Terms & Conditions

Option 2 & 3 Hosting Services

Customers are advised that LeeRaven CS consider all terms of this agreement to be of fundamental importance to the contract between ourselves and the customer. Therefore, the customer warrants that they have read, understood and agree to each and every term of the below agreement. Should you have any queries over a term, please feel free to contact us before progressing any further with this order. Order Acceptance:

1) LeeRaven CS have not officially accepted your application & order until we send a full confirmation email detailing your account settings to the email address provided during signup. Before this time LeeRaven CS reserve the right to cancel, reject or abort any order or application made by the customer, for any reason. In any such case, if funds have already been taken, a full refund will be made.

2) The Consumer Protection Regulations (Distance Selling) 2000 provide consumers (as opposed to business customers) with a right to cancel orders for goods and services ordered 'at a distance' within seven days of the placing of the order in certain circumstances.

3) Customers agree that, should their order be accepted by LeeRaven CS, performance of the terms of the contract will begin as soon as possible. As a result of this performance of the contract, in accordance with Regulation 13(1)a the cancellation right provided by the Consumer Protection Regulations (Distance Selling) 2000 will no longer apply after performance has begun. For the avoidance of doubt, performance is considered to have begun when we send out the confirmation email detailing account settings.

4) LeeRaven CS offer a 30 day money back guarantee with all new package purchases. Claims under this guarantee must be made, validated and completed within 30 days of the date and time of the order being placed. Domain name registrations cannot be cancelled by LeeRaven CS and any domains registered will be kept by the customer. Refunds made exclude a domain registration or handling fee of £10 + VAT for UK domains and £20 + VAT for global domains. Contract Length, Expiry and Termination:

1) By signing up with LeeRaven CS Option 2 or Option 3 packages you agree to a contract of either one (1) or two (2) years. As a result of this if you make a cancellation of this contract at any time during the length of the contract, after the first 30 days, there is no refund available to you.

2) At the end of the agreed contract length a renewal payment is due in order for service to continue; otherwise the contract will expire and service will end accordingly.

3) The fees paid in advance for your hosting contract are guaranteed for the duration of that contract. Fees are however subject to change when the account requires a renewal payment to be made by the account owner; should this be the case, it will be made clear on the order summary page during the account renewal process.

4) LeeRaven CS will aim to send up to three (3) renewal reminders to the email address kept on file, however these are not guaranteed to arrive.

5) The customer acknowledges that the renewal of their hosting package and domain name is solely their responsibility and therefore agrees to record the expiry date of their account for future reference.

6) Following account expiry LeeRaven CS reserve the right to deactivate websites immediately and delete packages (and any customer data held within) after two (2) calendar months if no renewal payment is made. The customer acknowledges that they have no right to the data held within an expired account.

7) If no renewal payment is made, you may lose your domain.

8) Should you wish to terminate your contract with LeeRaven CS prior to its expiry date, this can be done by completing the security procedure outlined at http://www.leeraven.co.uk.

9) Termination of the contract in this way will result in loss of access to the account; and the move of any domain held by us to the specified new provider. We reserve the right to remove the account and any data contained within it as soon as we have moved the domain to the new specified provider.

10) Requests to terminate a contract and move a domain away from LeeRavenCS' control must be sent by our named account holder. We are not able to process requests from any other party. Domain Registration:

1) LeeRaven CS will attempt to register domains ordered as soon as possible after payment has been processed.

2) The domain name registration period for Option 2 or Option 3 accounts runs two (2) years from the date of registration. After this time period has lapsed registration renewal may be made upon receipt of payment of renewal fees.

3) It is solely the registrant's responsibility to check that the domain name requested has been successfully & correctly registered. The registrant agrees to notify LeeRaven CS without delay in the event of a domain failing to become registered or being registered incorrectly. If we are unable to register the domain chosen, we can only offer to register a different domain name for use with the hosting package, or provide a full refund of the fees paid for that account.

4) You agree and acknowledge that LeeRaven CS will submit your details (including name and address) to the domain registry during all domain registrations. The domain registry may display these on a public register of domain registrations. LeeRaven CS will do all they can to ensure that the registrant's details are submitted correctly during registration.

5) As our system is automated you confirm that details submitted during this order have been thoroughly checked as being correct and agree that these details will be submitted to the registry 'as is'.

6) The registrant agrees that all details submitted in respect of a domain name registration are true and correct. The registrant makes certain to LeeRaven CS that the registration of the domain name ordered and the way in which it will be used (directly or indirectly) does not infringe the legal rights of any third party. LeeRaven CS does not accept any responsibility for the use of registered domain names especially where there may be conflict over rights to ownership. Any disputes over the registration and/or ownership of a domain name are solely the responsibility of the account owner.

