Development Island Terms and Conditions of Business.

These terms and conditions shall apply to the agreement between Development Island Ltd registered address of 6 Myrtle Road, Folkestone, Kent, CT19 6EE, England ('Development Island') and the individual or company applying for the provision of services by Development Island ('the Customer') and where server means the computer equipment operated by us in connection with the provision of the Services; web site means the area on the server allocated by us to you for use by you as a site on the Internet; and services are defined as web site hosting, email, domain name registration, or any other service or facility provided by Development Island to the Customer.

Last updated: Saturday, 04-Mar-2006 20:15:37 GMT

1. General

1. We do not allow Adult, Warez, illegal MP3 Sites or IRC Bots. Why? These sites could jeopardise the performance of our servers for the majority of our clients.
2. The Customer may not store more data in the account than the allotted virtual server space.
3. The Customer's virtual server (inc. FTP access) is for their personal use only. The Customer must not divulge the password to any other person, and should take reasonable precautions to ensure that it is not discovered by any other persons.
4. The Customer shall notify us immediately of any known or suspected unauthorised use of the account or breach of security, including loss, theft or unauthorised disclosure of passwords or other security information.
5. Data stored on our servers is not guaranteed to be backed up. It is recommended that the Customer keep an independent backup of all data stored on the virtual server.
6. The Customer may not run server processes (e.g. talkers/IRC Bots) from the virtual server.
7. Development Island shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.
8. When the Customer account is closed, all files (including web pages, etc.) will be deleted.
9. Development Island reserve the right to cancel the Customer account at any time without notice.
10. Development Island reserve the right to amend and update these Terms and Conditions at any time without notice.
11. To protect Customer privacy Development Island never distributes Customer names or email addresses to any third parties.
12. The Customer must not participate in any form of unsolicited bulk emailing or Spam.
13. Development Island reserves the right to change the terms, conditions, and notices under which the Development Island Hosting Services are offered, including but not limited to the changes associated with the use of Development Island's Hosting Services. The Customer is responsible for regularly reviewing these terms and conditions.
14. The Customer's continued use of Development Island's Hosting Services constitutes agreement to all such terms, conditions and notices.
15. The Customer is indicating acceptance of these Terms and Conditions by ordering online from Development Island.
16. This does not affect your statutory rights as a consumer, subject to the provisions of Clause 2.i. below.

2. Cancellation by the Customer

1. Where the Customer is deemed to be a "consumer" for the purposes of the Consumer Protection (Distance Selling) Regulations 2001, or any re-enactment thereof, the Customer has the right to cancel an order, within 7 days of placing the order, by giving notice in writing to Development Island, subject to the following provisions:
1. Orders for registration of domain names may not be cancelled after the domain name has been registered with the appropriate registrar.
2. Orders for renewal of domain names may not be cancelled after Development Island has submitted the renewal request to the appropriate registrar.
2. If the Customer cancels an account, Development Island will refund up to two weeks of the monthly payment period. Development Island will not refund any payment made after the first two weeks in a monthly payment period.
3. If the customer cancels an account before making the first payment the customer will occur no costs.
4. Cancellation of accounts and domain transfer: in all cases a minimum of 30 days notice is required, this notice period must be confirmed and accepted by Development Island, otherwise there is no charge to transfer a domain.
5. In the event of a cancellation of an order by the Customer, under the terms of this provision, Development Island undertakes to refund any funds paid within 30 days of cancellation.

3. Domain name registration and transfer

1. We make no representation that the domain name the Customer wishes to register is capable of being registered by the Customer. The Customer should therefore not assume registration of the requested domain name(s) until the Customer has been notified that it has been registered. Any action taken by the Customer before such notification is at the Customers risk.
2. The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; the Customer shall ensure they are aware of those terms and conditions and that they comply with them. The Customer shall have no right to bring any claim against us in respect of refusal to register a domain name.
3. Development Island will not be obliged to take part in any domain name disputes between the Customer and any other person.
4. Where a pre-registered domain name is transferred to Development Island the Customer is responsible for initiating the transfer and ensuring all the required changes are completed within the Customers time-scale. Development Island will use its best endeavours to ensure the transfer is completed, however, Development Island will not be held liable for inaction by the original domain name owner/administrator.

4. Indemnity

1. The Customer shall indemnify Development Island and keep us indemnified and hold us harmless from and against any breach by the Customer of these terms of business and any claim brought against Development Island by a third party resulting from the provision of services by Development Island to the Customer and the Customers use of the services, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of the Customers breach or non-observance of this Agreement.

