Seiretto general Terms of Service

Terms last updated: 28th January 2019

Definitions:

These terms and conditions shall apply to the agreement between Seiretto Ltd ('We', 'Us' and 'Our'), or any party acting on Seiretto's implicit instructions, and the individual or company applying for the provision of services by us ('the Customer', 'You', 'Your').

Server/virtual server means the computer equipment operated by us in connection with the provision of the Services;

Website means the area on the server allocated by us to the Customer for use by the Customer as a website on the Internet;

Services are website hosting, email, domain name management, or any other service or facility provided by Seiretto to the Customer. 

Dedicated servers are bound, in addition to the terms set out below, by the terms of service as specified within the Dedicated Servers: Terms of service

The relationship entered into between You and Us is governed by these following terms, which shall apply during, and where necessary after, the period of the commercial relationship between You and Us.

1. General

  1. Seiretto do not allow Adult content on any of our shared servers (legal adult content is allowed only on dedicated servers).
  2. Seiretto do not allow Warez, illegal MP3 web sites or IRC Bots.
  3. The Customer may not store more data in the account than the allotted virtual server space.
  4. The Customer's virtual server (inc. FTP and Telnet 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.
  5. 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.
  6. 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 by any of our servers.
  7. The Customer may not run server processes (e.g. talkers/IRC Bots) from the virtual server.
  8. Seiretto shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.
  9. When the Customer account is closed, all files (including web pages, etc.) will be deleted.
  10. Seiretto reserve the right to cancel the Customer account at any time without notice.
  11. Seiretto reserve the right to amend and update these Terms and Conditions at any time without notice.
  12. To protect Customer privacy Seiretto never distributes Customer names or email addresses to any third parties. 
  13. The Customer must not participate in any form of unsolicited bulk emailing or Spam.
  14. As our business is continually evolving we reserve the right to change these terms, conditions and notices under which the Seiretto Services are offered when necessary and without notice to The Customer, including but not limited to the changes associated with the use of Seiretto's Hosting Services.  The Customer is responsible for regularly reviewing these terms and conditions, any changes will be published on the website and will be deemed to have been accepted 7 days after publication.
  15. The Customer agrees to receive one email newsletter (opt-out available) per month from Seiretto in addition to email renewal notices, payment requests, invoices and system additions/updates (opt-out not available as is an integral part of the services purchased).
  16. The Customer's continued use of Seiretto's Hosting Services constitutes agreement to all such terms, conditions and notices.
  17. Technical support is provided to The Customer for all accounts via email and telephone (when available) unless:
    1. renewal fees are overdue.
    2. the support call is deemed "out of scope of normal support" - we reserve the right to determine what constitutes normal support.
  18. Late renewals (defined as later than 10 days before the due date) will attract a levy of 19 UK Pounds in addition to any third-party additional charges.
  19.  Renewal of an item (web hosting account, domain, server, vps, hybrid, or additional item) where "Never-expire" is selected for that item: we will endeavour to renew the item and payment will then be due, however, we can not guarantee the renewal of the item, the responsibility remains with the Customer to check the item is properly renewed on time.
  20. The Customer is indicating acceptance of these Terms and Conditions by ordering online from Seiretto.
  21. This does not affect the Customers 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 Seiretto, subject to the following provisions:
    1. Orders for registration of domain names may not be canceled after the domain name has been registered with the appropriate registrar.
    2. Orders for renewal of domain names may not be canceled after Seiretto has submitted the renewal request to the appropriate registrar.
  2. If the Customer cancels an account, Seiretto will refund any full months paid after the initial three months. Seiretto will not refund any payment made for the first three months of service.
  3. The 7 day money back guarantee does not include domain registration and setup costs.
  4. Cancellation of accounts and/or domain transfer: in all cases a minimum of 30 days notice is required, this notice period must be confirmed and accepted by Seiretto.
  5. In the event of a cancellation of an order by the Customer, under the terms of this provision, Seiretto undertakes to refund any funds paid, less an administration fee of 35 UK Pounds, 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. When you register a new domain name we act as your agent and you enter into a contract of registration with the related register as per the domain extension below:
    1. .co.uk, .org.uk, and .me.uk: http://www.nominet.org.uk
    2. .com, .net, .org, .info: http://www.icann.org/udrp/
    3. .biz: http://www.neulevel.com
    4. .tv: http://www.channelme.tv/guest_termsofuse.html
    5. .ac.uk: eligibility rules for .ac.uk domains
    6. .gov.uk: eligibility rules for .gov.uk domains
    7. .eu: http://www.eurid.eu/

