Web Hosting Terms & Conditions of Service
MyComputerMan reserves the right to suspend or cancel a customer’s access to any or all services provided by MyComputerMan when MyComputerMan decides that the account for any service has been inappropriately used or otherwise abused.
USAGE OF MYCOMPUTERMAN – DESIGNED MATERIALS
Web sites, databases or applications are supplied by MyComputerMan strictly on a use only basis. The ownership of the design and associated programs remain the property of MyComputerMan. No alterations to designs, databases or applications provided by MyComputerMan are allowed unless agreed in writing by MyComputerMan. Any alterations undertaken without approval means that the customer agrees to reimburse MyComputerMan at the rate of five times the original project cost.
Personal accounts are to be used by the PRIMARY OWNER only.
Personal account holders are not permitted to resell, store or give away web-hosting services of their web site to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner’s web site. Exceptions to this include ad banners, classified ads, and personal ads.
MyComputerMan reserves the right to refuse service and /or access to its servers and or services to anyone at any time for any given reason.
MyComputerMan does not allow any of the following content to be stored on its servers:
Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local Country regulation.
Adult Material – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of MyComputerMan.
Warez – Includes pirated software, ROMS, emulators, phreaking, hacking, and 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.
UNLIMITED USAGE POLICY
High bandwidth usage: MyComputerMan offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, MyComputerMan may find a customer to be using server resources to such an extent that a customer’s site may jeopardize server performance and resources for other customers of services. In such instances, MyComputerMan reserves the right to impose the High Resource User Policy for the consideration of all customers and to charge for excessive bandwidth usage by any customer.
HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor/server utilisation or service usage. MyComputerMan may implement the following policy at its sole discretion:
When a customers Web Site or Web Service is found to be monopolising the resources available on the Network, MyComputerMan reserves the right to suspend that site or service immediately without notice.
This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers and/or services. Customers may be offered an option whereby MyComputerMan continues hosting the Web Site or allowing Access to a Service for an additional fee.
OUR POLICY ON SPAM AND UNSOLICITED E-MAIL
All E-Mail Accounts and Services are to be used by the PRIMARY OWNER only.
MyComputerMan specifically does not authorise the use of its proprietary computers, servers, routers and computer network (the “MyComputerMan Network”) to accept, transmit or distribute unsolicited bulk email sent from the Internet to MyComputerMan subscribers (or to others).
It is also a violation of MyComputerMan’s policy, and the law, to send or cause to be sent to, or through, the MyComputerMan Network email that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing. MyComputerMan considers such email to be unlawful and a violation of our policy, and any attempt to send or cause such email to be sent to, or through, the MyComputerMan Network is unauthorised, such abuses will results in Immediate and Permanent Account Termination!
Moreover, any email relayed from a third party’s mail servers without the permission of that third party, or any email that hides or obscures, or attempts to hide or obscure, the source of an email also constitutes an unauthorised use of the MyComputerMan Network.
Email sent or caused to be sent to the MyComputerMan Network that violates your agreement with MyComputerMan is also unauthorised. Nor does MyComputerMan authorise the harvesting or collection of email addresses from the Internet or other online services for the purpose of sending unsolicited email. Any such action also constitutes violation of our policy.
MyComputerMan is totally committed to the Prevention of SPAM email, therefore any user using of our POP3/IMAP/SMTP Relay Service who uses it for SPAMMING Purposes will have their account removed and will be reported to the Authorities.
We take unsolicited emails (SPAM) very seriously. Under NO circumstances are you to use this facility or any of our servers to send any type of unsolicited bulk email.
If we find out that you have been abusing the email policy your account will be cancelled immediately. In cases where an account is cancelled for SPAM abuse a charge of £500 is automatically added to the clients bill.
All Payments are due in advance, either in full or by stage payments to be advised by MyComputerMan to the customer.
TERM AND TERMINATION
The initial period of Service provision will commence on the date that the Client’s Website goes live or the Client’s Order is processed. This term shall last for a period of 12 months, subject to the termination provisions below.
