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Terms and Conditions


The Customer : The company or individual requesting the services of bitdigital.

Goods: The goods or services or any part thereof agreed to be supplied by bitdigital.

Contract: the contract for the sale and purchase of the goods.

General
bitdigital will carry out work only where an agreement is provided either by verbal instruction, email, telephone, mail or fax. The Customer automatically agrees to the Terms and Conditions of Service set out in this document. bitdigital will only carry out work only for Customers who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between bitdigital and the Customer.

By placing an order with bitdigital, you warrant that:

you are legally capable of entering into binding contracts; and
you are at least 18 years old.
If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.
bitdigital is not liable in any way for any loss of business, wasted management / office time, loss of anticipated or actual earnings, loss of goodwill, loss of profits or contracts or any other losses whatsoever in connection with any suggested solution devised by and installed by bitdigital or any of its representatives.
 

On-site Services
On-site services are provided by bitdigital to the Customer subject to the following Terms and Conditions of Service:

bitdigital will aim to attend the Customer's premises at the pre-arranged time.

bitdigital normal working hours are Monday-Friday, 09:00 - 17:00. The Customer shall remain at the Customer's premises while bitdigital employees are in attendance.

If the problem(s) has not been remedied at the end of the first hour of bitdigital attendance, bitdigital will discuss with the Customer the options available. The Customer may ask bitdigital to continue working on the problem(s) or make a further appointment.

The Customer may terminate the appointment at any time. On termination the Customer will pay bitdigital the amount incurred in respect of any additional time, if any, beyond the first hour's attendance.

Off-site Services (Remote Support)
Off-site services are provided by bitdigital to the Customer subject to the following Terms and Conditions of Service:

bitdigital when requested by the customer respond to telephone calls, e-mails or written requests with our best endeavours.

bitdigital normal working hours are Monday-Friday, 09:00 - 17:00.

The customer is liable for the cost of the support at bitdigital current rates. We will endeavour to communicate this to the customer as early as possible in the communication.

The Customer may terminate the appointment at any time. On termination the Customer will pay bitdigital the amount incurred according to our standard invoicing terms.

Cancellation of on-site appointments
1. Cancellation of any appointment must be advised to bitdigital no later than 24 business hours prior to the day and time of the appointment. bitdigital reserves the right to invoice any Customer where cancellation occurs less than 24 business hours prior to any appointment.

2. If the bitdigital Technician can offer a solution, but the customer chooses not to proceed then the customer will be charged for the time spent on site to that point.

3. If the bitdigital Technician is prevented from resolving a problem because the customer does not possess the appropriate software disks, drivers or product serial numbers the customer will be charged for the time spent on site to that point.

4. If the Technician diagnoses a fault with a customers Internet Service Provider, even when the ISP attempt to deny any fault the customer will be charged our standard rates for the time spent on-site.

Goods provided by bitdigital
Price
Unless otherwise negotiated, orders are accepted by bitdigital at the prices ruling at the date on which the order is received. But in exceptional circumstances, if bitdigital is faced with cost increases outside its control in the period between receipt and dispatch of order, bitdigital reserves the right to revise its prices after receipt of the order.

All prices are normally quoted exclusive of VAT which will be charged wherever applicable.

Carriage & Packing Costs
Carriage and packing costs are charged over and above quoted prices of the goods.

Goods will be dispatched by such method as bitdigital judges best unless the Customer specifically requests a particular method of delivery, in which case the service will be charged as a price quoted by bitdigital.

bitdigital reserves the right to deliver the Goods on more than one shipment and to tender a separate invoice in respect of each delivery.

bitdigital, will advise of any additional charge’s in relation to appropriate transit insurance, on an order by order basis.

Small Orders
bitdigital reserves the right to set minimum order values as may be specified on its price lists or as may be separately negotiated with the Customer in relation to specific orders.

Receipts
bitdigital will not accept responsibility for loss or damage in transit unless carriers terms and conditions are strictly complied with. All Goods should be signed for by the Customer according to the condition in which they are received. If for any reason Goods are not delivered, or are received damaged, or in unsatisfactory condition or deficient quantity or weight, then notifications must be made to the carriers and to bitdigital in writing within 14 days of date of despatch.

bitdigital must be advised of the following information:

(i) Number of packages received

(ii) Weight of each package

(iii) Details and quantities of items contained in each package

(iv) Delivery note / invoice details

Goods and packaging received damaged should be retained for examination

Returned Goods (except from Apple see below)
Faulty Goods
Any claim for faulty goods must be made in writing within 14 days of the despatch date. No Goods may be returned to bitdigital without written authorisation of bitdigital, and if such authorisation is granted, the Goods must be returned and the carriage paid by the customer.

