GiraffeDog.net Terms and Conditions

GiraffeDog.net’s terms and conditions are regularly maintained and an up-to-date version can always be found here. Please check back from time to time to ensure that you are adhering to them.

1. Definitions

“Company” means GiraffeDog Technical Services Limited t/a GiraffeDog.net.

“Customer” means the person(s), company or organisation purchasing services from GiraffeDog.net.

“Services” means colocation, dedicated servers, web site hosting, domain name registration and any other service or facility provided by the Company to the Customer.

“Server” means the computer server equipment used to provide the Customer with Services.

“Web site” means the area on the server allocated by the Company to the Customer for use by as a site on the Internet.

“Fees” means the charges set out at the time of purchase of the Services, together with any other charges made pursuant to these Conditions.

2. Customer Obligations

2.1 The Customer is wholly responsible for the content of its own Web site or Server and undertakes that such content will not be in violation of any applicable law.

2.2 The Customer shall at all times comply with the Company’s Acceptable Use Policy as set out in Clause 4.

2.3 The Customer is responsible for ensuring that any legal permission or other rights required for content, data or material on their Web site or Server has been obtained and complied with.

2.4 The Customer is responsible for backups of data on their Web site or Server.

3. Company Obligations & Rights

3.1 In consideration of the Customer paying to the Company the Fees in accordance with these Conditions the Company shall provide Services to the Customer.

3.2 The Company shall use reasonable endeavours to perform the Services and shall, as soon as reasonably practicable on or after the purchase date, provide the Customer with those Services.

3.3 The Company does not guarantee uninterrupted network access to the Customer’s Server or Web site or that the Services will be free from errors.

3.4 In the event that the Customer’s monthly bandwidth allowance as provided at the time of purchase or subsequently having been agreed to in advance by both parties is exceeded, the Company shall be entitled at its sole discretion to suspend access to the Customer’s Web site or Server and charge the Customer for the excess bandwidth at a rate of £0.50 per GB.

3.5 If a server is being affected by a Denial of Service attack, the Company may be forced to temporarily suspend the provision of Services to the Customer until such time that it has been able to resolve or circumvent the situation. This will always be a last resort and will be at the sole discretion the Company or its data centre provider. The Company reserves the right to charge the Customer for any excess bandwidth used during a Denial of Service attack that has specifically targeted the Customer’s Server or Web site.

3.6 If the Customer is in breach of the Acceptable Use Policy as set out in Clause 4 or fails to fulfil its obligations or pay the Fees, the Company shall be entitled to immediately suspend or restrict provision of the Services to the Customer without prior notice.

4. Acceptable Use Policy

4.1 The Customer shall not participate in or facilitate any of the following:

* Unsolicited e-mail activities

* Illegal pornography

* Impersonated or libellous postings

* The download and distribution of copyrighted material using filesharing services such as Limewire, Bit Torrent or other such services

* Hacking/unauthorised access

* Propagation of viruses/worms

* Denial of Service (DoS) attacks

4.2 The Customer shall not deliberately or maliciously cause or allow to be caused any disruption to the Company’s Services, its servers, network or other infrastructure, or any other networks or services on the internet.

5. Financial Provisions

5.1 The Customer shall pay to the Company the Fees on the basis specified at the time of purchase. The Company in its sole discretion shall be entitled to charge such additional fees as a result of the Customer’s instructions or lack of instructions or information or any cause attributable to the Customer.

5.2 If payment is not made on the due date, the Company shall be entitled to immediately suspend the provision of the Services to the Customer without any prior notice, until the outstanding amount is paid in full. Where the Services have been suspended due to non-payment, the Company may charge the Customer an administration fee prior to reactivation of the Services.

5.3 The Company shall be entitled to review the Fees on a monthly basis and shall notify the Customer either by e-mail or in writing of any change in such Fees and the date from which the change will take effect.

6. Colocation & Dedicated Servers

The following section applies only to Customers who have purchased one of the Company’s Colocation or Dedicated Server plans:

6.1 Boxes and packaging used by the Customer to ship equipment to the Company will not be kept unless prior arrangements have been made.

