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REFUNDS

If for any reason you are not satisfied with the hosting services provided, we offer a full money back promise. Simply cancel your hosting plan within the first thirty days of service and we will refund your money.

SD2001 Terms & Conditions Agreement

1. Term and Payment for Services
2. Use of Service
3. Enforcement
4. Intellectual Property Rights
5. Warranty; Warranty Disclaimer
6. Limitation and Exclusion of Liability
7. Indemnification
8. Miscellaneous
9. Domain Name Registration

You must accept the terms of this Agreement in order to use the services.

NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.

SD2001 reserves the right to change or modify any of the terms and conditions contained in this agreement, any addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the SD2001 website. Your continued use of services following SD2001's posting of any changes or modifications will constitute your acceptance of such changes or modifications.

1. TERM AND PAYMENT FOR SERVICES

1.1. Term

This agreement shall be for an "Initial Term" as chosen by you in the "Order Form" located on this website at the time you register for the services. This agreement will be automatically renewed (the "Renewal Term") at the end of the "Initial Term" for the same period as the "Initial Term" unless you provide SD2001 with notice of termination thirty (30) days prior to the end of the "Initial Term" or the "Renewal Term".

1.2. Termination Policy

If you terminate your receipt of the services prior to the end of the "Initial Term" or the "Renewal Term", whichever is then applicable, (a) SD2001 will not refund to you any fees paid in advance of such termination and (b) you shall be required to pay 100% of SD2001's standard monthly charge for each month remaining in the term, unless otherwise expressly provided in this agreement. Notwithstanding the foregoing, if you terminate your receipt of "Shared Hosting Services" prior to the end of the first thirty (30) days of the "Initial Term", you are entitled to a refund of the fees you paid in advance for the monthly services, not including any setup fees. Your termination request or notice must be submitted to SD2001 in the manner described in Section 1.1. SD2001 may terminate this agreement at any time and for any reason by providing to you written notice thirty (30) days prior to the date of termination. If SD2001 terminates this agreement, SD2001 will refund to you the pro-rata portion of prepaid fees attributable to services (excluding setup fees) not yet rendered as of the termination date unless otherwise expressly provided in this agreement. If termination was enforced to due violations that result in damages or fees assigned to SD2001 on your behalf, no refunds shall apply and you will be held liable for such fees.

1.3 Default and Cure

In the event that either party hereto defaults in the performance of any of its material duties or obligations under this agreement, including failure to make any payments due under this agreement, and such default is not cured within five (5) days after written notice is given to the defaulting party specifying the default, then the party not in default, after given written notice thereof to the defaulting party, may terminate this agreement.

1.4. Charges

You agree to pay for all charges attributable to your use of the services at the then current SD2001 prices.

1.5. Payment

All charges for services must be paid in advance according to the then current prices applicable to the services. Upon entering this agreement, you must choose to pay either by Cheque, Paypal or Direct Bank Payment. SD2001 may also create periodic invoices for any applicable supplemental charges associated with your use of the services. You agree to pay to SD2001 the amount indicated in each invoice by the due date reflected on that invoice. If you fail to pay any fees by the applicable due date for invoice payments, the responsibility for recovery of the money will be transferred to a debt recovery agency. We understand and will exercise our statutory right to interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms. (Late Payment of Commercial Debts (Interest) Act in 1998). In addition, your failure to fully pay any fees within five (7) days after the applicable due date will be deemed a material breach of this agreement, and SD2001 may, in addition to any other remedy it may have: (i) suspend its performance of the services and/or terminate this agreement; and/or (ii) At the time of such nonpayment, SD2001 may, delete any and all content from the SD2001 servers. Any such suspension or termination of the services would not relieve you from paying past due fees plus interest. Cheques returned by the bank as unpaid for any reason will attract a "returned cheque" charge of £25 and your account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay us reasonable expenses incurred by us in enforcing these Terms and Conditions, including but not limited to legal fees and costs for collection by third-party agencies.

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2. USE OF SERVICES

2.1. Applicable Use Policy

The SD2001 "Acceptable Use Policy" (the "Usage Policy") governs the general policies and procedures for use of the services. The "Usage Policy" is posted on SD2001's Web site (or such other location as SD2001 may specify) and may be updated from time-to-time. YOU SHOULD CAREFULLY READ THE USAGE POLICY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE USAGE POLICY AND ANY MODIFICATIONS. SD2001 RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT.

2.2. Material and Product Requirements

Unless we have agreed otherwise in a separate agreement, you must ensure that all material and data placed on SD2001's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by SD2001. SD2001 will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", SD2001 has the option at any time to reject this material. SD2001 will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of SD2001. Use of the services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your website. You must have the necessary knowledge to create and maintain a website. It is not SD2001's responsibility to provide this knowledge or customer support outside of the services agreed to by you and SD2001.

2.3. Bandwidth and Storage Usage

You agree that use of the services under this agreement will not exceed the bandwidth and storage usage limits set out. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, you agree to pay the associated additional charges. Data stored in your user account on an SD2001 server is not owned by SD2001; therefore data preservation is the ultimate responsibility of you, the client. SD2001 is in no way responsible for the client's data and or the backup of that data.