Subsequent periods of Service Provision shall last for a period of 12 months each and will follow on from a previous period, without interruption, subject to the fulfilment of the Client’s obligations under the Fees and Payment Clause of this Agreement. All subsequent periods are subject to the termination provisions below.
MyComputerMan reserves the right to terminate this Agreement or to suspend the Service in the following circumstances.
If the Client fails to pay fees due under the Fees and Payment Clause of this Agreement;
If the Client is in breach of the terms of this Agreement;
If the Client becomes the subject of a voluntary arrangement under Section 1 of the Insolvency Act 1986;
If the Client is unable to pay its debts within the definition of Section 123 of the Insolvency Act 1986; or
If the Client has a receiver, manager, administrator or administrative receiver appointed over all or a substantial part of its undertakings, assets, or income; has passed a resolution for its winding up; or is the subject of a petition presented to a court for its winding up or for an administration order.
If a client wishes to dispose of Service when due to expire then at least 2 months notice must be given by the client else a 50% charge of the total renewal costs will be applicable, 90, 60 and 30 day renewal notifications are sent to clients and notice should be given upon receipt of the 60 day notification and not later to avoid the 50% charge.
Any issuing of refunds is at the sole discretion of MyComputerMan.
If the Client wishes to terminate during the course of a 12 month period of Service provision the Service will end 1 month after MyComputerMan receives the Client’s notice.
On termination of the Service and this Agreement the Client’s Website and all related material will be removed from the Hosting Hardware.
If the Client sends a termination notice in error or changes their mind, MyComputerMan must be informed within 2 months of the notice that the Client wishes their Account to be restored. Any notification outside of this period will require a new Account to be set up, with the Client being required to pay for a full 12 month period. The Client will be required to pay a re-activation fee of £100.00.
DOMAIN NAME/HOSTING SERVICE TRANSFERS
Customers who wish to move their Domain Name and Hosting Services from MyComputerMan to another provider will be charged a standard fixed fee of £80 to cover Registrar Agent Transfer Fees and Administration costs, Domain Names cannot be moved until we have received this cleared payment as we have to pay the Registry Service for Domains a fee for this process.
MyComputerMan shall not be liable to the Client or to third parties for:
Any losses resulting from interruptions or downtime to the Service;
Any inability, on the part of the Client, to use the Service;
Any damage or loss resulting from the loss of confidentiality caused by the storage of information on the internet.
Nothing in this Clause shall exclude the liability of MyComputerMan for death or personal injury resulting from MyComputerMan negligence or that of its employees or agents.
Nothing in this Clause or in this Agreement shall exclude the liability of MyComputerMan for fraudulent misrepresentation.
Subject to the provisions of this Agreement, MyComputerMan gives no warranty, express or implied, in connection with the Service as to fitness for purpose, quality, noninfringement or merchantability.
Neither MyComputerMan nor the Client shall be liable for breaching this Agreement where that breach results from Force Majeure.
Force Majeure refers to any event that is beyond the reasonable control of the parties and includes, but is not limited to, acts of God; acts of war; national emergencies; governmental action; union action; civil unrest; fire; explosion; flood and theft.
MyComputerMan reserves the right to assign or otherwise transfer any rights or obligations under this Agreement.
The Client may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of MyComputerMan.
In the event that any provision of this Agreement is found to be invalid or otherwise unenforceable for any reason, the remaining provisions shall continue in full force without being impaired or invalidated in any way. The waiver by either party of any provision of this Agreement will not operate or be interpreted as a waiver of any other provision or a subsequent breach of any provision.
LAW AND JURISDICTION
This Agreement is governed by the laws of England and Wales. Any dispute relating to this Agreement shall fall within that jurisdiction.
Both parties shall keep in strict confidence all information which are of a confidential nature and have been disclosed by one party to the other party and shall procure that the receiving party’s employees, agents, consultants or subcontractors keep in strict confidence all such information other than for the purposes of performing its obligations under this Agreement.
CUSTOMER FEEDBACK AND COMPLAINTS
We welcome your questions and comments about privacy issues. Should you have any questions or complaints about the use of data by MyComputerMan, or if you are aware that any of the information here contains mistakes or needs updating, please Contact Us
[Rev. 20th September 2018]
MyComputerMan IT Support Services