TERMS & CONDITIONS




Terms & Conditions

Our terms and conditions regarding web development, hosting, custom software development and eCommerce (online shops) are outlined below.

Web Development and Hosting

IceStar Media Ltd. referred to in this agreement as the Provider having its principal place of business at Business and Technology Centre, Bessemer Drive, Stevenage, Hertfordshire, SG1 2DX.

Domain Renewals: A reminder to renew a domain name will be sent 30 days prior to the renewal of the domain. There is no refund for domain name renewal/registration after payment has been made. If a Client wishes to terminate a domain 30 days advance notice for account cancellation is required otherwise the full renewal fee will be due. The Provider will only act in the capacity of an agent to advise and register domain names and hosting services on behalf of the Client and cannot guarantee that any domain name investigated and/or registered on behalf of the client will be available in perpetuity.

Web Hosting: Hosting will be provided with a 96% uptime minimum, limited to services and internal infrastructure. The Provider is not liable for a breach of contract where the outage is down to items out of our control including all routers between the client/customer and the hosting, utility company issues, terrorism, vandalism and other acts of God.

Web Editing: The Provider does not accept liability for any loss of earnings, data/content loss or business interruption caused by the Client editing/changing/deleting their own website. In the event of such the Client agrees that a maintenance fee will be applicable to rectify the situation and allow up to 4 working days to replace any missing content or web pages.

Late Payments: There is no refund for hosting/domain name renewal/registration after payment has been made. The Client is required to provide 30 days advance notice for account cancellation. This Agreement shall take effect on the date stated above, and shall remain in effect until all obligations under this Agreement have been properly completed. Delays in the resolution of issues that are not caused by the Provider will not result in us waiving costs or providing refunds. The Provider reserves the right to suspend a product/site/service to the Client with unsettled or overdue accounts after 60 working days. Written notice will be provided after 30 days to notify the Client of the imminent suspension of all services unless all outstanding fees are settled within 60 working days. The Provider will charge the Client for any interest charges, banking fines and other fees, including bounced cheques, and/or the recovery of any outstanding debt(s), incurred as a result of continued non-payment by the Client after a period of 60 working days.

Technical Support for Hosting Only: During the term of this Agreement, the Provider is responsible for:

(i) Responding to technical queries from the Client regarding use of service within two working days;

(ii) Delivering important notices/advisory (if any) regarding critical disk space usage, server maintenance and downtimes.

Disk Space: The Provider will monitor the Client’s disk usage and if it exceeds the usage agreed upon as part of the package the Provider shall have the right to take corrective actions. Such corrective actions may include assessment of additional charges, discontinuance of service, or termination of this Agreement.

Email Provision and Limitations: The Provider may include an email account(s) as part of the Client’s hosting package. The Provider will supply the Client with a username and password for each individual account required as well as POP3 details. Subsequent email accounts outside of the agreed hosting package will be subject to a set-up fee per number of email accounts required. The Provider will supply access to email over POP3 and IMAP only. A web mail portal may also be provided at the Provider’s discretion, with no guarantees of availability. Should the Client choose IMAP to access their email a 500MB total usage limit will be applied across all accounts. If this limit is exceeded remedial action may be taken by the Provider and service discontinued at no liability. No service guarantee is provided with respect to the provision of email, downtime, unavailability, business interruption, third-party firewall blocks/denial, loss of data and personal/business files etc, and is solely at the Client’s risk. The Provider will not provide IT support or assistance in the setting up of any email clients or email software packages for the Client other than the provision of a basic email set-up guide which may or may not be compatible with the Clients PC/Laptop/Apple/Mobile Devices.

Search Engine Rankings/Performance: The Provider cannot and will not guarantee the placement or rankings of a website developed for the Client on any of the search engines and site launches will not include any pay-per-click adverts or subscription based guaranteed listings, unless otherwise agreed as part of the package.

Chat Rooms: Running and linking to IRC servers or IRC bots and clients such as Eggdrop, BitchX, ircii, etc., is strictly prohibited.

Background Programs: Programs running in the background are not permitted.