For all customers warranty repairs after 28 days of receipt are referred directly to the manufacturer (unless otherwise stated).  In some cases, manufacturers provide a specialist on-site service and/or telephone help facilities for your convenience which we recommend you use in order to correct the fault quickly.

bitdigital recommends that you use a carrier that offers shipment tracking for all returns and either insure your package for safe return to bitdigital or declare the full value of the shipment so that you are completely protected if the shipment is lost or damaged in transit. If you choose not to use a carrier that offers tracking and insure or declare the full value of the product, you will be responsible for any loss or damage to the product during shipping.

Other Returned Goods
Except in the case of Faulty Goods (above), any Goods which are correctly supplied by bitdigital in accordance with an order from the Customer, will only be accepted back by bitdigital if the Goods are unused and as new and subject to a handling charge of 20% of the value of the Goods excluding VAT and returned within 14 days of receipt. The Goods must be returned and the carriage paid.

bitdigital may make recommendations to the Customer or the Customer may request that a product be provided by bitdigital in order that bitdigital can perform the services requested. All expressed or implied warranties, description, representations and conditions as to fitness or suitability for any purpose in respect of the services, including in respect of any product, including but not limited to any item of software, hardware or peripheral provided by bitdigital, are expressly excluded. For the avoidance of doubt, bitdigital has no liability as to the suitability for the performance of the services, of any product manufactured, sold or supplied by any third party, whether or not that product has been recommended to the Customer by bitdigital or not. Any hardware, software or equipment provided to the Customer by bitdigital shall remain the property of bitdigital until full payment is received.

Purchase of Apple Equipment
On purchasing of Apple equipment, the Customer is bound to the Terms and Conditions of sale as laid out by Apple Computers International and all grievances will be directed to Apple Store UK.

Website Design
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, bitdigital cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.

The website, graphics and any programming code remain the property of bitdigital until all outstanding relevant invoices are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by bitdigital remain the copyright of bitdigital and may only be commercially reproduced or resold with the written permission of bitdigital.

bitdigital cannot take responsibility for any copyright infringements caused by materials submitted by the Customer. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

The Customer agrees to make available as soon as is reasonably possible to bitdigital all materials required to complete the site to the agreed standard and within the set deadline.

bitdigital will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed target delivery deadlines.

bitdigital will not be liable or become involved in any disputes between the site owner and their Customers and cannot be held responsible for any wrongdoing on the part of a site owner or one of their customers.

bitdigital will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the Customer or any of the Customers appointed agents.

bitdigital will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

Database, Website, Application/System Development
bitdigital cannot take responsibility for any losses incurred by the use of any software created for the Customer. Whilst appropriate care has been taken to ensure products are problem free and accurate, responsibility lies with the Customer in ensuring that all software is functioning correctly before use.

Any system, scripts, cgi applications or software (unless specifically agreed) written by bitdigital remain the copyright of bitdigital and may only be commercially reproduced or resold with the written permission of bitdigital.

Where applications or any systems are developed on servers not recommended by bitdigital, the Customer is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the Customers responsibility to provide a suitable testing environment which is technically identical to the final production environment.

The Customer is expected to test fully any application or programming relating to a system developed by bitdigital before being made available for normal working use. Where "bugs", errors or other issues are found after the system is live, bitdigital is not obliged to correct these issues, but will endeavour to do so to meet the standards of function outlined in the final specification. Any time relating to bug fixing during or any time after the development period is billable at our current rates.

Once a system has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the Customer decides they no longer want the system, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done, or would have been done. Non payment will result in appropriate legal action being taken if necessary.

Compatibility
bitdigital will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with with all modern browsers on desktop, tablet and mobile. bitdigital can offer no guarantees of correct function with all browser software.

Please note bitdigital retain the right to not provide support or development services relating to any software that is not of the current release, at the time of the request to provide such services.

Payment of Accounts
bitdigital currently charge £85 per hour for the time our staff work with you, or on behalf of you on an ad hoc, best endeavours basis.

