FyfeWeb Advanced Terms of Service

These Terms of Service ("Terms") govern your use of our Websites ("Sites") & Services that are provisioned by FyfeWeb (“the company”, or “FyfeWeb Advanced”). By using or Accessing our sites and services you agree to our Terms of Service and Acceptable use Policy (Collectively, this "Agreement"). Please read this agreement carefully as it states your legal rights, liability limitations and automatic subscription renewals.

Key Definitions: 

"Business Day" means 7 am to 7 pm on any day which is not a Saturday, Sunday or bank or other public holidays in England and Wales. 

"Change in the Law” means any change in any law, enactment, order, regulation, directive, code of practice or other similar instrument occurring after the initial date of the Contract affecting FyfeWeb and suppliers of services which are the same or similar to the Services and which could result in an increase in the cost to FyfeWeb for providing the Services.

“Charges" means the charges payable by the Customer to FyfeWeb in respect of each Service (including any set-up charges) as more particularly described in the Service Agreement and in relation to certain Services (including as to the frequency of payment, the basis on which such charges may be varied (which shall be in addition to any increases in accordance with our payments clause)

 "Commencement Date" means the date on which the Service is first available for use by the Customer as notified to the Customer by FyfeWeb Automated Systems.

“Processing Date” means the date that the order was placed and processed by our team.

"Confidential Information" means all information relating to a party or any aspect of a party's business and products (including operations, plans, market opportunities, customers, knowhow (including designs, processes of production and technology), trade secrets, business methods, databases, and software disclosed to the other party (whether in writing, orally or by any other medium and whether marked as confidential or not at the time of disclosure) and all other information which is or could reasonably be considered to be confidential to a party whether by reason of its content or the method of its disclosure.  

"Contract” or “Agreement” means these Terms of Service together with other legal framework documents, the Service Level Agreement, and any other documents set out or expressly referred to in any of those documents as forming part of the agreement.

“Customer” means the person to whom FyfeWeb is to provide a Service as identified in the Service Agreement

 

1)      Registering for your Account:

1.1)             In order to access our services, you are required to register for an account and agree that you will provide us with accurate, updated and complete information which may be used to contact you.

1.2)             Account Safeguarding: Please safeguard your account and ensure that only you have access to your account and only authorised parties have access to their subaccounts.

2)      Using Our Services:

2.1)             Web-Hosting Services:

2.1.1)  We do not permit any form of discriminative, violent, obscene, aggressive, sexually explicit, extremist, vulgar content or anything else that may be inappropriate or offensive at any time on any of our services.

2.1.2)  Websites Hosted by FyfeWeb must be used in a lawful manner, and the named domain on said account must not forward to another website or domain

 

2.1.3)  All Content stored on our web servers must not contain anything that could cause harassment, alarm, distress or offence etc. to others. We reserve the right to identify what is identified as “Harassment, Alarm, distress or offence”

2.2)             FyfeWeb Communication Services:

2.2.1)  When using our communication services, you are required to agree to:

       Not misuse any communications services

       Not use any profane, obscene, violent & aggressive language on any of our communications services

       Respect other users and staff members at all times, regardless of the situation

       Acceptance of sanctions, for anyone who misuses any communication services or abuses our staff

       Not at any time, overly interact with communication services, with the intentions of degrading server performance, i.e. Email Back-log

2.2.2)  When using our communications services, excluding email, you agree to the monitoring and possible archiving of the content of communications so that we can uphold our legal framework agreement to warn, suspend offenders and permanently ban repeat offenders – This does not apply to any communications that are encrypted.

 

2.3)             Our Mail Communications Services:

2.3.1)  Our mail services are to only be used for lawful purposes.

2.3.2)  Our mail services are not to be used for:

o   Non-Lawful Conduct

o   Violations of any domestic or international law

o   Unlawful Monetary Gains

o   Spam Emailing (Mass Emailing or Emailing without recipients’ consent) 

o Emailing inappropriate, sexually explicit, profane, vulgar, obscene, violent and discriminative content and any Extremist-Related Communications

3)      Your Responsibilities:  

3.1) Only use the content you’re authorised to: You declare that all content stored, transmitted and represented on our servers under your account belongs to you, or consent from the rightful owner(s) has been explicitly stated. We may request this in the event of a copyright or infringement claim.

3.2) Abide by the Law: You represent and warrant your use of our services is not contrary to law, including without limitation applicable export or import controls, regulations & sanctions.

3.3) Sharing Responsibility: Our Systems may allow end-users and clients to publish and share user content to websites and social media. We (“FyfeWeb”) are not responsible for any content shared via those systems

3.4) Compliance with other legal agreements: You must comply with all of our legal agreements within our Legal Framework. You represent and warrant that all sub-accounts, customers (resellers) and content are compliant with our legal framework.