6.2 Any equipment or goods sent by or on behalf of the Customer to the Company shall be entirely at the Customer’s own risk. It is the responsibility of the Customer to ensure that such items are adequately packaged and insured if necessary.

6.3 The Company aims to provide a 99.9% “uptime” service level agreement. In the event that the Company is unable to provide Services to the Customer for more than 0.5% of any given calendar month, the Company will refund the Customer a portion of the Fees at the rate of 1% for every additional hour of downtime, except where more than 7 days prior notification of the loss of Services has been issued to the Customer. The maximum amount refunded shall not exceed the proportionate amount of the Fees applicable for that month.

6.4 If a server is unavailable for a prolonged amount of time, the company reserves the right to replace the server.

6.5 The Company will provide physical access to the Customer’s equipment, (for collocation services) at the data centre when accompanied by an employee or representative of the Company. The Company will charge the Customer an administration fee of £60 per hour for such visits.

7. Web Hosting

The following section applies only to Customers who have purchased one of the Company’s Web Hosting plans:

7.1 Any scripts that the Customer installs on a Server owned or operated by the Company must be secure and properly tested. The Company reserves the right to remove any scripts that pose a security risk or cause performance issues that may affect other customers.

7.2 The Customer shall not be allowed to run any background processes on any Server owned or operated by the Company.

7.3 Whilst the Company will make all reasonable endeavours to provide the Services, it cannot guarantee that the Services will be available 100% of the time. Wherever practically possible, the Company will make efforts to inform the Customer in advance of any loss of service.

8. Domain Name Registration

If the customer is registering a domain with the Company then they shall be aware of the Domain Name Registration Agreement and the ICANN Uniform Domain Name Dispute Resolution Policy and by purchasing the domain agree to be bound by the terms and conditions laid out therein.

9. Termination

9.1 If the Customer fails to pay the Fees by the due date, the Company may suspend the Services and/or terminate this Agreement forthwith.

9.2 The Terms and Conditions of this Agreement shall continue indefinitely until such time as either party notifies the other in writing of termination.

9.3 In the event of termination of this Agreement, the Company may offer at its sole discretion a proportionate refund of the Fees already paid for the unused period.

9.4 Upon termination of this Agreement for whatever reason, the Company shall remove the Server or Web site from its network without any liability whatsoever.

9.5 Upon termination of this Agreement for whatever reason any Fees owed by the Customer to the Company shall become immediately payable and due.

9.6 Following termination of the Agreement, neither party shall have any further obligation to the other under these Conditions other than any entitlements, rights or obligations provided by law.

10. Notices

10.1 Any notice to be given by either party to the other may be sent by either e-mail, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

10.2 It is the responsibility of the Customer to ensure that its account e-mail address is kept current. The Company shall use the e-mail address provided by the Customer during the order process until advised otherwise.

11. Indemnification

The Customer agrees that it shall defend, indemnify, save and hold the Company (or its employees/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against the Company, 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. The Customer agrees to defend, indemnify and hold harmless the Company against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with the Company; (2) any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. The Customer agrees to limit the liability of the Company to the amount paid for the Services.

12. Disclaimer

12.1 The Company shall not be held liable for any loss, damages, loss of profits or other expenses caused by the unavailability of our servers or the partial or complete loss of any of the Services provided to the Customer.

12.2 The Company shall not be liable for any loss, damage, costs, expenses or other claims for compensation arising from any exercise of the Company’s rights under these Conditions or through any fault of the Customer.

12.3 Except as expressly provided in these Conditions, the Company shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Company, its servants or agents or otherwise) which arise out of or in connection with the Services hereunder or their use by the Customer, and the entire liability of the Company under these Conditions shall not exceed the proportionate amount of the Fees.

These Terms & Conditions are subject to change without notice. The current version can always be found clearly linked from the main GiraffeDog.net Internet site: http://www.giraffedog.net/.

Failure to comply with any of our Terms & Conditions will result in grounds for immediate service cancellation.