The use of services from Hampshire Web Design, constitutes agreement to these terms.

1: Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Transfers

Our transfer’s team will make every effort to help you move your site to us; however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best; however, in some cases we may be unable to assist you in a transfer of data from an old host.

2: Content

All services provided by Hampshire Web Design may only be used for lawful purposes. The laws of your governing country apply.

The customer agrees to indemnify and hold harmless AnsUK from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account.

• IRC Bots
• Proxy Scripts / Anonymizers
• Pirated Software / Warez, ".img" / image hosting only sites that do not host an actual domain name
• Escrow, High-Yield Interest Programs(HYIP) or related sites
• Investment sites (FOREX, egold exchange)
• Auto Surf sites
• Bank Debentures
• Bank Debenture Trading Programs
• Prime Banks Programs
• Lottery sites
• Mud's / RPG's
• Hate sites
• Hacker focused sites/archives/programs, or sites promoting illegal activities.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service please contact us and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as usernames and passwords.

It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3: Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice and all data in their account will be lost.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or Usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP racks being blacklisted will be immediately suspended and/or terminated.

Hampshire Web Design reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at our discretion.

4: Payment Information

You agree to supply appropriate payment for the services received from Hampshire Web Design, in advance of the time period during which such services are provided. You agree that until and unless you notify Hampshire Web Design of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing by submitting a support ticket to the Cancellations Department. Hampshire Web Design reserves the right to change the monthly payment amount and any other charges at anytime, however we operate a “price freeze” guarantee which will ensure that your package price will not increase during the current year you are with us. On the second year, if our prices have increased you will be required to pay the new amount. When purchasing services on a yearly contract such as Ecommerce Packages and SSL certificates you may cancel your contract at any time, however pro-rata refunds will not be provided.

Standard hosting accounts are contracted on a month by month basis unless you have chosen to pay yearly. If paying yearly a pro-rata refund may be provided solely at our discretion.

When you first set up your account with us you will be given the option to pay manually or by subscription. If you choose to pay us each month manually you are expected to pay us on or before your invoice due date. If payment is not received by your invoice due date you will be charged £1.00 per day your account is over due.

5: Backups and Data Loss

Your use of our services is at your sole risk. Hampshire Web Design is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.

We provide the ability for you to backup the entire contents of your server package with us through your Control Panel and we advise that you take a weekly backup of your server contents to ensure against any data loss. We strongly recommend that you also take a backup via FTP by copying all files to your PC, this includes any databases you have in use.

6: Cancellations and Refunds

Hampshire Web Design reserves the right to cancel your account at any time with or without notice if these terms have been broken.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at the end of their yearly contract (for Ecommerce customers), or at the end of their billing month (for hosting only customers). We do not provide refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us

Violations of the Terms of Service will waive the refund policy.

Cancellations must be done in writing by submitting a support ticket to the Cancellations Department. If a cancellation is requested the account will be terminated within 24 hours of the notice being received. It is strongly recommended that you take a full backup of all data before requesting a cancellation as all data will be lost once the cancellation is processed.

7: CubeCart™ Hosting

While we now offer dedicated CubeCart hosting you understand that Hampshire Web Design is neither connected to or affilliated with Devillion Ltd, the makers of CubeCart™.

As such we simply provide suitable servers to run CubeCart™ but we do not support it. If you require support for CubeCart™ you must contact Devillion Ltd directly through their website or their support forums.

8: Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9: Sponsored Hosting

From time to time we offer Sponsored hosting accounts.
These accounts are limited in availability and are provided on a 'first come first serve' basis. In addition to these standard terms, the following also apply:

• A selection of banners, including the relevant html code have been provided for your usage. One of these banners must be present and in a prominent position on your website. This should be the index page, the page first seen by your visitors. A landing page will not be accepted.
• Your website must contain legal content as laid out in these terms.
• Your website must receive traffic from legitimate visitors. Websites setup for advertising revenue will not be accepted.
• Only one account is available per customer.
• You must use the account. Persons who sign up for an account and do not use it will have their account terminated after 7 days of no activity.
• These accounts are subject to review every month.

10: Indemnification

Customers agree that they shall defend, indemnify, save and hold Hampshire Web Design nor AnsUK IT Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against AnsUK IT Ltd, 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 AnsUK against liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with AnsUK IT Ltd.
(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 customers from AnsUK IT Ltd's servers.

10a: Arbitration

By using any AnsUK services, you agree to binding arbitration. If any disputes or claims arise against AnsUK or its subsidiaries, such disputes will be handled by an arbitrator of AnsUK's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

11: Disclaimer

Hampshire Web Design and AnsUK IT Ltd will not be held liable for any losses or damages caused by or related to use or loss of our service including but not limited to downtime, loss of data or lack of backups. Our backups are not intended to replace your backup procedures. If your account holds important data then it is your sole responsibility to ensure its integrity and backup reliability as necessary. We disclaim any warranty, fitness for purporse or service level agreement exceeding our Service Level Agreement as stated earlier in this document.

12: Free Downloads

Any free downloads provided are not supported by Hampshire Web Design and are used at your own risk. Should a support issue arise you should contact the developer of such software/products for support. Hampshire Web Design will not be held responsible for any issues relating to such items.

13: Disclosure to law enforcement

Hampshire Web Design may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.We will cooperate fully with law enforcement agencies.

14: Adult Content

Legal adult content as defined by UK law is permitted on our servers. If you have any questions relating to adult content and whether the content of your website would be permitted on our servers, please contact us for further clarification.

15: DCMA Act (Digital Millennium Copyright Act)

It is our policy to respond to clear notices of alleged copyright infringement. If it is brought to our attention that content held on our servers are in breach of the DCMA Act the content will be immediately removed and a warning issued to the account holder. If a second breach is given then the account in question will be terminated and you will be given 24 hours to remove all of your data from our servers. Once this time has passed all content will be deleted and will be un retrievable.

We reserve the right to revise its policies at any time without notice.