TDMWeb: Terms And Conditions

Terms And Conditions

By placing an order for TDMWeb services the customer explicitly agrees to be bound by these Terms and Conditions.

Under the name TDMWeb, ITEC provides hosting of websites and email, dedicated servers, and related services. ITEC reserves the right to suspend or cancel access by a customer to any or all services provided by ITEC if ITEC decides that the account has been inappropriately used or otherwise.

You may resell or give away web hosting or email hosting services purchased from ITEC to third parties if you wish. However, ITEC will only provide technical support services to you, and not to any third party, except where a special additional technical support services agreement has been made by ITEC and confirmed in writing.

ITEC reserves the right to refuse service and/or server access to any person or organisation, at our sole discretion and for any reason or none.

ITEC does not allow any of the following content to be stored on its servers, whether web hosting accounts, email hosting accounts, database or dedicated servers: illegal material (including copyrighted works, commercial audio, video, or music files, and any material in violation of any relevant regulation), defamatory or offensive material, adult material (includes all pornography, erotic images or obscene content), all information or material related to pirated software and hacking (including ROM details, emulators, phreaking, hacking, password cracking, IP spoofing, software security exploits, encrypting of any of the above, sites which provide links to or other information on such material), phishing pages or software, proxy server pages or software (except where for strictly internal use and with the specific permission of ITEC), all information or material related to betting or gambling of any kind, material which we at our sole discretion deem to be objectionable. The designation of unacceptable content of any kind is left entirely to ITEC's discretion: should customers have any queries on this, please contact ITEC in advance to seek guidance.

ITEC strictly prohibits the sending of spam (unsolicited email) using our systems. ITEC does not permit the hosting of websites or information that is advertised via spam sent from other networks or systems, or in commercial posts to non-commercial newsgroups, discussion groups or other online services, or in any other context where such advertisement contravenes the terms of that service. Spam is an extremely serious issue in the internet industry and we must advise you that violations of our terms regarding spam may lead to immediate termination of your account without notice.

Bulk email is not supported on the email hosting services provided by ITEC as part of a webhosting package or email hosting package: our email services are intended for normal business or personal purposes, where individual emails are sent to modest numbers of recipients. If you are unclear whether your intended use would constitute bulk email, please contact us with full details for clarification and recommendations.

Where the data transfer used by a customer's hosting account exceeds the amount included for the hosting package in place, the customer will be liable for the cost of the additional data transfer. The price charged for additional data transfer shall not exceed £5.00 (five pounds Sterling) per GB (Gigabyte). For continued excess data transfer use, an upgrade to a more suitable hosting package (either standard or customised) is strongly recommended and may be required, at ITEC's discretion.

Where the storage space used by a customer's hosting account exceeds the amount included for the hosting package in place, the customer will be liable for the cost of the additional storage space. For continued use of additional storage space an upgrade to a more suitable hosting package (either standard or customised) will be required.

It is the sole responsibility of the customer to ensure that any scripts or applications used on their hosting package or dedicated server are fully secure and are at all times kept up to date with the latest security updates. This includes commercial, shareware, freeware and open-source scripts or applications, and any scripts or applications which have been written or amended by the customer or by a third party for the customer. Script and application insecurity includes but is not limited to vulnerability to being used for unauthorised activities or activities that may cause damage to files on the server or disruption to the normal operation of the server, compromise which may lead to the script or application being controlled or used by a person other than the customer, use for the sending of spam (unsolicited email), and any other activity harmful to the server or to ITEC's services.

To protect the security and integrity of our customers' files and accounts, we maintain a list of scripts and applications that are prohibited from use on our web hosting and email hosting servers and may not be used or stored in any way on any of our web hosting or email hosting accounts. We prohibit these scripts and applications because we judge them to be insecure and to pose a threat to the safety and integrity of our customers' data or the operation of our servers and network. The list of currently prohibited scripts and applications can be found here.

The security and integrity of dedicated servers provided to customers by ITEC are the sole responsibility of the customer. Customers must ensure that adequate procedures are put in place to guard against attack or infection of the server by viruses, malware, adware and any other harmful software or file. Servers connected to the public internet are by definition vulnerable to attack and ITEC cannot guarantee that servers will not be attacked or compromised. In the event that a customer's dedicated server becomes infected or compromised in any way, the safest way to deal with this is to have the server's hard disks reformatted and to perform a complete reinstall. Other disinfection or cleanup options may be available but are carried out at the customer's risk. Reinstall, disinfection and cleanup are chargeable to customers at the rates described on our website.

In the event that a customer's use of their account jeopardises overall server or network performance and resources for other customers, ITEC will contact the customer to discuss the situation and seek to find a satisfactory solution. In the unlikely event that no agreement can be reached, ITEC reserves the right to terminate a customer's account.

In the event that it is necessary for ITEC to cancel a customer's account with TDMWeb, ITEC will refund the fee paid pro-rata in respect of the proportion of the paid-for time remaining. If such cancellation is the result of violation of these terms and conditions, no refund will be due.

All fees must be paid in advance: a customer's account will not become active until payment has cleared. For dedicated servers, if you wish to cancel your server rental we must receive your written notification of cancellation at least one clear month before the appropriate anniversary date on which your next payment would otherwise be due.

ITEC reserves the right to cancel the TDMWeb service at any time. In the event of cancellation, ITEC will refund the fee paid pro-rata in respect of the proportion of the paid-for time remaining.

The customer agrees to defend, indemnify, save and hold ITEC harmless from any and all demands, liabilities, losses, costs and claims, including demands for legal fees, made against ITEC, its agents, 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 the customer, the customer's agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless ITEC against any and all liabilities arising out of the customer's TDMWeb account.

ITEC will not be responsible for any damages a customer's business may suffer as a result of the use of or any inability to use the customer's TDMWeb account. ITEC makes no warranties of any kind, expressed or implied, for services provided. ITEC's maximum liability in any event shall be the amount of the fees paid by the customer for the current year's service.

These Terms shall be governed by and construed in accordance with English law, and each party agrees to submit to the exclusive jurisdiction of the English courts.

ITEC reserves the right to amend these Terms and Conditions at any time. The current version can be viewed on our website at www.tdmweb.com or www.tdmweb.co.uk

Updated December 2007