3.5) Your Sites and End-users: Your website may have its own visitors (“Web Visitors”), Customers (“Clients”) & Users (“End-users”) and you acknowledge and agree that they are your responsibility. You are solely responsible for their compliance with any laws and regulations in relation to your Sites & End-users. We are not liable and will not provide legal advice in regards to your sites and end-users.

4)      Third-Party Sites & Services:

4.1) Our Sites may contain links and services which are externally managed. This means their legal agreements may differentiate to the FyfeWeb Legal Framework

4.2) We may use software which may be owned or provided by a third-party vendor or company. As a result, FyfeWeb is not liable for any claims about your usage of said software. (For further indemnification see our dedicated indemnification section of this Terms of Service Agreement.)

5)      Our Rights:

5.1) Important Things We Can Do. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Services and their functionality; (b) we may suspend or discontinue parts or all of the Services; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Services; (d) we may terminate, suspend, restrict or disable access to your Account or parts, some or all of Your Sites; and (e) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).

5.2) How We Handle Ownership Disputes: Sometimes, ownership of an Account or site is disputed between parties, such as a business and its employee, or a web designer and a client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to such owner. Our decision in that respect is final. If we feel that we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, Passport or UK Driving Licence.

5.3) How we handle Copyright, Trademark, Intellectual property Infringement Complaints: In the rare event a FyfeWeb Client is believed to be violating any Copyright Laws. Our Legal Team will investigate the matter accordingly. After the 48-hour Investigations period, we will re-contact the person in question regarding their claim. If we find that a client has violated laws in regards to copyright, we will delete all content believed to be violating laws and the user and their services will be warned/suspended/terminated.

6)      Infringement Compliance: In regards to laws, we comply with copyright laws and we respond to all complaints about copyright infringements in accordance with copyright laws. We respect the intellectual property of others and ask that you also respect them too. We also reserve the right to delete, disable content alleged to be infringing and to terminate the accounts of repeat offenders, without refund.

7)      Server, Site & Staff Misuse and Abuse:

7.1) Clients are responsible for what their subscription submits, stores and presents to the internet and our servers.

7.2)  Any activity which affects the ability of other people or systems to use any services or other Internet services. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the client's responsibility to ensure that their server is configured in a secure manner. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. We will not tolerate any subscriber attempting to access the accounts of others or penetrate security measures of other systems. Furthermore, any attempts to undermine or cause harm to any company servers or customer of ours is strictly prohibited. We hold no responsibility for the use of our clients' accounts. Any account the abuses resources and actions are not taken to desist, calls for immediate deactivation without any refund of payments made thus far. Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms. Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity's computer software or hardware, electronic communications system, or telecommunications system.

We take abuse and fair use of our shared resource facilities very seriously. Should a client’s site/subscription/use of our service produce a considerable amount of load on our Infrastructure and/or becomes excessively resource demanding, the account in question may be suspended pending a resource refresh or service plan upgrade or should a clients use of other shared services, your account may be subject to disablement and/or a suspension from our network/service type until a user’s resource demand can be managed and reduced either by voluntary reduction by the user or server-side enforcement and intervention by our team which will limit some resource usage. Furthermore, Should an Attack/Exploit upon a clients’ site degrade the integrity of our servers, i.e. (D)DoS, will result in immediate disablement of the user website(s). If your plan or service is provided upon a fair use basis, i.e. Game Services Hosting you may be subject to signing and agreeing further agreements provided at any time during your use of our service by FyfeWeb Staff which you agree to not excessively over-use any of our services.

In addition, any data you upload to our servers or services belongs to you. We never own any files at any time during your use of our services. Any data backups can be requested at any time, and they will be delivered to you within one calendar month.

7.3)  Please treat our staff and personnel as you would like to be treated yourself. While we are tolerant and understanding we too are human, please treat us as such. When using our sites, services and interfaces, you agree to refrain from abusive and profane language on our systems, interfaces, public, and private communications. Abuse of our staff in any medium or form will result in the suspension or termination of your services.

7.4) Anyone interacting with our websites/using our services must not use VPNs or Email Generators - or similar services - to send unsolicited spam, malicious content, inappropriate or profane language at any time to our order purchasing platform or support communications services.

8)   Fraud: Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters." Adding, removing or modifying identifying network header information to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute as impersonation. Impersonation involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

9)  Payments:

9.1)  As our services/subscriptions require payments for them to be activated (collectively known as “Paid Services”). FyfeWeb reserves the right to change pricing terms on any accounts and services at any time. While we have little control over third-party licensing where prices can go up outside of our control, we will never increase existing clients web hosting account plan price. However, add-ons such as domains, WHMCS, control panels, IP's, etc. are licensed from third parties and therefore are subject to change including any items currently provided free. New accounts for current customers are subject to the current fees at the time the new account is opened. Paid Services will remain in effect until cancelled or terminated in accordance with this Agreement. You may cancel Paid Services at any time by submitting a cancellation request in our client area. If you don't pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Transaction fees and additional fees may also apply to certain portions of the Services, and we’ll tell you about those fees before charging you. Please note that different Paid Services have different fees and payment schedules and cancelling one Paid Service may not cancel all your Paid Services.

