hosting terms

Terms of service

Utopia Web Design provides World Wide Web page hosting. Utopia Web Design reserves the right to suspend or cancel a customer's access to any or all services provided by Utopia Web Design when Utopia Web Design decides that the account has been inappropriately used or otherwise.



Server use

Hosting accounts are to be used by the primary owner only. Hosting 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.

Customers may however resell our Reseller packages.

Utopia Web Design reserves the right to refuse service and /or access to its servers to anyone.

Utopia Web Design do not allow any of the following content to be stored on its servers:

Bandwidth usage policy

High bandwidth usage: Utopia Web Design accounts are subject to 1 gigabyte transfer per month. Data transfer is charged at 6p per megabyte over this amount. In rare cases, Utopia Web Design may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, Utopia Web Design reserves the right to impose the High Resource User Policy for the consideration of all customers.

High resource user policy

Resources are defined as bandwidth and/or processor utilization.

Utopia Web Design may implement the following policy to its sole discretion:
When a website found to be monopolising the resources available, the account holder will be contacted in order to discuss the situation. If no arrangement can be reached, Utopia Web Design reserves the right to terminate the account giving 2 weeks notice.

Payment policies

All accounts are set up on a prepay basis. Although Utopia Web 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 or month following the date the account was established. Customers will automatically be invoiced again at the end of their prepay period unless closure notification has already been given.

In situations where the card number on file is declined Utopia Web Design will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, Utopia Web 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.

Invoices will be sent by regular mail. Alternatively invoices will be sent directly to customers via email shortly after the online purchase has been made. At this point the customer’s card will be charged automatically.

All payment is in UK sterling.

Payment options

In order to streamline our accounting procedures and keep costs down Utopia Web Design runs a limited number of payment options.

Credit/Debit Cards: Utopia Web Design accepts Mastercard, Visa, Switch and Solo

Cheque Payment: This option is only available to customers who pay annually for their Utopia Web Design account. A credit / debit card number will still be required if customers require the facility to purchase domains and other services on-line. Utopia Web Design cannot guarantee that a service will be provided until after any received cheques have been cleared.

Cancellation and refunds

Utopia Web 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 Utopia Web 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.

Fees charged on a prepay basis are non-refundable. In addition some accounts incur set-up fees, these charges are also non-refundable.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Utopia Web Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Utopia Web 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 Utopia Web Design against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Utopia Web 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 Utopia Web Design' server.

Disclaimer

Utopia Web Design will not be responsible for any damages your business may suffer. Utopia Web Design makes no warranties of any kind, expressed or implied for services we provide. Utopia Web Design disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Utopia Web Design and its employees. Utopia Web Design reserves the right to revise its policies at any time. Furthermore Utopia Web Design reserves the right to send email information to its users concerning products and services which Utopia Web Design deems may be of interest to them.