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Planet Earth Webs Terms and Conditions
Planet Earth Webs, hereafter referred to as “Planet Earth Webs”, "Our", "We",
"PLANET EARTH WEBS ", "PEW".
By
Logging into your account or accessing your domain you, ("the client" aka
"account holder") hereby indicate your acceptance of these terms and conditions.
Terms and Conditions of Service
Planet Earth Webs Provide Web Hosting, Web Site Design, Database system design,
Email services, Hosting and Domain Registration Services as described on our web
site. We reserve the right to refuse service to any company or individual at our
sole discretion. We reserve the right to terminate or suspend your account if
you fail to abide by our Terms and Conditions or Special Terms Use Policy. If
your account is closed all files you have stored on our servers (including Web
Pages and Databases) will be deleted. We reserve the right to quarantine or
delete any file (including email messages) found by our Antivirus Tools to
contain a virus, worm, Trojan or other malicious application.
Server Use
Accessing the database system, you
confirm you have prior authority from The Client
and you accept
total responsibility for all
data, content, protection and changes made
to data. The Client is
both Data Controller and Data Processor.
Further you confirm you have a personal User Name and Password. Use
of a User Name and Password that is not allocated specifically to
you is a breach of terms.The Client, absolves the database system writer of any
responsibility for all data
especially data downloaded by third parties and used for
example in
availability calendars for properties.
You the Client also agree not to copy or allow to be copied, the database,
database system and database structure or other files in whole or part without the
prior permission of Planet Earth Webs. Planet Earth Webs will
provide with 72 hours written notice, a CSV file, or if
required in another format, a file containing the Clients Data.
Web
Hosting and Services Accounts are to be used by the Account holder only. Account
holders are not permitted to resell, sublet, allow access to, store or give away web hosting or
services to other parties. (Unless they have contracted our Reseller Hosting
Plan.) Account holders may not allow third parties to store content on their web
space except where this content forms part of the Account Holders own web site, eg: Banner/Classified Adverts, visitor comments or social media applications, in
such cases the site owner assumes full responsibility for all content their
users publish and must ensure it is not libellous and does not infringe the
copyrights or intellectual property of others.
All
Planet Earth Webs files stored or accessed on the Clients own hosting service remain the property
of Planet Earth Webs, Web
Hosting Accounts & Dedicated Servers must be used in such a way as to ensure
that account holder’s web site does not compromise our servers or network or
affect the provision of service for other customers
Account Holders must take reasonable steps to ensure their Account Details
including Usernames and Passwords are not divulged to any third parties. Account
Holders should never give out their Usernames and Passwords to any third party.
Account Holders must not use their Web Hosting or Dedicated Servers to send
Unsolicited Commercial Email (SPAM). The definition of Spam is the sending of
any unsolicited commercial email to a person who has not requested such message
and/or who has not had a previous business relationship with the recipient. This
definition is irrespective of the volume of messages sent, however we also
forbid the sending of large volumes of unsolicited non-commercial email as this
may compromise the network or servers.
Account Holders should not use their account to impersonate others or attempt to
again unauthorised access to other people's accounts. Any use of our servers for
unlawful activities including but not limited to hacking, perpetrating denial of
service attacks, spamming, spoofing etc. will result in the immediate
termination of the client's account.
Server Content
Planet Earth Webs does not permit any of the following to be stored on its
server
·
Illegal Material - This includes copyrighted works, commercial audio, video, or
music files, and any material in violation of any Federal, State or Local
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 Planet Earth Webs.
·
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, 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.
·
Gaming websites - Includes pirated software, software downloads etc., and
encrypting of any of the above.
·
Any
content which is, racist, sexist, homophobic, libellous, or which incites
violence against another individual, group of people or a commercial or
non-commercial organisation.
·
Content which may be interpreted as Illegal, Money laundering, Tax Evasion,
Child Pornography, Child Exploitation. The designation of this is left entirely
to the discretion of Planet Earth Webs.The client remains wholly responsible for
any content published to the web space or server.