9.2) Domain Registrations: You are also requesting us to register your site for you when selecting "new domain" in the order form of our site. FyfeWeb will register such services for you on your behalf, but it is your responsibility to ensure the correct name servers are set for your domain. All domain registrations are NON-REFUNDABLE. For free domain offers we will transfer domains only after the money-back guarantee period has ended. You, as the registrant of the new domain, are required to ensure correct WHOIS information is maintained always.

9.3) Automatic Subscription Renewals: To ensure uninterrupted service, we'll automatically bill you for Paid Services from the date you submit your initial payment and on each renewal period afterwards until cancellation via our payment processor, PayPal. Your renewal period will be equal in time to the renewal period of your current subscription. For example, if you're on a monthly subscription plan, each billable renewal period will be for one (1) month. We’ll automatically charge you the applicable amount using the payment method you have on file with us. We’ll let you know in advance if you’re purchasing a Paid Service that includes autorenewal payments. You can disable auto-renewal at any time via contacting our team.

9.4) Refunding: While you may cancel any Paid Services at any time, you won't be issued a refund after your 14-day activation period, except in our sole discretion or if legally required. Refunds can also be issued if service is yet to be or hasn’t been provisioned.

9.5) Payment Changes: We may change our fees at any time but only with necessary and valid reasoning. We’ll provide you with advance notice of these fee changes via company communications. New fees may not apply to retroactively registered accounts. If you don't agree with the fee changes, you have the right to reject the change by cancelling the applicable Paid Service at least 10 days before your next payment date.

9.6) Payment Interference: Should you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we reserve the right to appeal and your account may be subject to suspension or termination. If you have questions about a payment made to us, we encourage you to contact our team before filing a Chargeback. We reserve our right to dispute any Chargeback.

10)  Security: You are responsible for any misuse under your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorised access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another system, company, network or server. Sharing your password and account access with unauthorised users is prohibited and you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited and may result in termination of service. You may not attempt to circumvent user authentication or security of any host, network or account. Users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network

11)  Refusal of Service: The company reserves the right to refuse, suspend and terminate services at our discretion.

12)  Disclosure: FyfeWeb will cooperate with law enforcement agencies. We will only disclose subscriber information including assigned IP numbers, account history, account use, etc. to a law enforcement agent or official that provides an authentic court order or lawful request. Any disclosures will be published in a transparency report.

13)   Term and Termination: This Agreement will remain in effect until terminated by either you or us. You may terminate this Agreement at any time via Submitting a Support Ticket with our Legal Team. We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of part or all of the services if you're violating these Terms or our Acceptable Use Policy. We will endeavour to provide you reasonable notice upon suspending or terminating part or all of the Services. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation Your Content, Warranty Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution and Additional Terms.

14)   Warranty Disclaimer

14.1)  Disclaimer: To the fullest extent permitted by applicable law, FyfeWeb makes no warranties, either express or implied, about the Services. The Services are provided “as is” and “as available”. FyfeWeb also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from the company, shall create any warranty. The company makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations, or (c) be free from viruses or other harmful components. However, the company will endeavour to provide the services with reasonable care.

14.2)  Exceptions: Under certain circumstances, some jurisdictions don't permit the disclaimers in Section 14.1, so they may not apply to you. However, the disclaimers apply to the maximum extent permitted by applicable law. You may have other statutory rights and nothing in this Agreement affects your statutory rights or rights under mandatory laws. The duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by applicable law.

15)   Indemnification: To the fullest extent permitted by law, you agree to indemnify and hold harmless FyfeWeb, affiliates and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this agreement; (b) your user content, your sites and your eCommerce; (c) any claims by, on behalf of or against your end-users; (d) your violation of any law or regulation or the rights or good name of any third party. Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement or, where you are an EU Consumer, to the extent that the consequences were not reasonably foreseeable.

YOU ARE NOT ELIGIBLE FOR A REFUND IF YOU MISUSE OUR LEGAL FRAMEWORK IN A SERIOUS MANNER OR IF YOU ABUSE OUR SERVICES OR STAFF IN ANYWAY.

ALL YOUR PROBLEMS CAN BE SORTED OUT BY CONTACTING OUR STAFF. SO PLEASE COOPERATE WITH US IF YOU HAVE ANY PROBLEMS

If any fee isn’t paid within seven (7) days after the invoice date, the client risks the chance of his/her service being suspended and/or terminated without any refund and/or credit. PayPal subscriptions are the responsibility of the client. If the client cancels their product/service, it is their responsibility to cancel their PayPal subscription. FyfeWeb is not liable to refund subscription payments or payments for renewal of services.

 

Last Updated/Revised: 15/07/2019

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