Resource Usage: To maintain the integrity of our shared hosting services, we have several special per-user resource limits in place. These include, but are not limited to:

– Memory Limitations:
A Client using shared hosting services will be able to use only a certain portion of the total available memory on the server.

– CPU usage limitations:
Scripts that take too much real CPU time will be terminated.

– Simultaneous script execution limitations:
The Client will be able to run only a certain amount of CGI scripts simultaneously. Whenever this limitation is triggered, execution of subsequent CGI script requests via the web will be delayed.

Proxy Software: We do not allow running of proxy software on our servers.

Server: Our servers have a battery backup and emergency generator power, a climate controlled environment, and 24 hour, 365 day monitoring.

Intellectual Property Rights: Materials, accessible to the Client through the Provider’s services, may be subject to protection under United Kingdom or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when exclusively permitted by the owner of such rights, the Client may not use the Provider’s services in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which the Client accesses or receives through the Provider’s network. If the Client uses a domain name in connection with the Provider’s service, he/she may not use that domain name in violation of any third party trademark, service mark, or similar rights.

Osiris

The Osiris Content Management System and Application Framework including all modules, features and functionality are the property of IceStar Media Ltd unless otherwise agreed. A licence to use the system is provided as a part of the contract, no guarantee is provided that the Osiris system can or will be transferred off of IceStar Media’s servers should this contract be terminated. The Client is specifically prohibited from selling, re-selling, licensing, transferring, claiming ownership of or providing Osiris in any form to any third party outside the provision of the service set-up in this contract without prior consent from IceStar Media Ltd.

Unacceptable Content: All services provided by the Provider may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom or International trade laws 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 Client agrees to indemnify and hold harmless the Provider and its employees from any claims resulting from the use of the service, which damages the subscriber or any other party.

Examples of unacceptable content or links:

– Pornography and sex related merchandising, including third party links to adult content;
– Pirated software or MP3 files;
– Hacker programs or archives;
– Spamming software;
– Warez sites.

The Provider will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to the Provider or any other server on the Internet. Links to such materials are also prohibited. The Provider reserves the right to refuse or discontinue service if the Client is found to engage in any conduct or activities that the Provider in its sole discretion believes in violation of any of the terms and conditions in this agreement. The Provider shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Use of the service is at the Client’s sole risk. The Provider is not responsible for files and data residing on the Client’s account. The Client agrees to take full responsibility for files and data transferred and to maintain all appropriate back up’s of files and data stored on the Provider’s servers.

Content Management: The development of any products and/or publication of a website designed and delivered by the Provider do not constitute an endorsement of the individual, company, product or service requesting the services of the Provider. The Provider will not be liable for the failure of content, products or any materials or graphics to be published on any specified date, time or location. All materials supplied by the Client to the Provider for publication will not be shared, recreated or redistributed. Logos, images, designs and content created by the Provider or bearing the name IceStar Media Ltd, Osiris, Osiris E-Commerce or Osirs4Business, displayed both on-line and off-line may not be reproduced or redistributed in part or whole in any format or media without prior consent from the Provider.

Marketing and Promotion: The Provider reserves the right to demonstrate websites designed/re-designed and developed by themselves for their own promotional purposes both through online and off-line marketing communications unless otherwise agreed with the Client.

Network Security: Clients may not use the Provider’s network in an attempt to circumvent user authentication or security of any host, network or account. This includes but is not limited to accessing data not intended for the Client, logging into a server or account the Client is not exclusively authorised to access, password cracking, probing the security of other networks in search of weaknesses, or violation of any other organisation’s security policy. Clients may not attempt to interfere or deny service to any user, host or network. This includes, but is not limited to flooding, mail bombing or other deliberate attempts to overload or crash a host or network. The Provider will fully cooperate with investigations of violations of systems or network security. This also includes cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

FTP Access: FTP file transfer access is not permitted on the Provider’s servers. Should a Client wish to update any content or materials on the Provider’s servers the Client is requested to email the Provider the materials and an hourly fee will be charged to update the required content. Server/FTP access will not be granted to the Client or any Third parties at any time for security purposes.