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3. ENFORCEMENT

3.1. Investigation of Violations

SD2001 may investigate any reported or suspected violation of this agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. SD2001 will not access or review the contents of any email or similar stored electronic communications except as required or permitted by applicable law or legal process.

3.2. Actions

SD2001 reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws. If we become aware of any possible violation by you of this agreement, any related policies or guidelines, third party rights or laws, SD2001 may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the service, (c) restricting or prohibiting any and all uses of content hosted on SD2001 's systems, and/or (d) disabling or removing any hypertext links to third party websites, any of your content distributed or made available for distribution via the services, or other content not supplied by SD2001 which, in SD2001's sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes SD2001 to civil or criminal liability or public ridicule. It is SD2001's policy to terminate repeat infringers. SD2001's right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the services. If SD2001 takes corrective action due to such possible violation, SD2001 shall not be obligated to refund to you any fees paid in advance of such corrective action.

3.3. Disclosure Rights

To comply with applicable laws and lawful governmental requests, to protect SD2001's systems and customers, or to ensure the integrity and operation of SD2001's business and systems, SD2001 may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, email address, etc.), IP addressing and traffic information, usage history, and content residing on SD2001's servers and systems. SD2001 also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.

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4. INTELLECTUAL PROPERTY RIGHTS

4.1. Your License Grant to SD2001

You hereby grant to SD2001 a non-exclusive, worldwide, and royalty-free license for the "Initial Term" and any "Renewal Term" to use your content as necessary for the purposes of rendering and operating the services to you under this agreement. You expressly (a) grant to SD2001 a license to cache materials distributed or made available for distribution via the services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

4.2. SD2001 Materials and Intellectual Property

All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by SD2001 or its suppliers or agents pursuant to this agreement, and any know-how, methodologies, equipment, or processes used by SD2001 to provide the services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of SD2001 or its suppliers, including but not limited to any software programs, inventions, products and/or technology innovations and methodologies utilised, developed, or disclosed by SD2001 during the term of this agreement. Unauthorised copying, reverse engineering, decompiling, and creating derivative works based on the any such software is expressly forbidden except as permitted in this agreement. You may be held legally responsible for violation of any patent rights, copyright or trade secret rights that is caused or encouraged by failure to abide by the terms of this agreement.

4.3. Trademarks

You hereby grant to SD2001 a limited right to use your trademarks, if any, for the limited purpose of permitting SD2001 to fulfill its duties under this agreement. This is not a trademark license and no other rights relating to the trademarks are granted by this agreement. Specifically, but without limitation, the rights granted by this agreement do not include the right to sub-license use of your trademarks or to use your trademarks with any other products or services outside the scope of the services provided under this Agreement. The limited trademark use rights granted under this section terminate upon termination of this agreement.

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5. WARRANTY; WARRANTY DISCLAIMER

5.1. Customer and/or Third Party Acts

SD2001 is not responsible in any manner for any non-confirming services to the extent caused by you or your customers. In addition, SD2001 is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond SD2001's reasonable control.

5.2. No Express or Implied Warranty

ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY SD2001 UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY IN FACT OR IN LAW, WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT SD2001 EXERCISES NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH SD2001's COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR THE INTERNET. SD2001 DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR COMPLETELY SECURE, AND DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SD2001 DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADESECRET OR TRADEMARK INFRINGEMENT.

5.3 Your Warranties and Representations to SD2001

You warrant, represent, and covenant to SD2001 that (a) you are at least eighteen (18) years of age or are a duly organised and validly existing entity; (b) you possess the legal right and ability to enter into this agreement; (c) you will use the services only for lawful purposes and in accordance with this agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorisation(s) necessary for hypertext links to third-party websites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content and/or any software that you install or provide does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

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6. LIMITATION AND EXCLUSION OF LIABILITY

6.1. Limitations

IN NO EVENT SHALL SD2001 HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO SD2001, DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. SD2001 SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF SD2001 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF SD2001 TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO SD2001 BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY SD2001 UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE SD2001 FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1.

6.2. Interruption of Service

You hereby acknowledge and agree that SD2001 will not be liable for any temporary delay, outages or interruptions of the services. Further, SD2001 shall not be liable for any delay or failure to perform its obligations under this agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).

6.3. Maintenance

You hereby acknowledge and agree that SD2001 reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. SD2001 will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.

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7. INDEMNIFICATION

You will defend, indemnify and hold harmless SD2001 and its officers, directors, shareholders, employees, consultants, agents, affiliates and suppliers (an "Indemnitee") from any and all threatened or actual claims, demands, causes of action, suits, proceedings (formal or informal), losses, damages, fines, penalties, liabilities, costs and expenses of any nature, including solicitor’s fees and court costs, sustained or incurred by or asserted against any Indemnitee by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to: (i) your violation or breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline; (ii) your conduct, including but not limited to your negligence, gross negligence, or willful misconduct; (iii) your use of the services, including any improper or illegal uses; (iv) any claim by a former employee of yours whose employment has been or may be terminated in connection with or as a result of the execution of this agreement and performance of the services by SD2001 ; or (v) any claim relating to your services or products, or your installation and/or use of any third-party software, including but not limited to advertising, product liability claims or infringement of any trademark, copyright, patent, trade secrets or nonproprietary right of a third party (including, without limitation, defamation, libel, or violation of privacy or publicity).