7) The account owner indemnifies LeeRaven CS from any legal proceedings and costs that arise as a result of the registration of a domain name.

8) If the domain name chosen ends in .uk, registrants confirm that they agree to Nominet UK's terms and conditions located at http://www.nominet.org.uk/nominet-terms.html.

9) If the domain name chosen ends in .com, .org or .net, registrants confirm that they agree to the registry terms and conditions available at http://resellers.tucows.com/contracts/tld/exhibita.

10) If the domain name chosen ends in any other extension the customer agrees that they will be bound by the terms and conditions of the relevant registry.

11) At the end of the domain registration period the payment of a renewal fee is necessary to ensure that the domain name remains online and registered to the account owner. The customer acknowledges and agrees that if no payment is made they may lose their domain. General Terms:

1) Nothing within these terms and conditions of service shall be taken to confer any rights under the Contracts (Rights of Third Parties) Act 1999.

2) Customers agree that whilst they are able to provide account access to third parties and enable LeeRaven CS to deal with third parties should they wish to do so, they are not able to assign ownership of an account and the contractual obligations undertaken.

3) Payments for hosting services and domain registrations/renewals should be made in advance.

4) Customers agree that these terms and conditions are subject to change at any time. In return, LeeRaven CS undertake to post a notice of any changes on our website. Continued use of the service after 30 (thirty) days has elapsed since the posting of such amendments to the contract will be taken as acceptance of the changes and agreement to abide by them. Should you not wish to abide by any contract amendments we would be happy to refund any pro rata funds left on a hosting package and assist you in moving your domain to a new provider.

5) Should any provision within our terms and conditions of service be found by a court in England & Wales to be unlawful, that provision can be severed from the remainder of this agreement.

6) The customer agrees that should LeeRaven CS receive a reasonable request for information on a customer of ours from an official body (for example law enforcement bodies, government departments/agencies), this information can be provided without notice.

7) The customer agrees that they have checked the availability of any technical requirement that they have with our staff at http://www.leeraven.co.uk and that no assumptions whatsoever have been made about the package and its capabilities.

8) The customer acknowledges that LeeRaven CS provide all support for Option 2 or Option 3 packages via email. Response times for emails sent to us are not guaranteed.

9) Whilst LeeRaven CS makes daily backups of content hosted within the packages we offer, we do not guarantee that we will be able to restore data from our backups. The customer therefore agrees to make their own backups of their files regularly.

10) The customer acknowledges that should LeeRaven CS receive a complaint about content hosted on our servers it may be necessary to remove access to the item of content in question immediately. As a result of this, the customer authorises us to remove access to items of content as described without notice.

11) The account owner indemnifies LeeRaven CS from any legal proceedings and costs that arise as a result of their use of the account.

12) The account owner agrees to keep any software in use within their account secure by applying software patches (where available) and/or taking steps to ensure that the software cannot be abused. The customer agrees that should LeeRaven CS become aware that a piece of software within a customer account is being abused, public access to the software should be removed as soon as possible to prevent further abuse.

13) Our servers are not designed for the bulk long term storage of emails and, as such, LeeRaven CS will not be held responsible for any loss of emails stored on our servers for periods of 72 hours or more.

14) There is a limit on the size of each incoming email of 5mb Option 2 packages. The corresponding limit on Option 3 accounts is currently 15mb (megabytes).

15) LeeRaven CS cannot be considered under any duty to train the customer in the skills needed to create and maintain a website.

16) LeeRaven CS reserve the right to make changes to the operation of our servers at any time and without notice should this be necessary to protect our servers and network from harm.

17) The account owner agrees that LeeRaven CS operate a security policy across their network of servers in order to protect all users, and that as a result users may be restricted in what they can achieve through using one of our packages. The account owner also agrees that the security policy is subject to change (due to the changing nature of the steps needed to protect our users) Email Contact:

1) By being a customer of LeeRaven CS you agree that we may keep in touch with you with occasional news and information emails, such as renewal reminders.

2) You agree that you have an existing relationship with us and that any reasonable mailings sent to you via email by the company will not be classified as Unsolicited Commercial Email or in breach of the Privacy and Electronic Communications (EC Directive) Regulations 2003.