5. Credit

1. We are unable to offer any form of credit.
2. If the account/service is activated before payment is made then payment must be sent in full by return.
3. If payment is not made in the following seven day period after setup or monthly renewal the account will be suspended and all DNS services will stop. The account will be deleted from our Server after a futher month.
4. If any sum payable is not paid on or before the due date, Development Island shall be entitled to suspend the provision of services to the Customer.

7. Reselling

1. Direct reselling of our hosting service and resources is prohibited.  Taking payment for hosting third party web sites on our servers constitutes reselling, but web developers and designers purchasing accounts on behalf of their clients is allowed.

8. Bandwidth

1. If the bandwidth reaches a point where it has an adverse affect on other clients Development Island reserve the right to disable the site until the Customer can reduce the bandwidth usage.

1. The bandwidth of our free package is closely monitored for any abuse of the service. If the bandwidth limit is reached in the limit period specified then the site will be disabled until the limit period has elapsed.

9. Setup and use of web space and servers

1. We will endeavour to order the Customers domain and setup the web space within 48 hours of receiving confirmation that the payment has been processed, providing this is a normal business day (Monday to Friday).
2. Commercial use of web and ftp space is permitted.
3. The Customer warrants that they are at least 16 years of age and if the Customer is a company, then the Customer warrants that Development Island's services will not be used by anyone under the age of 16 years.
4. While Development Island will use every reasonable endeavour to ensure the integrity and security of the Server, Development Island do not guarantee that the Server will be free from unauthorised users or hackers and Development Island shall be under no liability for non-receipt or mis-routing of email or for any other failure of email.
5. The Customer will not post, link to or transmit:
1. any material that is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
2. any material containing a virus or other hostile computer program.
3. any material which constitutes, or encourages the commission of, a criminal offence or which infringes anypatent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
6. The Customer will not store on the web space any of the following:
1. illegal material - including copyrighted works, commercial audio, video, or music files, and any material in violation of any UK, European or Local regulation.
2. adult material - includes all pornography, erotic images, or otherwise lewd or obscene content. Also includingany sites which provide hyper links to information about such material or advertising for such material.
3. warez, includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above.
7. The Customer will not use the server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will the Customer authorise or permit any other person to do so.
8. Development Island will not be liable for interruptions of service or downtime of the servers.
9. The Customer will be responsible for the content of the pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law.
10. The Customer will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via the page(s).
11. Development Island reserve the right to remove material deemed inappropriate from the Customer's web pages, without prior notice.
12. If the Customers web site files or scripts stored on one of our servers causes, or Development Island believe that they cause noticeable and detrimental reduction in service for other Customers, then Development Island may immediately remove the file(s) or script(s).
13. Development Island shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or downtime of the Server.
14. We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.

10. Intellectual property rights

1. The Customer must obtain any and all necessary consents and clearances to enable lawful use of all and any intellectual property rights through the Development Island's web hosting, including without limitation, clearance and/or consents in respect of your proposed domain name.

11. Termination

1. If the Customer breaks any of these terms and conditions, Development Island may terminate this Agreement forthwith upon written notice via email.
2. If the Customer is a company and goes into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with the creditors, Development Island shall be entitled to terminate this Agreement forthwith without notice.

12. Limitation of liability

1. Development Island's total aggregate liability to the Customer for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services shall be limited to the charges paid by the Customer in respect of the services that are the subject of any such claim.
2. In any event no claim shall be brought unless the Customer has notified us of the claim within 14 days of it arising.
3. In no event shall Development Island be liable to the Customer for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

13. Law

1. This Agreement shall be governed by and construed in accordance with English law and the Customer hereby submit to the non-exclusive jurisdiction of the English courts.

14. Unacceptable use - these policies are actively and strictly enforced

1. The following are unacceptable uses.
1. Illegality
   In any form, including but not limited to the unauthorised distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material.
2. Undesirable Content
   Certain types of content are not allowed on our network. We do not host adult content of any description.Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware andtrial software is forbidden. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work.
3. Bulk Email
   The use of our network to send bulk email whether opt-in or otherwise, and the use of bulk email to promote a site on our network is strictly forbidden.
4. Misuse Of Resources
   Including but not limited to employing applications which consume excessive CPU time, memory or storage space. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. The use of web cam applications which maintain a constant FTP connection uploading an image at regular intervals is forbidden.
2. If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use.