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Terms of Service
Website Design Terms
These terms apply to the website design service offered by Thwack Design.
- The total cost for the website, domain name and 1st years hosting is payable either by cheque (preferred), or with a UK issued credit / debit card. Please note all payments made by debit / credit card incur a 2.6% plus 20p processing charge.
- An initial deposit of £100 is payable upfront, with the remaining amount being payable once a final design has been agreed upon.
- You are free to make any changes you like during the initial concept design stage. Once a final design has been agreed upon, any major changes to the design (i.e. reversing previous decisions) or decisions that alter the initial scope of the project will be charged as time added on, at £10 / hour.
- Once the site goes live, minor changes can still be made free of charge for 7 days. After this time all work on the site is charged as additional time, at £10 / hour.
Amended: 18/08/2005
Website Hosting Terms
These terms of service and the Acceptable Usage Policy refer to the
World Wide Web page hosting service provided by Thwack Design. Thwack Design reserves the right
to suspend or cancel a customer's access to any or all services provided by Thwack Design
when Thwack Design decides that the account has been inappropriately used or otherwise.
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Server Usage
Personal accounts are to be used by the primary owner only. Personal account holders
are not permitted resell, store or give away web-hosting services of their website to other
parties. Web hosting services are defined as allowing a separate, third party to host
content on the owner's web site. Exceptions to this include ad banners, classified ads,
and personal ads. Thwack Design reserves the right to refuse service and /or access to
its servers to anyone. Thwack Design do not allow any of the following content to be stored
on its servers: Illegal Material - This includes copyrighted works, commercial audio, video,
or music files, and any material in violation of any Federal, State or Local regulation. Adult
Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The
designation of "adult material" is left entirely to the discretion of Thwack Design. Warez -
Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP
spoofing, etc., and encrypting of any of the above. Also includes any sites which provide
"links to" or "how to" information about such material.
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High Resource User Policy
Resources are defined as bandwidth and/or processor utilization. Thwack Design may
implement the following policy to its sole discretion: When a website is found to be
monopolising the resources available Thwack Design reserves the right to suspend that
site immediately. This policy is only implemented in extreme circumstances and is intended
to prevent the misuse of our servers. Customers may be offered an option whereby Thwack Design
continues hosting the website for an additional fee.
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Payment Policies
All accounts are set up on a prepay basis. Although Thwack Design reserves the right to
change prices of accounts or services at any time all pricing is guaranteed for the period
of prepayment. Payment is due each anniversary year, following the date
the account was established. Customers will automatically be billed again at the end of
their prepay period unless closure notification has already been given. In situations where
the payment on file is declined Thwack Design will immediately suspend the facility to
purchase services on-line until the outstanding charge is processed successfully. In addition,
Thwack Design reserves the right to suspend other services until the outstanding debt is
cleared. The customer is responsible for all money owed on the account from the time it was
established to the time that the customer sends a written cancellation request. All payment
is in UK sterling.
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Cancellation and Refunds
Thwack Design reserves the right to cancel the service at any time. In this event
customers will be entitled to a pro rata refund based upon the remaining period of membership.
If a customer contravenes Thwack Design' terms of service a refund will not be issued in the
event of a cancellation. Customers may cancel their account at any time. Any incentives
offered to customers when opening the account will also be cancelled. Customers may be given
the option to purchase services which were offered as start-up incentives in the result of a
cancellation. Fees charged on a prepay basis are non-refundable.
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Indemnification
Customer agrees that it shall defend, indemnify, save and hold Thwack Design harmless
from any and all demands, liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against Thwack Design, its agents, its customers, officers and
employees, that may arise or result from any service provided or performed or agreed to be
performed or any product sold by customer, its agents, employees or assigns. Customer
agrees to defend, indemnify and hold harmless Thwack Design against liabilities arising
out of; (1) any injury to person or property caused by any products sold or otherwise
distributed in connection with Thwack Design' server; (2) any material supplied by customer
infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright
infringement and (4) any defective products sold to customer from Thwack Design' server.
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Disclaimer
Thwack Design will not be responsible for any damages your business may suffer.
Thwack Design makes no warranties of any kind, expressed or implied for services we provide.
Thwack Design disclaims any warranty or merchantability or fitness for a particular purpose.
The includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and
all service interruptions caused by Thwack Design and its employees. Thwack Design reserves
the right to revise its policies at any time.
Amended: 18/08/2005
Acceptable Usage Policy
This policy applies to the hosting services offered by Thwack Design. Thwack Design
(referred to as TD) reserve the right to take necessary action against any user
found to be violating this AUP.
- No warez, pirated, or material that infringes copyright is to be hosted on the servers.
This includes running DCC bots that are distributing such material.This especially relates
to running FTP bouncers or software used to mirror such material.
- No cracking related material will be tolerated on the server. Hosting any kind of cracks
for any operating system or application is not allowed.
- No rootkits / security exploits. If a user is found to have a rootkit in their directories
they will be immediately disconnected from the service with no refund. This also applies to any
security exploits for applications.
- A user should not connect to the service using an anonymous gateway (such as an Indonesian
based gateway) that cannot be traced. Any user connecting through such a service will be
suspended from the service and assumed to be violating this AUP.
- No pornography or adult material is to be hosted on the server.
- No process that is listed in the current blacklist will be allowed. This blacklist is
subject to change and can be found at the bottom of this AUP. Contact an admin if you are
unsure of the validity of a process.
- No user is to run more processes than they have paid for, the only exception to this is
a program that is running temporarily while the user is using SSH, for example an IRC client
(eg. irssi) that will be closed when the user logs out. If a user is unsure whether they can
run a process contact an admin via the contact details below.
- If any process is found to be causing extreme load on the machine or interfering with other
user's service the TD administrators reserve the right to kill this process.
Current Process Blacklist:
- Any ircd
- Any form of warbot
- TD actively blocks and prevents users from accessing the EFNet and UNDERNET IRC networks.
Therefore any user found trying to connect to EFNet or UNDERNET, will be cautioned with the
possibility their account will be removed.
If you have any questions regarding this AUP please ask.
Amended: 18/08/2005
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