3) You agree that you are able to opt out of mailings at any time by emailing info@leeraven.co.uk with your account details. Please note that opting out may result in you not receiving renewal reminders regarding your accounts. Termination, Misuse and Upgrades:

1) The customer agrees that they are solely responsible for all actions carried out within their account, for example all emails sent, for any access to the account (whether this access is authorised or unauthorised) and content uploaded.

2) These terms and conditions apply to all actions relating to your package including content hosted within your account, email contained within your account and emails sent regarding your account (including but not limited to; advertising or emails sent to our support department).

3) Accounts can be suspended or terminated by LeeRaven CS, without any advance notice, if they are being misused by the user. In most cases LeeRaven CS will attempt to contact the account holder although email notifications are not guaranteed to be received. Misuse includes, but is not limited to, all of the following:

a) The sending of bulk unsolicited email of any nature, commercial or uncommercial and the sending of any volume of Unsolicited Commercial Email (UCE) through our servers promoting any website or service or through third party servers promoting a website hosted by us.

b) Publish or run any script or item of content that causes server performance to decrease for other users. This might include resource intensive CGI or PHP files, busy forums or a highly requested item of static or dynamic content.

c) The hosting of, reference to or linking to nudity, pornography, anything of a sexual, lewd, or obscene nature is not permitted on our servers.

d) The hosting of, reference to or linking to violations of the copyright or any other right of any third party is not permitted on our servers.

e) The hosting of, reference to or linking to threatening, abusive, harassing, or defamatory statements is not permitted on our servers.

f) The hosting of, reference to or linking to promotion of illegal activities (including but not limited to information on hacking, cracking, making illegal devices) is not permitted on our servers.

g) The hosting of, reference to or linking to information, instructions, or software containing or about any kind of virus is not permitted on our servers.

h) The hosting of, reference to or linking to hate speech or hate propaganda is not permitted on our servers.

i) The hosting of, reference to or linking to misrepresentation(s) of member's identity, or the impersonation of anyone.

j) Collection of personal information for illegal purposes. You confirm that your account will comply at all times with the requirements of the Data Protection Act 1998.

k) The hosting of, reference to or linking to content that is deemed by LeeRaven CS, in its sole discretion, to be harmful to LeeRaven CS, another company, organisation, or individual.

l) The hosting of, reference to or linking to any products or services (or information relating to them), that are harmful, illegal, dangerous, pornographic, or indecent.

p) Accessing or attempting to access any area outside of the hosting package, whether or not the intentions are innocent or malicious.

4) If a violation of our terms is one that can be remedied by the customer upgrading to a different package level LeeRaven CS may contact the customer, via email ,to request that an upgrade is made. If the customer chooses not to remedy the breach, either by upgrading their account level or taking steps to ensure that their account no longer violates our terms and conditions of service, we reserve the right to suspend the web hosting account without further notice.

5) LeeRaven CS reserve the right to immediately suspend access to an account or any part thereof breaching our terms and conditions of service.

6) If the content within a customer's account exceeds the space quota allotted to it (this quota depends on the package level chosen and whether any further disk space has been purchased by the customer since the account was purchased), LeeRaven CS reserve the right to delete content until the content fits within its allotted quota. Liability

1) To the extent permitted by law, LeeRaven CS shall not be liable to the customer save as expressly provided for in this Agreement and shall have no other obligations, duties or liabilities whatsoever in contract, tort or otherwise to the customer.

a) LeeRaven CS will not be responsible for any damages your business may suffer.

b) LeeRaven CS makes no warranties of any kind, expressed or implied for services we provide

c) LeeRaven CS disclaims any warranty or merchantability or fitness for a particular purpose.

d) LeeRaven CS is not responsible for any loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by LeeRaven CS and its employees. LeeRaven CS cannot guarantee that the service will be uninterrupted or error-free, or meet the customer's requirements.

2) Nothing in this Agreement shall:-

a) exclude or restrict the Company for liability in respect of death or personal injury resulting from the negligence of the Company, its employees or agents;

b) exclude the conditions and warranties implied by Section 12 of the Sale of Goods Act 1979 and where the Customer deals as a consumer, the conditions implied by sections 13 to 15 inclusive of the said Act and by sections 3 and 4 of the Supply of Goods and Services Act 1982; or

c) where the Customer deals as a consumer, affect the Customer's statutory rights.

3) In the event that LeeRaven CS is found by a court of England & Wales to have breached our obligations under this agreement to the customer, or be liable in any way, said liability is limited to the pro rata fees left on the package in question at the time of the breach.

4) No delay by LeeRaven CS in enforcing any term of this agreement can be considered to be a waiver of any right to enforce the term in the future.

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