      The registration and use of the Customers 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. We do not offer warranty that any domain name will not infringe the rights, including the rights in trademark, of any third party, and in all such cases you will indemnify us against any such infringements.
  4. Seiretto will not be obliged to take part in any domain name disputes between the Customer and any other person.
  5. On new hosting accounts that include a free domain name (only applies to specified domain extensions) the initial domain name registration fees are paid by Seiretto, the Customer must pay all future renewals at least 10 days before the due date; reminders will be sent via email to the email address as specified in our members area approximately 30 days before payment is due.  If the required funds are not received by Seiretto within the given time scale the domain name registration shall expire and Seiretto will not be held liable.
  6. You are entirely responsible for ensuring your domain names are renewed on time (reminders will be sent via email to the email address as specified in our members area approximately 30 days before due). If a domain name expires Seiretto will not be held liable, or if the main domain for any hosting account is transferred away then in either case the related web hosting account will be deactivated and removed (unless, in some cases, there are other active domains pointing to the web hosting account).
  7. Where a pre-registered domain name is transferred to Seiretto the Customer is responsible for initiating the transfer and ensuring all the required changes are completed within the Customers time-scale.  Seiretto will use its best endeavours to ensure the transfer is completed, however, Seiretto will not be held liable for inaction by the original domain name owner/administrator.
  8. Methods to transfer a UK domain from Seiretto:
    • Provided Seiretto receives notice at least 60 days before the renewal of the domain and/or web hosting account is due, whichever is the sooner.  An administration fee of 19 UK Pounds, plus any additional charges made by Nominet, will be due prior to transfer.
      The request MUST be received and confirmed by us via a formal Support request sent in the correct manner as detailed here: http://www.seiretto.com/Support/
      Then we will then transfer the domain to your specified domain registrar.  Seiretto have NO further involvement.
  9. Methods to transfer a TLD domain from Seiretto where Seiretto are the current Administrator contact (the domain must have been registered with its current registrar for at least 60 days):
    • Providing the Customer informs us of the new Administrator contact for the domain 60 days BEFORE the renewal date of the domain and/or web hosting account, whichever is the sooner and there is an administration fee of 19 UK Pounds.
      The request MUST be received and confirmed by us via a formal Support request sent in the correct manner as detailed here: http://www.seiretto.com/Support/
      Then we will change the Administrator contact to this new contact, unlock the domain and provide you with any necessary authentication codes.  This new Administrator is then responsible for ALL changes required to transfer the domain.  Seiretto have NO further involvement.
  10. Public sector domain names (.ac.uk and .gov.uk) if a domain has been transferred-in then transferred-out or cancelled before the domain registration renew has been completed and paid for with us, an administration fee of 149 UK Pounds will be levied on the account.  Where the domain is transferred-in and out again within 7 days no charges apply as this is within our 7 day money back guarantee.

4. Indemnity

  1. The Customer shall indemnify Seiretto 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 Seiretto by a third party resulting from the provision of services by Seiretto 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 allow 30 days (from the date of renewal, not the invoice date) to our existing clients when invoices are selected to be paid via bank transfer only; if the 30 days credit (or part thereof) is taken and later paid by credit card we reserve the right to reclaim the credit card charges, and the allowed 30 days credit will be set to zero days.
  2. No credit is offered to new clients.
  3. If the account/service is activated before payment is made then payment must be sent in full by return, unless credit applies.
  4. If the account is cancelled or suspended and is later reactivated, an administration fee of 35 UK Pounds is levied on the account.
  5. If any sum payable is not paid on or before the due date, or within 30 days (where credit applies), Seiretto shall deactivate the account(s) and/or suspend the provision of services to the Customer forthwith and shall allow any related domains to expire, and the allowed 30 days credit will be set to zero days.

7. Reselling

  1. Reselling is only allowed through our Designer accounts.  Direct reselling of any other accounts 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 Seiretto reserve the right to disable the site until the Customer can reduce the bandwidth usage.
  2. The Customer must monitor bandwidth usage and if this will be exceeded in any month then the Customer MUST contact support and agree to upgrade or purchase additional bandwidth; if the Customer has not contacted support through the standard support channel and the account exceeds the allotted bandwidth in any given month the related web site will be suspended.

