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Terms of Service

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1. SERVICE LEVELS AND DATA BACKUP

1.1 Simply Eddies shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, Simply Eddies makes no warranties or representations that the Service will be uninterrupted or error-free and Simply Eddies shall not, in any event, be liable for interruptions of Service or downtime of the server.

1.2 Simply Eddies carries out data backups for use by Simply Eddies in the event of systems failure. Simply Eddies do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Simply Eddies accepts no responsibility for data loss or corruption.

1.3 In relation to Simply Eddies obligations under this Agreement in connection with the provision of the Services, the Customer grants to Simply Eddies a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, theme-images, moving theme-images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the Website ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to Simply Eddies any right, title, interest or intellectual property rights in the Customer Software or the Content.

1.4 Simply Eddies may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, Simply Eddies shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.

2. ACCEPTABLE USE POLICY

2.1 The Website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:

2.2 The Customer has full responsibility for the content of the Website. For the avoidance of doubt, Simply Eddies is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.

2.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 2.1 Simply Eddies shall be entitled to withdraw the Services and terminate the Customer's account without notice.

3. ALTERATIONS AND UPDATES

All alterations and updates to the Website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform Simply Eddies and the password will be changed.

4. WARRANTIES

4.1 The Customer warrants and represents to Simply Eddies that Simply Eddies use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to Simply Eddies as set out in Clause 1.3.

4.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Simply Eddies shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.

5. INDEMNITY

The Customer agrees to indemnify and hold Simply Eddies and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Simply Eddies arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.

6. LIMITATION OF LIABILITY

6.1 The entire liability of Simply Eddies to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

6.2 In no event shall Simply Eddies be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Simply Eddies had been made aware of the possibility of the Customer incurring such a loss.

7. TERM AND TERMINATION

7.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.

7.2 Simply Eddies shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.

7.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:

7.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.

7.5 On termination all data held in the customers account will be deleted.

8. ASSIGNMENT

8.1 Simply Eddies may assign or otherwise transfer this Agreement at any time.

8.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without Simply Eddies prior written consent.

9. FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

10. SEVERANCE

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by English Courts such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

11. NOTICES

Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.

12. SCRIPTING

Simply Eddies are not responsible for customer programming issues other than ensuring that programming laungages such as Perl, PHP and ASP are installed and functioning on the web hosting system.

13. PRIVACY

To protect your privacy we will not distribute your details to third parties, unless required to do so by law.

14. DATA TRANSFER

14.1 Web hosting accounts include a certain amount of data transfer and customers are required to stay within their limits. As customers have no means to control the amount of visitor traffic their site may receive in any one month Simply Eddies will not disable accounts for failure to comply. Simply Eddies do monitor data transfer and customers will be notified when their limit is exceeded. Any customer accounts found to be in regular breach of their limits will be invited to upgrade their hosting package.

14.2 Web hosting accounts are prohibited from hosting file distribution websites, adult orientated content websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites, reselling or giving away web space under a domain, sub domain or directory.

15. WEB PAGES

Commercial use of web and ftp space is permitted.

You will be responsible for the content of your web pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate the laws of the United Kingdom.

You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your page(s).

We reserve the right to remove material deemed inappropriate from your web pages, without prior notice. Simply Eddies do not allow adult, warez or illegal MP3 web sites on their servers.

16. SERVER USUAGE

Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.

17. EMAIL NEWSLETTER

Simply Eddies communicates with it's customers via email and as such you agree to receive by email our information which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our products & features and special offers.

18. PAYMENTS

All fees are payable in advance and will be requested by Simply Eddies prior to activating customer accounts. For UK and BFPO customers payments will be accepted via Nochex or PayPal secure online payment services, Cheques drawn against UK banks or British Postal Orders. Payments from customers outside the UK will be accepted via PayPal secure payment services or British Postal Orders in Pounds Sterling where obtainable.

19. CANCELLATION AND REFUNDS

Simply Eddies offer a 14 day money back guarantee. Customers may cancel their accounts any time within 14 days of opening to receive a refund excluding Website Builder Plus, Nochex and PayPal service fees, domain name registration fees, secure server certificate, web templates, software programs or other extra services purchased by you. Web hosting is offered and provided for a period of 1 year and while we do not offer refunds for pro-rated service (beyond our 14 day money back guarantee) you have no obligation to continue using our service.

Simply Eddies reserves the right to cancel the service at any time. Customer refund requests are to be sent by email or post and will only be processed in the cases of service non-performance where Simply Eddies is clearly at fault. Refund requests for problems beyond Simply Eddies control will be refused.

For example: 

Domain transfer failure. 

Failure of any third party script or program that's not supported by Simply Eddies. 

A customer's lack of experience in dealing with web basics and communication protocols.

20. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of England. The parties hereby submit to the exclusive jurisdiction of the English courts.

21. LANGUAGE

Simply Eddies business communications are conducted using the English language.

22. ENTIRE AGREEMENT

This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.

23. DISCLAIMER

Simply Eddies will not be responsible for any damages your business may suffer, Simply Eddies makes no warranties of any kind, expressed or implied for services we provide. Simply Eddies disclaims any warranted merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, viruses and any and all service interruptions caused by Simply Eddies and its employees.