Terms of Service

All services provided by Simon Bennett Web Design may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Simon Bennett Web Design from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to Simon Bennett Web Design servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

  • Pirated Software
  • Hacker Programs or Archives
  • 'Warez' sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A £50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, SIMON BENNETT WEB DESIGN WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Simon Bennett Web Design is strictly prohibited. As our client, you are responsible for all your accounts. Should you violate the Terms of Service outlined within, your account will be cancelled without chance of refund.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of Simon Bennett Web Design must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing

By the Account Activation Date of each year, Simon Bennett Web Design shall deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current year. When an invoice is delivered to the client, payment shall be remitted to Simon Bennett Web Design by no later than the specified payment due date. Simon Bennett Web Design shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on an annual basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees

Certain services carry a setup fee charged by Simon Bennett Web Design to client, which must be paid by the client in order to have use of said services. If the client terminates this agreement, the client shall be responsible for any and all outstanding fees owed to Simon Bennett Web Design and agrees to pay any and all fees incurred by the client. Because the services are provided on an annual basis, the client will be responsible for service fees incurred each year, regardless of when client provides notice of termination. Such fees will not be pro-rated or refunded.

Money back guarantee & refund policy

We do not generally refund cancelled contracts. No refunds are issued for setup charges, add-on charges, domain registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit.

Account Deactivations

Any account deactivated due to non-payment will require a reactivation fee of £20.00 prior to reactivation.

Cancellation Refunds

We DO NOT refund partial annual fees to accounts. We require 28 days notice for a cancellation.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability

Simon Bennett Web Design shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Simon Bennett Web Design servers going off-line or being unavailable for any reason whatsoever. Furthermore, Simon Bennett Web Design shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Simon Bennett Web Design servers. All damages shall be limited to the immediate termination of service.

Violations

Violations of these Acceptable Use Policies should be referred to enquiries@simon-bennett.co.uk. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

Simon Bennett Web Design cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Simon Bennett Web Design are resold. Thus, certain equipment, routing, software and programming used by Simon Bennett Web Design are not directly owned or written by Simon Bennett Web Design. Moreover, Simon Bennett Web Design holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Simon Bennett Web Design sees fit.

Account Activation

By activating your account with Simon Bennett Web Design, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee

Although Simon Bennett Web Design has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.

Simon Bennett Web Design reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Acceptable Use Policy

As a provider of web site hosting and other Internet-related services, Simon Bennett Web Design offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Simon Bennett Web Design respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Simon Bennett Web Design reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Simon Bennett Web Design has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Simon Bennett Web Design' services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Simon Bennett Web Design cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Simon Bennett Web Design cannot monitor or censor the Internet, and will not attempt to do so, Simon Bennett Web Design cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that Simon Bennett Web Design does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Simon Bennett Web Design' network and may reach a large number of people, including both subscribers and non-subscribers of Simon Bennett Web Design, subscribers' postings to the Internet may affect other subscribers and may affect Simon Bennett Web Design' goodwill, business, reputation or operations. For these reasons, subscribers violate Simon Bennett Web Design policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming

Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Simon Bennett Web Design, but also because it can overload Simon Bennett Web Design' network and disrupt service to Simon Bennett Web Design' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Simon Bennett Web Design will investigate and shutdown the account that is SPAMing. A £250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Simon Bennett Web Design reserves the right to prosecute for this violation. A £10.00 charge will be assessed PER EMAIL sent should Simon Bennett Web Design choose to pursue and prosecute.

Adult-Oriented Content

Simon Bennett Web Design does not allow adult content and will suspend/terminate any offending account.

Large File Policy

Simon Bennett Web Design is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail enquiries@simon-bennett.co.uk.

Obscene Speech or Materials

Using Simon Bennett Web Design network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Simon Bennett Web Design is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language

Using Simon Bennett Web Design network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks

Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP

Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations

Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups

Simon Bennett Web Design reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities

Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities

Engaging in activities, whether lawful or unlawful, that Simon Bennett Web Design determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Simon Bennett Web Design will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Simon Bennett Web Design' policy or applicable law. However, when Simon Bennett Web Design becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Simon Bennett Web Design.

Simon Bennett Web Design is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Simon Bennett Web Design facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Simon Bennett Web Design does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Simon Bennett Web Design reserves the right to directly take action against a customer of its subscribers. Also, Simon Bennett Web Design may take action against the Simon Bennett Web Design' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Simon Bennett Web Design anticipates that subscribers who offer Internet services will cooperate with Simon Bennett Web Design in any corrective or preventive action that Simon Bennett Web Design deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Simon Bennett Web Design policy.

Simon Bennett Web Design will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Simon Bennett Web Design may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Simon Bennett Web Design may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Simon Bennett Web Design assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Simon Bennett Web Design may disclose subscriber information or information transmitted over its network where necessary to protect Simon Bennett Web Design and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Simon Bennett Web Design will never sell information to other services or outside companies.

Simon Bennett Web Design expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Simon Bennett Web Design policy. Finally, Simon Bennett Web Design wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Simon Bennett Web Design for any violation of the Service Agreement, law or Simon Bennett Web Design policy resulting in loss to Simon Bennett Web Design or the bringing of any claim against Simon Bennett Web Design by any third party. This means that, if Simon Bennett Web Design is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Simon Bennett Web Design, plus costs and reasonable attorney's fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Simon Bennett Web Design and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to enquiries@simon-bennett.co.uk.

Privacy Policy

Simon Bennett Web Design respects your privacy.

Any personal information you provide to us including and similar to your name, address, telephone number and e-mail address will not be released, sold, or rented to any entities or individuals outside of Simon Bennett Web Design.

Credit card details

Simon Bennett Web Design will never store your Credit Card details and request that you do not enter it on any of the forms on Simon Bennett Web Design.

External Sites.

Simon Bennett Web Design is not responsible for the content of external internet sites. You are advised to read the privacy policy of external sites before disclosing any personal information.

Cookies

A "cookie" is a small data text file that is placed in your browser and allows Simon Bennett Web Design to recognize you each time you visit this site. Cookies themselves do not contain any personal information, and Simon Bennett Web Design does not use cookies to collect personal information. Cookies may also be used by 3rd party content providers such as newsfeeds.

Remember The Risks Whenever You Use The Internet

While we do our best to protect your personal information, we cannot guarantee the security of any information that you transmit to Simon Bennett Web Design and you are solely responsible for maintaining the secrecy of any passwords or other account information. In addition, other Internet sites or services that may be accessible through Simon Bennett Web Design have separate data and privacy practices independent of us, and therefore we disclaim any responsibility or liability for their policies or actions.

Please contact those vendors and others directly if you have any questions about their privacy policies.

For any other information, contact me.