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; however, any file stored on the Server must be reachable via a hyper link from a page on the hosted domain.
  3. The Customer warrants that they are at least 18 years of age and if the Customer is a company, then the Customer warrants that Seiretto's services will not be used by anyone under the age of 18 years.
  4. While Seiretto will use every reasonable endeavour to ensure the integrity and security of the Server, Seiretto do not guarantee that the Server will be free from unauthorised users or hackers and Seiretto 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 offense or which infringes any patent, 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 commercial audio, video, or music files, and any material in violation of any UK or European or Local regulation, copyrighted works (audio and video downloads may only be hosted if you are the creator/copyright owner of the work).
    2. adult material - includes all pornography, erotic images, or otherwise lewd or obscene content.  Also including any sites which provide hyper links to information about such material or advertising for such material (legal adult content is allowed only on dedicated servers).
    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. Seiretto 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. Seiretto 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 Seiretto believe that they cause noticeable and detrimental reduction in service for other Customers, then Seiretto may immediately remove the file(s) or script(s).
  13. Seiretto shall use our reasonable endeavours to make available to the Customer 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, and the Customer will be notified of the reason
    1. if the suspension is due to infected or compromised scripts then there will be no charge for the first reactivation; further reactivations are chargeable (see section 5.iv of these terms) if made within the same 30 day period.
  15. Shared servers:
    1. processing capacity: the Customer is only allowed to use a maximum of 5 per cent of the server processing capacity when using the Hosting Service package you order. We may allow your usage to exceed this limitation, but only at our absolute discretion, and we will speak to you about your hosting requirements if your usage has, or may have, a detrimental effect on our other customers.
    2. web space allocation is provided for your data which must be linked into web pages and is not used as a backup of, or repository for, your data;
      you must maintain good housekeeping of your data.
    3. remote third-party services:  we can not guarantee the interoperability and connectivity with remote third-party services, including, but not limited to, remote web and mail services such as API and SMTP on our shared servers.  Support is only provided where a first-response-fix is possible - where our first reply could/will correct the issue (full support and guaranteed interoperability/connectivity is only provided on Dedicated and Hybrid servers).

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 Seiretto's web hosting, including without limitation, clearance and/or consents in respect of the Customers proposed domain name.

11. Termination

  1. If the Customer breaks any of these terms and conditions, Seiretto may terminate this Agreement forthwith and may issue legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and may take further legal action against you; and/or disclose information to law enforcement authorities as we reasonably feel is necessary.

  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, Seiretto shall be entitled to terminate this Agreement forthwith without notice.

12. Limitation of liability

  1. Seiretto'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 Seiretto 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.
  4. In the event you upload unacceptable content or intentionally send bulk emails (see section 14.i.a, 14.i.b and 14.i.c below) you shall indemnify Seiretto and keep us indemnified and hold us harmless from and against such a breach and any claim brought against Seiretto by a third party resulting from such unacceptable use, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred.

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 (legal adult content is allowed only on dedicated servers). Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if the Customer is the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden.  Audio and video downloads may only be hosted if the Customer is the creator and copyright owner of the work.
       
    3. Bulk Email - there is a zero tolerance policy on sending unsolicited email, in the event that any account is deliberately used for this purpose, the account will suspended. However, for confirmed opt-in email lists then the following applies:

      1. Dedicated Servers: no limits
      2. Designer accounts: opt-in email lists are allowed, but must comply with the details given here: http://www.seiretto.com/Support/operating-a-mailing-list/
      3. Starter, Small Business and Premier accounts:
        - Webmail: 50 emails per day
        - Via an email client (eg. Outlook): no limit apart from a maximum of 100 recipients per message
        - Mailing list: limited to 2500 users per list.- use multiple times, but must also comply with the details given here: http://www.seiretto.com/Support/operating-a-mailing-list/
        - Scripts (PHP and ASP) running on the web servers are limited to 1000 emails per 12 hours, but must also comply with the details given here: http://www.seiretto.com/Support/operating-a-mailing-list/
         
    4. Misuse Of Resources (excluding dedicated servers)
      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. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum. The use of web cam applications which maintain a constant FTP connection uploading an image at regular intervals is forbidden.
       
  2. If the Customer is unsure about content the Customer intends to place on our network, please check with us before uploading such content.  We reserve the right to determine what constitutes acceptable use.

15. Members area and security of our systems

  1. information collected during the Customer login
    1. Cloaking software and/or anonymous proxies - if the Customer logs in using one of these methods to intentionally deceive Seiretto, we reserve the right to cancel the Customer account without notice.
       
    2. In addition to data entered intentionally by the Customer Seiretto record the IP address (Internet protocol address) and other unique identifiers.
       
    3. Business progress may dictate we might sell or buy partners or assets.  In such transactions customer information generally is one of the transferred business assets.  In the event that Seiretto are acquired, customer information will be one of the transferred assets.
       
  2. The Customer contact details
    1. The Customer must ensure Seiretto has current contact details (physical address, email address and telephone number).  Seiretto use these details to inform the Customer when renewals are due and Seiretto can not be held responsible if the Customer fails to receive renewal notifications via email.

16. Force Majeure

  1. Seiretto shall have no liability to the Customer in respect of anything which, apart from this provision, may constitute a breach of this Agreement arising by reason of force majeure which means, circumstances beyond Seiretto's reasonable control including acts of God, acts of any governmental or supra-national authority, war or national emergency, riots, civil commotion, fire, unauthorised use or access to the IT systems, explosion, flood, epidemic, strikes and other industrial disputes (in each case, whether or not relating to us), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions.




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