Sites with Banners, Graphics or CGI’s running from their Domain used on other Domains: The employment of services such as Link Exchange or a CGI host by the Client will require any sites your exchange ads with to display your ad on their server. Not only will not abiding to this guideline cause your site to load slowly, you will be responsible for the data transfer used in this process.

Spam/Unsolicited Email: The Client may not use the Provider’s email server, network, or equipment in connection with the transmission of spam, flames, mail bombs, or similar unsolicited email messages. The Client’s domain may not be referenced as originator, intermediary or reply-to address in any of the above. This prohibition fully extends to sending of unsolicited mailings from another service that in any way mentions your domain name or implicates the use of our network equipment or email services. A message is considered unsolicited if it is posted in violation of a newsgroup charter, or if it is sent to a recipient without his/her prior consent. For purposes of this provision, merely making one’s e-mail address accessible to the public will not constitute a request or invitation to receive messages. In case sufficient evidence is presented about any violation of this provision, the Provider reserves the right to disable the Client’s account without prior notice. For the purpose of acquiring such evidence, the Provider will use various techniques, including but not limited to: closely inspecting all spam reports sent to us, searching the logs of our mail servers, and scanning the server space for popular “spamming” applications. The Provider will be the sole arbiter as to what would be considered sufficient evidence.

Lost Login/Email Account Information: Once supplied by the Provider, the Client is responsible to keep a record of all usernames and passwords for their sites and email login information where relevant. Should the Client lose any of the above, he/she can request it to be reset by contacting the Provider. The Provider is not responsible for the storage of any account/email login details and requests to provide or reset login requests will be responded to within 4 working days.

Abuse: Any attempt to undermine, slander, libel, threaten or cause harm to the Provider’s customers, employees and property, or to the company directly, is grounds for immediate termination. In addition, any such attempts will be prosecuted to the fullest extent of the law.

System and Network Abuse:

Server Abuse:
Any attempt to undermine, compromise the security of, or otherwise cause harm to the Provider’s servers or customer accounts is strictly prohibited.

Refusal of Service:
The Provider reserves the right to refuse, cancel, or suspend service at our sole discretion. The Provider reserves the right to refuse hosting for insecure applications that could be, for instance, utilised by an attacker to gain unauthorised access to the server and/or execute applications.

The Client is responsible for keeping their applications up-to-date, checking for security issues with the application vendor, and updating to the latest secure version that is available. In the event that an insecure application is installed on the hosting account of the Client, the Provider reserves the right to disable access to it, or, if deemed necessary, to the hosting account in its entirety. This will be with the exclusive purpose of preventing damage to the Client and to the other customers hosted on the same server, and may be done with or (in case of emergency) without prior notice. The Provider reserves the right at its sole discretion to refuse or cancel service. Violation of any of our Terms could result in a warning, suspension, or account termination. Submitting fake personal information can also be grounds for suspension or termination.

Limitation of Liability: The Provider shall not be responsible for any business interruption, claimed damages, including incidental and consequential damages, which may arise from the Provider’s servers going off-line or being unavailable for any reason whatsoever. Furthermore, the Provider 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 our servers. All damages shall be limited to the immediate termination of services, failure to follow any term or condition may be grounds for immediate account deactivation.

The Provider cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which the Client would have gained if their site were functioning. The Provider, at its sole discretion, may change these terms and conditions at any time. By using our services the Client agrees that we may: (1) revise these Terms and Conditions; and (2) change the services provided. Any such revision or change will be binding and effective immediately on posting of the revised terms or change to the service(s) on our website, or on notification to the customer by email. The Client agrees to review the Provider’s website, including these terms, periodically to be aware of any such revisions. If the Client does not agree with any revision, he/she may terminate the services at any time by notifying us by email or via post at the address provided at the top of this document. Notice of the Client’s termination will be effective on receipt and processing by the Provider. The Client agrees that, by continuing to use the Provider’s services following notice of any revision to this Agreement or change in service(s), he/she abides by any such revisions or changes.