Where the database, database system is hosted by the Client, server or file
access is ABSOLUTELY limited to the Client and no other third party.
Should the Client wish to allow access to his server to a third party, the
Client will notify Planet Earth Webs at least 48 hours in advance, to allow
Planet Earth Webs files to be removed.
Database System - Third Party Use
and Data
Web
applications, Services Accounts are to be used by and for the Account holder only. Account
holders are not permitted to resell, sublet, allow access to, store or give away web
based services to other parties or use the applications for the third parties
web offering or presence. (Unless they have contracted a Software Release Plan.) Account holders may not allow third parties to store content
or data on their web
space except where this content is solely used for the Account Holders own web site.
The Account holder shall not offer to Third Parties
either directly or indirectly the use of "the software" to
store or process the Third Party data, specifically not to sub-let the software
application where the majority of data stored is for the use of the third party
data, even if the data is entered into the Database system by the Account
Holder. Planet Earth Webs does not permit the use of its software by third
parties or use of the software to process record sets on behalf of third
parties.
Planet Earth Webs
accepts no responsibility for any loss of data however caused, but will use best
endeavours to recover from a data loss. Planet Earth Webs is not responsible
for the Client data in any way, and any corruption however caused, including by
the use of a Planet Earth Webs database system, but will use best endeavours to
recover the data.
Data Back-up
Unless previously agreed
Planet Earth Webs does not perform automatic Back-ups of Web Sites Services or
data hosted, it is recommended you maintain your own independent copy of all
your web site files and data on your local computers. In the event that Data
Loss was caused by Planet Earth Webs then we will attempt to restore the data
free of charge if available.
Emergency recovery or Data Back-up is an optional additional service for
Dedicated Hosting and database system Clients, and Data Recovery is included the
Data Back-up service.
Back-ups are held for 30 days. Whilst every effort is made to ensure the
security and integrity of your data stored Planet Earth Webs is not liable for
any loss or corruption of data.
All persons
authorised to use the Database system will be allocated an individual user name
and password, that will also have IP address identification. No user name or
password should be shared. PEW will at any time or instruction by the Client set
up a new user account.
Domain Registration Services
Domains are registered in accordance with ICANN and Nominet rules and
regulations. The Registrant (The Client) must provide true and accurate
information when registering their domain name and notify The Registrar Nominet
of any changes to this information to ensure its continued accuracy. All domains
are registered with ICANN, and REGISTRAR and are subject to their terms and
conditions in addition to our own. Domains are registered and renewed for a
period of 2 years at a time, and while the registration is current the Client
can exercise their rights by application to ICANN at any time.
Transfers in (where a domain registered with a different Registrar is
transferred to Planet Earth Web’s Registrar) and Transfers out (where a domain
registered in Planet Earth Webs’s current Registrar is transferred away from
PLANET EARTH WEBS to another provider.)
Can only be made after at least 60 days have elapsed since the domain was
registered and where there are at least 45 days still to run on the current
registration term. Transfers out are also subject to the "Special Terms and
Conditions". All domain transfers and transfer requests are subject to the
special term and conditions of Planet Earth Webs.
Should a domain not be renewed at least 48 hours prior to its expiry date it
will enter what is known as a “Redemption Period” during this time the domain
cannot be registered by anyone else, however if the client wishes to renew it
he/she must pay the Redemption Fee of £150 plus the regular cost of renewal.
Website Design & Development
All
website design and development work is agreed in advance with the client. The
project proposal will include the details and objectives of the project and its
limits. Once the agreed project objectives have been reached full payment is
due. Payment must be made before publication of the website or new content. We
are not liable for the failure to publish content if the Client fails to provide
correct FTP details, transfer their domain to Planet Earth Webs or point their
Domain Name Servers as directed.
After going live it is the client's responsibility to check the web site and
database for mistakes and omissions and report them back to Planet Earth Webs
within 7 days. Any mistakes or omissions not reported after this time frame will
be billed as updates to the web site.
