By commissioning WEBCASTLE to provide your website services, including, but not limited to, web design, development, web hosting, domain registrations and search engine marketing, you are agreeing to the terms and conditions set out below and accept these terms as binding, if you have any questions please contact us.

In order to provide an efficient and reliable service, it is important for us to responsibly state the acceptable uses of our services. The information relates to WEBCASTLE servers run by WEBCASTLE.

For resellers, these 'acceptable uses' are also extended to your customers.

The first and most important thing to note is that:
BY LOGGING INTO YOUR ACCOUNT IT IS UNDERSTOOD THAT YOU HAVE READ AND AGREE TO OUR TERMS OF SERVICE, WE CANNOT ACCEPT ANY RESPONSIBILITY FOR ANY LOSS OF BUSINESS WHICH MAY OCCUR FROM SERVICES BEING CANCELLED AS A RESULT OF INFRINGEMENT OF THESE TERMS.

WEBCASTLE provides web hosting to numerous clients which means that we have a responsibility to protect each client and to provide the best services available.

The following guidelines were established to ensure these crucial obligations are met.

These Policies, Guidelines, and Disclaimer are intended for all domains residing on WEBCASTLES servers including regular hosting clients, resellers, and their clients.

We ask that all clients reselling our hosting services in any way, including those providing non-virtual hosting services, implement these same Policies, Guidelines and Disclaimers into their own web sites to ensure that the same are understood and met by their clients.

Resellers and their clients are bound by these same Policies, Guidelines and Disclaimers.

By reselling and purchasing WEBCASTLE's services, you hereby agree that WEBCASTLE shall not be held liable for any promises or failure of same that Reseller's extend to their clients, including but not limited to, the quality of service, financial obligations, financial losses or any other claim NOT provided to Reseller in writing by WEBCASTLE.

It is the legal duty and obligation of the Reseller to provide these policies and guidelines to its client(s).

Data stored on our servers is not guaranteed to be backed up.

It is recommended that you keep an independent backup of all data stored in your space. VERY IMPORTANT - BACK UP YOUR DATAFILES

You may not run server processes (e.g. talkers/IRC bots) from your space.

Sorry, No Chatrooms, they bog down the servers.

To protect your privacy we never distribute your name or e-mail address to any third parties.

By logging into your account, or uploading files to it, you are indicating your acceptance of these terms and conditions.

Unacceptable Uses:
These include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message; passive spamming (promoting a web site hosted by WEBCASTLE by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses) mail-bombing (inundating a user with email without any serious intent to correspond), generating a higher volume of outgoing mail than a normal user (20% or more of available system resources), and subscribing someone else to an electronic mailing list with - out that person's permission.

A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to any recipient who has not requested the message.

Making an email address available to the public does not constitute a request to receive messages.

Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed.

Mailing lists may not be used to distributed unsolicited email. Any customer repeatedly "mail-bombed" or that attracts such behavior will be asked to leave.

If you are not sure if your actions will be in violation, please ask first abuse@webcastle.co.uk. We also do not allow sites selling spam-ware.

Abuse of the legal rights of others:
Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and then knowingly making available code which will have a deleterious effect on third party computers.

WEBCASTLE supports free speech on the Internet, and will not suspend or cancel a customer's account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customer's on line activity has violated the legal rights of a third party, WEBCASTLE will not substitute itself for a court of law in deciding tort claims raised by the third party.

Abuse of the law:
WEBCASTLE's services may be used for lawful purposes only.

Illegality includes but is not limited to:
drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and any ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.K. export restrictions; stalking; or violating any other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act.

Linking to illegal material is also prohibited.

WEBCASTLE reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

Pornography: Pornography and sex-related merchandising, or links to such material even if legal, is not an acceptable use of WEBCASTLE's servers.

Abuse of WEBCASTLE's Server Resources:
Running programs in the background on a WEBCASTLE's server without WEBCASTLE's prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of WEBCASTLE's servers. Further, any usage of twenty percent (20%) or more of our system resources is an undue burden on our system and is unacceptable.

If your usage ever exceeds twenty percent (20%) of system resources, you will be contacted and asked to eliminate the problem. In addition, any domain that exceeds ten gigabytes of bandwidth traffic can be terminated without prior notice.

