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CallForIt.co.uk Terms of Service / Service Contract for Web Hosting
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"We", "us", "our", "CallForIt.co.uk", “CallForIt”, and "CallForIt Web Hosting" refers to the business trading as CallForIt and the proprietor(s) thereof.
"You", "account holder", "members", "client", "consumer", "customer", and "users" are the party or parties to whom this service is provided.
"This service" refers to the internet web hosting and all related services provided by us to you as detailed in your product plan.
By becoming a client of CallForIt you agree to all of the above and following terms completely and without reservation:
1) You, as the account holder, accept full responsibility for the content on your web site, even if such content was not created or uploaded by you. Additionally, you agree that the pages on your website will not contain anything illegal, obscene, degrading or abusive to another person, including pages that promote hate group propaganda, child pornography, piracy, and other activities contrary to the laws of England, the United States or any other laws or regulations of any other country.
2) You agree that we have the right to remove any and all pages and websites that we determine have violated any of these rules at any time without notice to you and can take against you whatever measures we deem appropriate, including legal action and disclosing information about you to law enforcement authorities, government authorities, and other interested third parties we deem appropriate at our discretion.
3) Members agree to indemnify and hold us harmless for any loss, claim, damage and expenses arising from or in connection with the contents of any pages or of any chat or messages on a forum board or otherwise arising out of or in connection with our provision of this service to you.
4) To the fullest extent permissible by law, we exclude all liability with respect to accuracy, content or availability of information on our web site and members’ websites. To the fullest extent permissible by law, the content is provided "as is" and without warranties of any kind, either expressed or implied.
5) For the avoidance of doubt, we do not warrant that the function contained in the materials available on the network will be uninterrupted or error free, that defects will be corrected, or that the websites that make them available are free of viruses or other harmful components. You agree and acknowledge that CallForIt shall not be held liable for the actions of our members nor the content they upload and distribute using our system. You agree that we may, at our option, eliminate harmful content and enforce these terms unto our users.
6) You acknowledge that any merchandise products or services available to users or members from links from our website may or may not be provided by third parties who are not necessarily affiliated or connected with us.
7) To the fullest extent possible by law, we exclude any and all liability under any and all circumstances (including negligence) for any special, consequential, and/or punitive damages that may result from the use of, or the inability to use, the service and/or materials on this or any of our sites.
8) You acknowledge that actual uptime of this service may be less than quoted estimates due to (but not exclusively) an act of god, natural disaster, or circumstances beyond our control. Service uptime is by no means certain and as such you agree that we will not be held liable for the downtime of your site, whether intentional or not, nor will we be held liable for any losses, liabilities or expenses incurred as a result of any interruption of this service. To the fullest extent possible by law, this service is provided to you without any warranty.
9) You agree to refrain from the following activities: distributing worms, trojans, or viruses; committing or attempting to commit any denial of service attack against any computer, network, or individual; violating export controls on any software, copyright, or other intellectual property; forging email headers or TCP/IP packet headers; engaging in spoofing; storing, transmitting, creating, or examining any pictures, realistic or not, of humans, anthropomorphic depictions of human-like creatures, or images suggesting humans that are under the age of 18 years in an either implied or actual pornographic picture; distributing, or making available in any way to any party intellectual property that requires some method of authorisation to sell or distribute, which you do not have; accessing, or attempting to access a computer or network resource that you are not authorised to access; sending unsolicited commercial or bulk email to any party for any reason which may or may not result in a complaint; publishing any material that is grossly offensive, including but not limited to, exploitation of children, blatant expressions of bigotry, hatred, harassment, defamation, or invasion of privacy (this includes material that defames, abuses, harasses or threatens any person or group); using the service in connection with the commission of any crime or otherwise in violation of the laws of England, the United States of America or any other country or territory; or pirating, hacking, cracking or phreaking or distributing warez, pyrotechnics, exploitative software or text that educates or encourages this activity.
10) You are expressly forbidden from running network server daemons that bind to a port and listen for and respond to requests.
11) You agree that refunds will be given only if they fit within our refund policy.
12) Billing Disputes: If you have a billing dispute you agree that you will raise a customer service ticket. Failure to do so before any moneys become due may incur an automatic administrative fees of £25 (which you agree represents a reasonable pre-estimate of costs of dealing with such a billing dispute). You agree that we may suspend and/or terminate your service if payment is not received within seven days of the billing date. Following the expiry of this period, you agree that CallForIT may attempt to collect payment from details held on our system. All bills will be issued by us and shall be paid by you in Pounds Sterling (British Pounds).
13) VAT: VAT will be charged at 20% and is included unless otherwise stated.
14) Governing Law/Disputes: The agreement and any non-contractual disòutes arising out of or in connection with this agreement shall be governed by English law
15) Force Majeure: CallForIt shall not be in default of any obligation under this Agreement if the failure to perform the obligation is due to any event beyond our control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organised labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
16) We reserve the right to refuse to supply this service to anyone for any reason. We further reserve the right to restrict, suspend, limit, or terminate this service provided to you at any time without notice at our sole discretion.
17) Restoration of Backups: If your website experiences data loss due through no fault on our part (including but not limited to: accidental deletion, self-caused site damage, and/or defaced websites caused by an insecure script) then a £25 restoration fee will be charged in consideration of the restoration of your website. However, if there is data loss that affects multiple accounts (such as data loss caused by hardware failure) no restoration fee will be applied.
18) Client Identification: You agree to provide accurate and truthful contact details about yourself to us through the registration process and to update those contact details should they change. If we have reason to believe you deliberately provided falsified information about your identity we reserve the right to suspend and / or terminate your account without notice.
19) Severability: You agree that, should any provision in this Agreement be held by any court of competent jurisdiction to be invalid for any reason, this Agreement will apply between us as if such provision were not included.
By signing up and using this service you agree to adhere to the terms set out in this Agreement at all times and without exception, unless granted in writing by the proprietor(s) of CallForIt. These terms may be changed at any time without notice to you. You agree that all changes after your signup fully apply to you and that your continued use of this service constitutes agreement to any changes in these terms. It is your responsibility to check the terms of service regularly. We may attempt to inform you when these or any other terms change, but you should have no expectation of notification from us.