Web
Sites remain under guarantee, free from bugs and coding errors for a period of 1
year provided it remains hosted exclusively by Planet Earth Webs and that no-one
other than Planet Earth Webs employees or agents carry out modifications to the
website source code.
Planet Earth Webs retain all intellectual property rights to the source code
written for customer websites, the code is licensed to the client for their use
on a single website only. Except where identified in these conditions (includes
but not limited to the "database system")The client owns their site content,
except for images and video that may have been licensed for use, in which case
these images and video remain the property of their respective owners and the
client enjoys a non-exclusive royalty-free right to use said images and videos.
Database Platform
All
websites using the Planet Earth Database System shall comply without exception
to the "Special Terms and Conditions", used to protect our software. This is to
protect our software platform, and all domains using the "Database system" shall
by hosted on the PLANET EARTH WEBS current platform.
Technical Support
Technical Support is available by phone Monday to Friday 10:00 to 17:00 UK time.
Outside these hours or if lines are busy, support is available 24 hours a day 7
days a week via Email and Our Web Site.
Technical Support includes assistance with using our servers and services,
unless your website was produced by Planet Earth Webs and remains under
warranty, it does not include assistance with the design, programming or
debugging of your web site. However, this service is available upon request and
billed at 42 Euros per hour (minimum 1 hour). On-site support is not included
with hosting contracts, in some cases we may be able to provide this service for
an additional fee..
Payment Terms
All
accounts are prepaid in advance. In the case of Recurring Payments, Clients will
need to automatically pay the required amount. (Unless they have previously
cancelled their account.) Should an invoice remain outstanding for more than 5
days beyond its due date then the account will be suspended and may be
terminated without notice. This means that your web site and any data stored on
your server space could be deleted if an invoice is not paid on-time.
Domain Names will not be renewed unless payment for the renewal is received at
least 48 hours prior to the expiry date. If a domain is not renewed in time it
will enter the redemption period (see Domain Registration Services Section
Above).
Payment can be made by cash, cheque or by Bank Transfer. We can accept checks
made out in Pounds Sterling or Euros.
Cancellations and Refunds
Customers may cancel their accounts at any time, though no refunds will be made
for time remaining on the contract. Except during the first 14 days of service
during which you may cancel your web hosting account at any time and request a
full refund provided:
·
You
have not exceeded more than 1GB of Data Transfer
·
You
have not previously held an account with Planet Earth Webs and no other account
has previously been registered to the same street address.
·
You
have not had your account suspended or terminated for breach of our Terms and
Conditions.
If
you cancel your account you will loose any promotional services which were
included with your account. The money back guarantee does not apply to: Domain
Registrations, Renewals or Transfers, Web Forwarding, Domain Aliases, Custom
Programming, Data Restoration.
Disclaimer
The
Client agrees to indemnify Planet Earth Webs against of any damages arising from
the use or misuse of these services.
Planet Earth Webs will not be held responsible for any damages your business may
suffer. Planet Earth Webs makes no warranties express or implied for the
services we provide and we disclaim any warranty or suitability of purpose. This
includes but is not limited to: data loss, domain loss, your web site or email
being unavailable, delays, wrong delivery, service interruptions caused by
Planet Earth Webs its employees suppliers, clients or any third party. Planet
Earth Webs Reserves the right to revise these terms and conditions at any time
without notice.
Continued use of the "Database System" will automatically be deemed acceptance
of there terms.
Clients moving or attempting to "Transfer Out" domains away from PLANET EARTH
WEBS account, outside the defined process within these terms and conditions,
are immediately in default of these conditions.
Terms and Conditions - Default or breach by the Client.
A
Client in default or breach, is breaking any of the terms and conditions in
either the "General" or "Special Terms and Conditions" (as defined). PLANET
EARTH WEBS if requested by ICANN representing "the Client", assist in returning
their domains to any Registrar or account, by complying with the specific ICANN
domain resolution request by ICANN immediately. This process is only started and
by the Client here
https://www.icann.org
. PLANET EARTH WEBS will respond to in the timescales of ICANN.