The content available through this site is the sole property of the Provider and may be protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, the Provider owned content received through this site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this site to anyone, including but not limited to others in the same company or organisation without the Provider’s prior written consent.

Application of dispute policies, the Provider will not be liable for any indirect, special, incidental, or consequential damages of any kind, including lost profits and estimated revenue and profits, regardless of the form of action, whether in contract, Tort (including negligence), or otherwise, even if the Provider has been advised of the possibility of such damages. In no event shall the Provider’s maximum aggregate liability exceed the total amount paid by the reseller for the disputed service.

Termination: This Agreement may be terminated by any of the parties at any time by submitting 30 days written notice stating reasons for such action. The Client must provide a minimum of 30 days notice if the Client wishes to terminate service. If less than 30 days of notice is given, additional charges may be assessed, covering 30 days of service from the time of termination notice.

If the Client wishes to terminate this agreement the Provider cannot guarantee the transfer of the existing website design, content, images or data to a new provider.

By entering into this agreement, (i) you acknowledge that you are an adult (18 years or older), (ii) you are legally eligible to enter into a contract at this time, (iii) you have read and understand the Terms and Conditions outlined in this agreement, and (iv) you agree to be bound by the Terms and Conditions in effect and as updated by the Provider when necessary. In addition, by placing an order for the services, you acknowledge that the Provider will commence processing such order and will immediately incur expenses and obligations for which you will be responsible.

If you do not agree to be bound by the Terms and Conditions, you may not use our hosting services and you should not sign this agreement. The Provider is under no obligation to provide service to individuals or businesses unwilling to be bound to this agreement. The Terms and Conditions are subject to revision by the Provider at any time without notice.

eCommerce Support Terms and Conditions

IceStar Media Ltd. referred to in this agreement as the Provider having its principal place of business at Business and Technology Centre, Bessemer Drive, Stevenage, Hertfordshire, SG1 2DX.

Any support tickets not used within a given month cannot be carried forward to the next month.

If monthly requirements exceed the quota, the Provider can complete support tickets at a standard rate (please refer to individual support contracts) or revise the contract to provide more built in tickets on a different pricing plan.

A response to a ticket is at minimum an identification of cause, and a workaround until a tested fix is in place. Typically the Provider would expect to provide a complete fix. However if adequate information is not provided to allow us to identify and reproduce the problem we do not guarantee any turnaround time. Therefore our support desk will work with the Client to ensure that the problem is narrowed down in all instances.

All ticket schedules apply to working days defined as Monday through Friday 9:00 am to 5:00pm, excluding weekends and UK public holidays.

Support tickets do not cover enhancements, however, they do cover problems and provide assistance and advice. General advice can be given outside of the ticket system, at our discretion.

From time to time we may take on enhancements under a support ticket at no extra charge to the client where it makes sense to do so and where the change will benefit all clients.

This service agreement does not include other software or other items developed or deployed by a third party and only covers products developed and deployed by the Provider at their hosting facilities.

Delays in resolution of issues that are not caused by the Provider will not result in the Provider waiving costs or providing refunds.

The Provider reserves the right to contract the services of a third party to cover sickness or leave.

This agreement only encompasses the software, hosting and related support as outlined and does not make provision for, nor will the Provider be liable for any lost revenue whether proven or posited by the client or other parties.

The Provider reserves the right to switch the installation to maintenance mode without warning in response to a problem being raised, or a problem being discovered by our own engineers that might risk the data integrity of your installation. Typically we will adhere to agreed outage times with the Client, which the Client must provide.

As standard our cover is daytime, weekday support from Monday to Friday 9:00am to 5:00pm. The Provider understands that the nature of this environment is that changes and fixes may be required over the weekend or out of hours. If a serious fault is encountered late on a Friday, there would be a requirement on the Provider to get the issue resolved over the weekend. However, that cover is only provided for “24 hour or less” tickets, or it may result in an additional charge. Any other support ticket values will not apply to weekends unless by prior agreement with the Provider.The Provider does not accept liability for any loss of earnings caused by a Client editing or changing their own data. In the event of such a data change the client may log a support ticket for advice and assistance.

