ERNEHALE WEB SOLUTIONS TERMS OF TRADE

Please read these Terms and Conditions before placing your order. All dealings with Ernehale Web Services (hereafter may be referred to as Ernehale Web Solutions, Ernehale or the Company) are subject to UK law. We reserve the right to amend and update these Terms and Conditions at any time without prior notice. The request for any service offered by Ernehale Web Solutions constitutes acceptance of these terms of trade.

THE ACCOUNTS

All Ernehale Web Solutions hosting accounts run for a period of 12 months and are payable in advance in one payment. This is not refundable should the client decide to transfer their domain to another host part way through the year.

There is no charge for domain name transfer. Domain name registration including 2 or 5 years naming authority fees is payable at the time of ordering and is non-cancellable and non-refundable.

On ordering a domain name, client agrees to the terms and conditions as set out by the particular Naming Registry. Registration of a .com, .net, .org, .biz or .info domain name constitutes acceptance of the terms and conditions of the Bulk Register Registration Agreement.

Nominet UK Terms.
BulkRegister Registration Agreement.
Uniform Domain Name Dispute Resolution Policy.
.biz - Neulevel Policies.

On ordering a hosting account, client agrees to these terms and conditions.

Ernehale Web Solutions reserve the right to change prices at any time. The current prices shall be published at all times at the Ernehale Web Solutions Web Site.

All pricing is guaranteed for the term of the payment. All pricing is in UK Sterling. To reduce costs cheques are the only accepted method of payment. They can only be accepted in UK Sterling and should me made payable to N. J. Stevenson. Ernehale Web Services has the right to decline or rescind any order.

Accounts will go live once your payment has been made and all funds are clear at the bank.

ACCOUNT RENEWAL

To renew a yearly account payment must be made before the start of the next account year.

Invoices for renewal of hosting accounts will be sent out via email 3 - 4 weeks before payment is due.

All bills and invoices are sent by email. At all times the Client must specify a communications address, which should be an email address, if available, or a mailing address to which Ernehale Web Solutions may send all invoices, notices or other forms of communication, (particularly in an emergency). Should the Client fail to notify Ernehale Web Solutions immediately of any change in particulars then Ernehale Web Solutions shall not be liable for any loss to the Client arising from any such failure.

If the renewal is not paid when it becomes due, on or before the last day of the client's account year and at least 2 requests for payment have been sent out to the client's last notified communications address, then the account will be closed and the domain will be deleted from our servers.

CANCELLATION

All transfer and cancellation requests must come from the account holder who shall provide sufficient customer identification information by fax to Ernehale Web Solutions.

Ernehale Web Solutions reserve the right to suspend or cancel a customer's access to any or all services at any time without notice.

If we cancel an account due to, in our opinion, the account being inappropriately used then no refund of monies will be due.

SERVER USE

All sites may be used for personal and commercial use but the client is responsible for the content of their pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate any laws.

Ernehale Web Solutions do not put adverts on client's websites. Account holders are not permitted to resell or give away any of their webspace or any service provided by Ernehale Web Solutions or permit anyone to use their account in any way that may be in breach of these terms and conditions.

Clients accept that server downtime, whether for system upgrades or any other reason, may occur and there will be no compensation paid for any period of downtime in any event.

We do not allow adult material, foul or abusive language, Warez, illegal MP3 sites, Slander / Libel, impersonations, promotion of violence or terrorism, racial / sexual / political discrimination or other services we deem inappropriate.

The designation of "adult material" is left entirely to the discretion of Ernehale Web Solutions and includes pornography and escort agencies.

Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources.

Sites with archives of image files or other files for download that may put a serious drain on server resources are also not permitted.

Accounts that use excessive amounts of system resources that result in degradation of server performance will be subject to suspension or deletion at our discretion.

We police our sites regularly and any in breach of these terms and conditions will be removed from our servers.

BANDWIDTH

If your traffic exceeds that allowed then a charge may be levied, until your bandwidth usage is reduced. If an excessive bandwidth levy is not paid within 2 weeks of the invoice being sent then the account will be cancelled and no refund will be paid. The current excess bandwidth charge is £8 per gb or part thereof per month.

PASSWORDS/USER ID

It is your responsibility to ensure that your password(s) and username are kept safe. You must not divulge the password(s) to any other person except your web designer or web consultant, and you should take reasonable precautions to ensure that they are not discovered by anyone else.

EMAIL/FORM MAIL

Clients must not participate in any form of unsolicited bulk e-mailing or spam. We do not allow use of the formmail script prior v1.91, including the popular version 1.6, due to the hole in that script allowing spammers to send their mail using our mail servers. Users of formmail who have an insecure version should upgrade immediately.

BACK UP & SUPPORT

Data stored on our servers is not guaranteed to be backed up. It is recommended that you keep backups of all data stored on your virtual server.

Support is by email only. We endeavour to reply to all email within 24 hours.

INDEMNIFICATION

The Customer agrees that it shall defend, indemnify, save and hold Ernehale Web Solutions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Ernehale Web Services, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Ernehale Web Solutions against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Ernehale Web Solutions servers; (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 Ernehale Web Solutions servers.

DISCLAIMER

Ernehale Web Services will not be responsible for any damages or losses your business may suffer. Ernehale Web Solutions makes no warranties of any kind, expressed or implied for services we provide. Ernehale Web Solutions disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Ernehale Web Solutions and its employees. These Terms and Conditions do not affect your statutory rights. Any account in breach of these Terms and Conditions, determined solely at Ernehale Web Solutions discretion , shall be removed from our servers. Ernehale Web Solutions reserves the right to revise its policies at any time