No
other PLANET EARTH WEBS help or assistance will be offered. This is in a
default or breach situation by the Client, and PLANET EARTH WEBS wishes no
further contact with the Client or their Agents, or their website or data.
Clients risk this without future warning, we cant stress this any more. PLANET
EARTH WEBS database platform is protected to the full extent by your correct
use of the software, and this being your total compliance to these terms and
conditions.
The
client must make their own arrangements with ICANN to move their domain from the
PLANET EARTH WEBS. All ICANN requests will executed in a timely manner.
Planet Earth Webs Special Terms and conditions
Database system ("the software" and "additional software", "database") Database
System Proprietary software These terms and conditions to be read as additional
to the General Terms and Conditions.
The
Client must adhere to these special conditions in full, or "the software"
will be removed. There is no negotiation of these terms and they apply in full.
This is for the protection of our database software.
Where "the software" is utilised on a Client website, to protect "the software"
from being copied deleted or distributed to a third party, the Client agrees to
the following:
You
indicate acceptance of these terms and conditions of service by placing services
and hosting with PLANET EARTH WEBS. These terms and conditions will not be
varied for individual customers. In event of it being necessary to change the
terms and conditions of hosting, you will be considered to have accepted the
changes if any of the following conditions apply. 7 days have passed from the
date that the new terms and conditions were posted, or if you have logged on to
the hosting service and / or database system, and /or continue to do so.
PLANET EARTH WEBS can restrict access to the files available by FTP or other
means or Prevent access to the software available by FTP or other means
In
the event of a client attempting to copy the software, they are deemed to be in
default of this agreement, PLANET EARTH WEBS will remove total access to the
server. The client may reclaim their domain using the ICANN domain recovery
process. PLANET EARTH WEBS will have no part on this process.
PLANET EARTH WEBS is authorised by the Client
to
remove "the software" from the client account.
The
Client agrees that PLANET EARTH WEBS may, from time to time, suspend the Web
Hosting Services at our discretion, or temporarily restrict change access to the
domain and database software by any means PLANET EARTH WEBS chooses, while they
carry out "the software" protection or modification process.
PLANET EARTH WEBS at any time during software upgrades has the right to
temporarily restrict change access to the domain and database software by any
means they choose, to carry out the protection process. On completion the
restrictions will be reversed.
The
Client undertakes not to attempt to transfer the database system files (a list
can be provided on request) until final removal of the PLANET EARTH WEBS software has been confirmed
in writing by PLANET EARTH WEBS . This confirmation has allowed sufficient time
for PLANET EARTH WEBS to remove "the software" from the client domain in a
structured manner and leave the domain in a working build standard.
All
transfer requests will be treated on an individual basis . The client can apply
to ICANN for transfer of the domain at any time. Be aware an ICANN instruction
to transfer the domain will result in immediate file loss from both the website
and database system. PLANET EARTH WEBS undertakes to complete this task, and
make the new files available to the client where possible.
If
the above conditions are applied in any circumstances, PLANET EARTH WEBS
reserves the right to cease services to the Client. In addition to any other
right of termination, PLANET EARTH WEBS may terminate the Clients use of "the
Software" at any time.
The
Client acknowledges and agrees that PLANET EARTH WEBS or its agents, assignees
or licensees may associate, data restrictions of any kind, at PLANET EARTH WEBS
sole discretion, with the Domain Name registered in association with your
services and hosting. This paragraph shall apply to any and all web and database
pages generated by PLANET EARTH WEBS or its affiliates, including but not
limited to 404 error page
The
Client agrees and accepts that for reasons of security PLANET EARTH WEBS will
remove all their files affected by the transfer of a domain name.
History of this document
Created 17th May 2014
Last
previous update 6th April 2016
Last Updated 22nd January 2019
Last Updated 28th March 2019
This Document copyright © Planet Earth Webs 2009-2019 |