Hacking/Cracking:
WEBCASTLE reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.

OTHER BEHAVIOUR:
The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes.

If you are unsure if your actions will be a violation of our policies please ask abuse@webcastle.co.uk.

Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network. Attempt to circumvent any user authentication or security of host, network, or account.

Accessing data not intended for user.

Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing or ping bombing, smurfs, winnuke and, teardrop.

Promulgation of viruses.

IRC bots such as eggdrop or BitchX.

Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken.

The presence of any of these programs, whether or not run, will certainly result in action against the user including suspension or termination.

CLIENT RESPONSIBILITY:
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery.

The client is responsible for securing their username/password.

Use of WEBCASTLE's service requires a certain level of knowledge in the use of Internet languages protocols and software.

This level of knowledge varies depending on the anticipated use and desired content of the web space by the client.

The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound image mapping, etc.

FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability.

CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands Perl, CShell scripts, permissions, etc.

Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space.

Client agrees that it is not the responsibility of WEBCASTLE to provide this knowledge or support out - side matter specific to WEBCASTLE's servers.

CREDIT / PAYMENTS:
We are unable to offer any form of credit.

If your account/service is activated before any payment is made then payment must be sent in full by return.

If payment is not made in full within 14 days all technical support will be revoked.

If payment is not made in the following 7 day period your account will be deleted

from our services and all DNS services will stop. You will not receive any e-mail.

If your account is cancelled and is later reactivated, an administration fee of £29 will be levied to your account.

Payments are received monthly or yearly in advance. Should your credit card or standing order not go through you will be contacted by our billing department to arrange payment.

If an account reaches 7 days overdue we will revoke all technical support.

If an account reaches 14 days overdue we will suspend all your sites.

If an account reaches 30 days overdue we will remove all sites and data from our systems.

During this period we will attempt to contact you by all methods possible.

Should a chargeback be performed on your credit card we will immediately remove all your sites and data from our systems.

CANCELLATIONS:
We require at least 30 days notice to cancel your account. We cannot refund any payments received before cancellation.

Customers paying yearly are rewarded with a discount off the monthly price and therefore will not be refunded for the months remaining up to the renewal date.

We will not transfer any domain to another ISP unless your account is clear.

Our 30 day money back offer is only related to the hosting account and does not include any optional extras purchased during the evaluation time.

If a domain name has been included in the hosting package we will charge you for this domain at our normal rates and you will be refunded the monthly hosting fee minus the domain registration cost.

Our 30 day money back guarantee is OUR guarantee to you that you will be satisfied with our services.

If you wish to cancel within 30 days you MUST give a legitimate reason.

TELNET/SSH:
Telnet shell accounts are made available for editing and setting up your web site.

It is not a development platform for issues unrelated to your web site.

You must not leave your home directory at any time.

You must not attempt to gain privileges of another user.

Interfering with the following files will result in your telnet access being removed

• .bash_history
• .Bash_logout
• .Bash_profile
• .bashrc

Attempts to view or retrieve our SITEADMIN software, system files, password files or any files outside of your home directory will result in immediate termination of your account with no refund of monies paid.

If this happens we will automatically bill you for £150 for breach of contract and in certain cases will take it further through the UK legal system.

BANDWIDTH:
If your bandwidth reaches the point where it has an adverse affect on other clients we reserve the right to disable your site/sites until you can reduce your bandwidth usage.

Any site consistently using more than 20% of system resources will be immediately suspended.

Sites of this nature should reside on a dedicated server.

LIMITATION OF LIABILITY:
WEBCASTLE shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from WEBCASTLE's servers going off-line or being unavailable for any reason whatsoever.

Further, WEBCASTLE shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site or any part relating to a website, from one of WEBCASTLE's servers.

All damages shall be limited to the immediate termination of service.

WEBCASTLE shall be the sole arbiter of what is and is not a violation of these acceptable use policies.

WEBCASTLE reserves the right to terminate an account at any time and for any reason that causes harm to any WEBCASTLE customer's web sites.

WEBCASTLE reserves the right to delete all content and files upon termination.