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8. MISCELLANEOUS

8.1 Confidentiality

The parties each agree that all “Confidential Information” (as defined below) communicated to it by the other is done so in confidence and will be used only for the purposes of this agreement and will not be used to compete with the other party or disclosed to any third party without the prior written consent of the other party except as permitted under this agreement. “Confidential Information” means all information in any form, including, without limitation, printed or verbal communications and information stored in printed, optical or electromagnetic format, which relates to the services; or computer, data processing or electronic commerce programs and software; electronic data processing applications, routines, subroutines, techniques or systems; information which incorporates or is based upon proprietary information of either party; or information concerning business or financial affairs, product pricing, financial conditions or strategies, marketing, technical systems of either party; or any information concerning customers or vendors of either party; or any data exchange between a party and any customers or vendors. Exceptions to “Confidential Information” include (1) information in the public domain; (2) information developed independently by a party without reference to information disclosed under this agreement; or (3) information received from a third party without restriction and/or breach of this or a similar agreement. It is not a violation of this provision to disclose “Confidential Information” in compliance with any legal, accounting or regulatory requirement beyond the control of either Party or, but in such case, prior to disclosure, the disclosing Party shall give written notice to the other Party to permit that Party an opportunity to challenge such disclosure. If either Party is subpoenaed, such Party shall give written notice to the other Party to permit that Party an opportunity to challenge the disclosure of “Confidential Information”. Upon the termination of this agreement and upon written request of the disclosing Party, each Party shall promptly return all “Confidential Information” of the other Party. This provision shall survive the termination of this agreement for two (2) years.

8.2. Notices

All notices, reports, requests, or other communications given pursuant to this agreement shall be made in writing, shall be delivered by hand delivery, overnight courier service, fax, or electronic mail, shall be deemed to have been duly given when delivered.

8.3. Choice of Law and Forum

THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF ENGLAND AND WALES, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE LAW COURTS OF ENGLAND AND WALES, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

8.4. Entire Agreement

This Agreement and all policies and guidelines incorporated in this agreement by reference constitutes the entire agreement of the parties and may not be modified or altered orally but only by an agreement in writing signed by both parties.

8.5. No Fiduciary Relationship

No Third-Party Beneficiaries SD2001 is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this agreement. This agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto.

8.6. Assignments

You may not transfer or assign your rights, duties, or obligations under this agreement without SD2001's prior written consent. SD2001 may assign its rights and obligations under this agreement and may utilise affiliate and/or agents in performing its duties and exercising its rights under this agreement, without your consent. Subject to that restriction, this agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assignees.

8.7. No Waiver

SD2001's failure to enforce the strict performance of any provision of this agreement will not constitute a waiver of SD2001's right to subsequently enforce such provision or any other provisions under this agreement.

8.8. Severability

If any provision of this agreement is deemed illegal, invalid, void or otherwise unenforceable in whole or in part, that provision shall be severed or shall be enforced only to the extent legally permitted, and the remainder of the provision and the agreement shall remain in full force and effect. If any provision of this agreement is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.

8.9. Survival

All provisions of this agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration of this agreement.

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9. DOMAIN NAME REGISTRATION

9.1 Representation

We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk;

9.2 Registration

The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. For UK domain registrations you shall ensure that you are aware of the terms and conditions of Nominet UK, the UK naming authority, that can be found at http://www.nominet.org.uk/nominet-terms.html and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name or cancellation of the domain name by the relevant naming authority. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.

9.3 Liability

We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

9.4 Warranty

We give no warranty or representation that your domain name is or will continue to be available for your use or that no domain name is or will be registered which conflicts with your domain name or which otherwise affects your use of your domain name.

9.5 Entitlement

SD2001 shall be entitled to withhold the release of any domain name to another provider or “tag holder” unless full payment of all amounts due to us at that time for whatever reason has been received by us:

9.6 Payment

If payment is not received for any domain name SD2001 may delete or retain the domain for further sale.

9.7 Deletion

You may request deletion of a UK domain name registered with Nominet UK only within 7 days of the application date for that domain name. There will be a standard "deletion charge" of £25. Deletion requests after these 7 days will not be accepted.

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Whilst every effort is made to ensure that the information published on these pages is accurate, no liability can be accepted for any inaccuracies or loss suffered as a result.

Copyright © 2001 - 2010 SD2001 is a trading style of Mortgages2homes Ltd, Registered in England No. 4270888, the company is duly registered with the Data Protection Act 1998 No. Z8146370 and follow the Privacy and Electronic Communications (EC Directive) Regulations 2003. All Rights Reserved. The content of this site is protected under applicable copyright laws. Personal use of material is permitted for research and/or information purposes only.

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We are website designers who work with multiple businesses all over the world providing hosting services, search engine promotion, website design, development and management services, SD2001 are located in Gravesend in the county of Kent, England. [Towns]

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