Website Terms And Conditions for www.simplydesign.co.uk
These terms and conditions govern your use of our website. Please read the terms in full before you use this website. If you do not accept these terms, please do not use this website. Using the website implies that you accept these terms. We do occasionally update these terms so please refer back to them in the future.
Use Of website
You are permitted to use our website for your own purposes and to print and download material from this website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.
The copyright and other intellectual property rights in all material on this website are owned by us or our licensors and must not be reproduced without our prior consent.
Subject to paragraph 1.1, no part of this website may be reproduced without our prior written permission.
Site Uptime
We take all reasonable steps to ensure that this website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.
This website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
Domain Name Renewals and Registrations
Domain name registrations and renewals are processed automatically however sometimes there may be connectivity issues to the registry, it is the domain name holders responsibility to check that the domain name has been renewed and if there are any issues to contact us immediately.
Visitor Conduct
With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.
When using this website you shall not post or send to or from this website any material:
for which you have not obtained all necessary consents;
that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
(We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 3.2.)
Links To And From Other websites
Any links to third party websites located on this website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this website, it is at your own risk.
If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, any page on this website, and subject to the following conditions:
you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
you do not misrepresent your relationship with us or present any false information about us;
you do not link from a website that is not owned by you; and
your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
If you choose to link to our website in breach of Paragraph 4.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
Disclaimer
We take all reasonable steps to ensure that the information on this website is correct. However, we do not guarantee the correctness or completeness of material on this website. We may make changes to the material on this website at any time and without notice. The material on this website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
The material at this website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this website.
Exclusion Of Liability
Neither we nor any other party (whether or not involved in producing, maintaining or delivering this website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this website.
Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to CHP’s customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a CHP server, and selling or distributing software (on a web site residing on a CHP server) that facilitates spamming. Violators will be assessed a fine and will face immediate suspension. CHP reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Mass Mailing
Mass mailing / mailing lists is not allowed on Simply Design shared hosting servers, a dedicated mass email server can be provided with the use of unlimited SMTP. Anyone who sends mass mail and is found to of caused issues to Simply Design service or IP repuation will be given a fine and have the domain name suspended.
Those who are found to be sending masses of spam emails will be given a flat fine to cover administration time for Simply Design to physically remove the emails from our spool. Any email spam /bulk user that causes IP black listings will be given a fine of £100.00. Any user that causes complaints from other companies, for example spamcop, aol, yahoo etc will be given a fine of £50.00 to cover administration fee’s for Simply Design to advise the companies the reasons why the spam was sent. The standard fine for sending spam emails are as follows: under 5000 spam emails £10.00, 5000-10,000 emails £15.00, anything above is £30.00.
Governing Jurisdiction
This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.