WEBCASTLE reserves the right to withhold any pre-paid funds for any web site removed for violations of these policies.

WEBCASTLE reserves the right to refuse, cancel, or suspend service at our sole discretion.

DOMAIN REGISTRATIONS/RENEWALS:
* Please note the results of your registration may not always be accurate. In rare circumstances such as central registrar outage, heavy server loads, database overload, etc, the system may return a: "registration successful" when the name has actually not been registered at all.

* You should confirm after 48 hours that the domain/s is/are yours at the central shared registry whois at www.internic.net or www.nic.uk for 100% accuracy.

* Although 888reg.co.uk does make every effort to inform a client of a pending domain expiration, it is the clients ultimate responsibility to keep an independent record of the expiry dates on their domains and renew them accordingly.

* 888reg.co.uk shall not be held liable for any losses arising from a domain being expired and registered to another party.

* 888reg.co.uk shall not be held liable for a lost domain which may be caused by a software error in our registration system. It is the clients responsibility to independently check the accuracy of a registration. This includes:

• Verifying the correct ownership details via a public whois service.
• Verifying the correct expiry date of the domain via a public whois service.

WEBSITE DESIGN AND DEVELOPMENT:
This includes the design of a website, database solutions, ecommerce websites and content management systems (CMS), and all other work related to the construction of your website.

Once a project is agreed and a contract between the two parties, WEBCASTLE and the client (customer), is signed, the contract will be deemed as binding between the two parties.

LICENCE: On completion of any website designed and built by WEBCASTLE, an invoice will become due to be paid in no more than 30 (thirty) days from the date of invoice, the website (meaning the design, visible content and all images/pictures and text) shall then become the property of the client, (customer), as soon as full payment is received and the funds are cleared in WEBCASTLE'S bank. The ownership of all backend or programming work, including but not limited to, ecommerce, shopping cart(s), administration, database(s) CMS (content management system) etc will be licensed to the client, (customer), for their use in conjunction with the website but full ownership will always remain with WEBCASTLE, it may be possible for the client to purchase the license from WEBCASTLE for an agreed sum dictated by WEBCASTLE.

Once the website becomes live there will be a 30 (thirty) day adjustment period where the client can use any CMS and/or backend administration system built by WEBCASTLE and request minor edits if required for the purpose of functionality for what it was intended, any additional features not requested during the website design process will be charged for.

WEBCASTLE cannot be held responsible for the delay in the completion of any website due to incomprehensible or conflicting textual content, or errors within the information provided by the client, (customer) to WEBCASTLE, the textual content of any website pages provided by the client (customer), must be at all times in finished format and that this textual content can only be edited or amended by WEBCASTLE on the instruction of the client (customer), no more than two times.

PORTFOLIO: It is the discretion of WEBCASTLE whether a clients website is listed on this page.

SEARCH ENGINE MARKETING, SEO, OPTIMISING:
This includes, but is not limited to the research of keywords and key phrases, Pay per click campaigns, website optimising and Internet marketing. We offer a full money back guarantee if we are unable to secure at least one of your chosen keywords or phrases within the first three pages of one of the major search engines. The refund is for the cost of optimising each page and any monthly fee paid, it does not include the cost of research. The time required to gain a high listing can be up to six months, especially with new domains, and therefore this period is required before a refund would be considered, this time period will be from the date of full cleared funds and all requested information required from the client is received.

Once a website is made live, the client (customer), has agreed that the website is to their satisfaction and they are 100% satisfied with the results of the work carried out by WEBCASTLE and any initial optimisation work required will be carried out at this point. When the website is made live an invoice will be raised and payment is then due in full in no more than 30 days from invoice date, once full payment has been received and cleared funds are in WEBCASTLE'S bank account, any further optimisation work will be completed.

Please note; No further work will be carried out until payment is made in full and funds are cleared in WEBCASTLE'S bank account.

Our search engine marketing guarantee only applies to websites that were built or re-built by WEBCASTLE.

WEBCASTLE reserves the right to change these Policies without prior notice or warning.

Non-enforcement of any part of these Policies does not constitute consent. Violations of these Policies should be referred to WEBCASTLE. All complaints will be investigated promptly.

Webcastle Limited - Registration No. 5203057