you add your invoice number to the payment reference. Direct debit – direct debits are handled by Go Cardless. PayPal – please ensure you add your invoice number to the payment reference.
2.1.2. McGregor Media Web Design reserves the right to restrict payment methods without notice and without giving reason.
2.1.3. Full payment is required in advance, before the hosting service is established. For web design customers, your hosting is live as soon as it is paid for but your hosting period will not start until your site is launched.
2.1.4. Web hosting invoices will be based on your last hosting period – for example, if you purchased six months hosting, your renewal invoice will be for a further six months. The change your hosting period, please contact support and we will send an updated invoice. For clients paying annually, we will send an invoice to your registered email address no less than seven days before your hosting is due to expire. For clients paying monthly, we will send an invoice to your registered email address one day before your hosting is due to expire unless paying by direct debit, which will be no less than seven days in advance.

2.2 Non-Payment of Fees
2.2.1. Payment is due on or before your current hosting expiry date.
2.2.2. If payment is not made by 7 days after the expiry date we will suspend your hosting account and you will not be able to access your website or associated email accounts.
2.2.3. If payment still has not been made by 28 days after the expiry date, McGregor Media Web Design reserves the right to cancel the Client’s web hosting and delete any related files from the server.
2.2.4. By cancelling the Client’s web hosting or removing the web site from the internet, McGregor Media Web Design does not remove the Client’s obligation to pay any outstanding monies owing.

3. Cancellations and Refunds

3.1 Cancellations and Refunds
3.1.1. Should you wish to cancel during the first 14 days of your hosting, please let us know as soon as possible. Your hosting will be cancelled and we will refund your hosting charges. Please allow 10 working days for cancellations to be processed. If you need further information please contact us.

4. Interpretation

4.1 Jurisdiction
4.1.1. This Agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal action or claim arising from the contract between McGregor Media Web Design and the Client. The said contract is void where prohibited by law.

4.2 Survival of Contract
4.2.1. Where one or more terms of the said contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

4.3 Change of Terms and Conditions
4.3.1. These terms & conditions may change from time to time. The Client will be informed of revisions as and when they are issued. Web Hosting Terms and Conditions were last updated on 10 September 2019.

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