The Client accepts that full copyright ownership of all materials supplied to the Provider for publication on behalf of them, is their own or that appropriate permissions for the use of the material have been obtained. All material for publication is accepted on the express condition that the supplier of the material warrants that it does not contravene any relevant Trade Descriptions legislations. Should the client access their administration area and add/amend/delete products or content, or grant third party access to their website they do so under the express condition that any errors, omissions and subsequent issues caused as a direct result of these changes are their responsibility.

The Provider will only develop and publish products for lawful purposes and the Provider will not be liable for the publication or transmission of information provided by the Client that infringes UK or International laws or regulations or third party rights. The Client accepts full responsibility for all material supplied to the Provider and published on their behalf.

The Provider reserves the right to demonstrate websites designed/re-designed and developed by themselves for their own promotional purposes both through online and off-line marketing communications, unless otherwise agreed.

The development of any products and/or publication of a website designed and delivered by the Provider do not constitute an endorsement of the individual, company, product or service requesting the services of the Provider.

The Provider will not be liable for the failure of content, products or any materials or graphics to be published on any specified date, time or location.

All materials supplied by the client to the Provider for publication will not be shared, recreated or redistributed.

Logos, images, designs and content created by the Provider or bearing the name IceStar Media Ltd, Osiris, Osiris E-Commerce or Osirs4Business, displayed both online and off-line may not be reproduced or redistributed in part or whole in any format or media without prior consent from the Provider.

Limitation of Liability: The Provider shall not be responsible for any business interruption, claimed damages, including incidental and consequential damages, which may arise from the Provider’s servers going off-line or being unavailable for any reason whatsoever. Furthermore, the Provider 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 our servers. All damages shall be limited to the immediate termination of services, failure to follow any term or condition may be grounds for immediate account deactivation.

The Provider cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which the Client would have gained if their site were functioning. The Provider, at its sole discretion, may change these terms and conditions at any time. By using our services the Client agrees that we may: (1) revise these Terms and Conditions; and (2) change the services provided. Any such revision or change will be binding and effective immediately on posting of the revised terms or change to the service(s) on our website, or on notification to the customer by email. The Client agrees to review the Provider’s website, including these terms, periodically to be aware of any such revisions. If the Client does not agree with any revision, he/she may terminate the services at any time by notifying us by email or via post at the address provided at the top of this document. Notice of the Client’s termination will be effective on receipt and processing by the Provider. The Client agrees that, by continuing to use the Provider’s services following notice of any revision to this Agreement or change in service(s), he/she abides by any such revisions or changes.

The content available through this site is the sole property of the Provider and may be protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, the Provider owned content received through this site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this site to anyone, including but not limited to others in the same company or organisation without the Provider’s prior written consent.

Application of dispute policies, the Provider will not be liable for any indirect, special, incidental, or consequential damages of any kind, including lost profits and estimated revenue and profits, regardless of the form of action, whether in contract, Tort (including negligence), or otherwise, even if the Provider has been advised of the possibility of such damages. In no event shall the Provider’s maximum aggregate liability exceed the total amount paid by the reseller for the disputed service.

Termination: This Agreement may be terminated by any of the parties at any time by submitting 30 days written notice stating reasons for such action. The Client must provide a minimum of 30 days notice if the Client wishes to terminate service. If less than 30 days of notice is given, additional charges may be assessed, covering 30 days of service from the time of termination notice.

By entering into this agreement, (i) you acknowledge that you are an adult (18 years or older), (ii) you are legally eligible to enter into a contract at this time, (iii) you have read and understand the Terms and Conditions outlined in this agreement, and (iv) you agree to be bound by the Terms and Conditions in effect and as updated by the Provider when necessary. In addition, by placing an order for the services, you acknowledge that the Provider will commence processing such order and will immediately incur expenses and obligations for which you will be responsible.

If you do not agree to be bound by the Terms and Conditions, you may not use our hosting services and you should not sign this agreement. The Provider is under no obligation to provide service to individuals or businesses unwilling to be bound to this agreement. The Terms and Conditions are subject to revision by the Provider at any time without notice.