Terms & Conditions ...
ClickUtopia provides web page hosting, domain names, templates,
marketing, consultancy, research and developments. ClickUtopia has certain
legal and ethical responsibilities consisting with the use of our servers
and equipment involved in these services.
ClickUtopia general policy is to act as a provider of an internet presence
to customers. ClickUtopia has specific ethical concerns regarding the
use of its computers detailed below. ClickUtopia reserves the right
to suspend or cancel a customer's access to any or all services provided
by ClickUtopia when we decide that the account has been inappropriately
used.
Template Usage
a) You can use the templates on a single website only when purchased.
b) The templates can be used for your own use, or that of your clients.
c) You own a non exclusive license - others can also use the templates when they purchase the license.
d) If you wish to produce another site or project from the template, on a different domain name for example, you must purchase another license.
e) You can change the template any way you like to suit your needs.
f) You cannot put any of the templates, changed or unchanged, on an electronic (or other) medium and offer them for resale or redistribution of any kind.
g) You cannot sub-license, give, charge for, or transfer the template usage license to anyone else.
h) You cannot claim copyright, exclusive ownership to any of the templates, whether they are changed or unchanged.
i) All the templates are owned by independent graphic designers and varioius providers.
j) Our templates are sold "as is" without any warranty, expressed or implied.
k) We will not be liable for any damages including, and not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.
l) The templates can only be used when you host with us, unless we have authorised you otherwise via email.
Server abuse
Any attempt to undermine or cause harm to a server, or customer, of
ClickUtopia is strictly not allowed.
Unauthorized use of other people's accounts or computers is not allowed.
ClickUtopia will strongly react to any use or attempted use of an Internet
account or computer without the owner's authorization. Such attempts
include "internet scamming" (tricking other people into releasing
their passwords), password robbery, security hole scanning etc.
Any unallowed use of accounts or computers by a ClickUtopia customer,
whether or not the attacked account or computer belongs to ClickUtopia,
will result in action against the attacker. Possible actions include
warnings, account suspension or cancellation, and civil or criminal
legal action, depending on the seriousness of the attack.
Abuse of Unlimited Traffic
ClickUtopia's customers are privileged to be offered unlimited traffic
and for their web sites. The intention of ClickUtopia is to provide
a large space to serve web documents, not an offsite storage area for
electronic files. All (90%) of your web pages (html) must be 'linked'
with files (.GIF, .JPEG, etc.) stored on ClickUtopia's server. Web sites
that are found to contain either/or no html documents, a large number
of unlinked files are subject to warning, suspension or cancellation
at the discretion of ClickUtopia management. Any customer who violates
ClickUtopia's Policies in abusing either space/site transfer will be
notified and given 2 days to remedy the problem. If the problem is not
resolved within the allotted 2 day period, the client will be billed
for the overages.
To maintain the integrity of our service the following limitations
apply:
Sites with Banners, graphics or cgi scripts running from their domain
used on other domains. Sites with picture galleries (This is any site
where 50% of the files transferred is graphics) Sites offering download
files or archives. (This is any site where 50% or more of there monthly
traffic is from file downloads) Sites using more than 3030of system
resources
For those that do not qualify for the unlimited service, traffic will
go unmonitored until you reach 1GB per month. Thereafter, normal data
transfer cost of £10.00/1GB/month will be billed to your account.
ClickUtopia will be the sole arbiter as to what constitutes a violation
of this provision
Commercial advertisements / Spamming
with e-mail
Unsolicited commercial advertisements are not allowed in e-mail, and
will likely result in account suspension or cancellation.
Commercial advertisements are unwelcome in most Usenet discussion groups
and on most e-mail mailing lists. Inappropriate posting may result in
account suspension or cancellation. See the newsgroup or mailing list's
charter for whether advertising is allowed or not. "Spamming,"
or sending a message to many different off-topic newsgroups, is particularly
unethical and will be treated as such.
Sending a message, especially an advertisement, to more than five or
six recipients, is by itself spamming unless the individuals have specifically
requested to be added to a mailing list on that topic. E-mail is a person-to-person
medium, not a broadcast medium.
Chat Rooms
We do not allow clients to install their own chat rooms, without approving
it with the ClickUtopia support team. Most chat rooms tend to be large
system hogs and we cannot allow it as an account option.
Background Running Programs
We may allow programs to run continually in the background. These
are considered on a one-to-one basis and an extra charge will be incurred
based on system resources used and operational maintenance needed.
IRC
We currently do not allow IRC or IRC bots to be operated on our servers.
Payment Policies
All accounts are set up on a pre-pay monthly basis. Setup fees (if
any) may be charged for all new accounts and major account changes and
are non-refundable. All pricing is guaranteed for the term of pre-payment.
ClickUtopia reserves the right to change prices at any time, unless
other terms have been agreed upon. Any account not brought current within
a week (7 days) of e-mail notice or exceeding this time frame in any
way is subject to suspension. The customer is responsible for all money
owed on the account from the time it was established to the time that
the customer notifies ClickUtopia in writing for a request for termination
of services. Payment can be made in defined currencies.
Cancellation
ClickUtopia reserves the right to cancel service at any time. All
fees paid in advance of cancellation will be pro-rated and paid by ClickUtopia.
If ClickUtopia institutes it's right of cancellation, any violation
of policies which results in extra costs will be billed to the customer
(i.e. transfer, space etc.).
This policy does not apply to any additional services such as overages,
additional disk space, additional pop accounts, etc.
If you wish to cancel your account, due to security concerns, all cancellations
must be done in writing via UK mail or fax with a valid signature of
the primary contact of the account, account name, reason for cancellation.
Phone requests will not constitute acceptance of any cancellation. If
payment was made by check or bank transfer, a payment will be made by
a company check within 30 days of receipt of cancellation.
Lawful Purpose
ClickUtopia reserves the right to refuse service to anyone. Customers
may only use ClickUtopia server for lawful purpose. Transmission of
any material in violation of any County, National, Federal, State or
Local regulation is prohibited. This includes, but is not limited to
copyrighted material, material legally judged to be threatening or obscene,
and material protected by trade secrets. ClickUtopia expressly forbids
anyone from using ClickUtopia servers for the propagation, distribution,
housing, processing, storing, or otherwise handling in any way lewd,
obscene, or pornographic material, or any other material which we deem
to be objectionable, including, but not limited to, pornography, satanic
materials, and any and all materials of an adult nature. The designation
of any materials as such described above is left entirely to the discretion
of ClickUtopia management.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold ClickUtopia
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against ClickUtopia, its
agents, its customers, officers and employees, that may arise or result
from any service provided or performed or agreed to be performed or
any product sold by customer, it's agents, employees or assigns. Customer
agrees to defend, indemnify and hold harmless ClickUtopia against liabilities
arising out of; (1) any injury to person or property caused by any products
sold or otherwise distributed in connection with ClickUtopia's server;
(2) any material supplied by customer infringing or allegedly infringing
on the proprietary rights of a third party; (3) copyright infringement
and (4) any defective products sold to customer from ClickUtopia's server.
Disclaimer
ClickUtopia will not be responsible for any damages your business
may suffer. ClickUtopia makes no warranties of any kind, expressed or
implied for services we provide. ClickUtopia disclaims any warranty
or merchantability or fitness for a particular purpose. The includes
loss of data resulting from delays, non-deliveries, wrong delivery,
and any and all service interruptions caused by ClickUtopia and its
employees. ClickUtopia reserves the right to revise its policies at
any time.
Happy Xmas and
a prosperous new year to all our customers.