Prepaid hours are currently charged at £85 per hour for the time our staff work with you or on behalf of you. Prepaid hours may be discounted depending on the quantity purchased. Having prepaid hours enables optional Service Level Agreements to be applied to your account.

If you are paying with a company cheque, company charge or company credit card you will be charged business rates regardless of whether the work is deemed to be residential.

Regarding Project Work (Server, Filemaker, Web Development or other software development) a deposit of 50% is required a min of 2 weeks before any work is carried out. 40% is required on delivery of your project to you, or our test servers for you to inspect and the final 10% balance is due 1 month after this time, unless other arrangement’s have been agreed with bitdigital prior to the project going live. All stages will be adjusted according to the actual time spent, with your prior permission, as the project evolves.

It is bitdigital policy that any work carried out by bitdigital or its affiliates are required to be paid in full, no later than 7 days from the date of invoice unless other arrangement's with bitdigital have been agreed before the invoice is issued.

Regarding on-site repairs or engineering that is not part of a project, the Customer will pay bitdigital the amount stated on the bitdigital related invoice. bitdigital will attend the Customer's premises for the period agreed by the Customer prior to or at the commencement of the appointment. bitdigital will endeavour to diagnose and/or remedy the problem(s) described by the Customer at the commencement of the appointment.

We will contact Customers via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled within our terms or bitdigital have not been contacted regarding the delay acceptable to bitdigital, access to the related server, website and or databases may be denied and server, web pages and or database functionality removed.

Following non payment of an invoice in accordance with our payment terms our Debt Collectors will contact the Customer in question, to settle the account in full or taking the matter further and if need be to seek payment through appropriate legal procedures, and if necessary court summons.

Please note non payment of invoices can result in county court judgements (ccj's) being added to the Customers credit rating.

Payment is to be made by BACS, Sage Pay, Pay Pal or cheque. In the event of non-payment, default or dishonoured cheque bitdigital will charge interest at the rate of 15% per annum from the date of the invoice up to and including the date payment is made in full.

Liabilities
1. bitdigital accepts no liability in respect of any problem(s) it may not remedy due to any matter beyond its realistic control including but not limited to the age, specification or condition of the Customer's hardware or software, Customer's failure to provide appropriate software discs, drivers or product serial numbers or any fault with the Customer's Internet Service Provider.

2. The Customer hereby confirms that a full back-up of the Customer's hard-drive has been made prior to bitdigital commencing the services and that there is no legal restriction or impediment to bitdigital providing services to the Customer.

3. Under no circumstances shall bitdigital be liable either in contract, tort or otherwise, to the Customer, its employees, agents, or any third party, for any injury or damages, including without limitation, any direct, indirect, special or consequential damages, expenses, costs, profits, lost savings or earnings, interruption to business activity, lost or corrupted data, or other liability arising out of, or related to the services provided by bitdigital or out of the installation, de-installation, use of, or inability to use the Customer's computer equipment, hardware, software or peripherals. The Customer will, upon demand, indemnify bitdigital in respect of any loss, damage or injury arising from the provision of the services. For the avoidance of doubt bitdigital has no liability for Customer data lost or damage incurred in any circumstances whatsoever.

Force Majeure
bitdigital shall not be liable to the Customer in respect of failure to deliver or perform or delay in delivering or performing any obligations under the order accepted from the Customer due to causes such as acts of god, fire, flood, war and civil disturbances or riot, acts of government, currency restrictions, labour disputes, unavailability of materials, failure of supplier or sub-contractor to deliver on time and every other circumstance outside the reasonable control of bitdigital.

Insolvency of the Customer
This clause applies if:

- the Customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or

- an encumbrancer takes possession, or a Receiver is appointed, of any of the property or assets of the Customer, or the Customer ceases, or threatens to cease, to carry on business; or

- bitdigital reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly; or

- If this clause applies then, without prejudice to any other right or remedy available to bitdigital, bitdigital shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer, and if the Goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement to the contrary.

Confidentiality
bitdigital will reasonably maintain the confidentiality of the Customer's files and/or data and undertakes not to provide any Customer information to any third party save in the event it is lawfully required to do so. bitdigital reserves the right to refuse the provision of services for any reason including but not limited to circumstances such as the presence of unlicensed or illegal software or material or material of an obscene or pornographic nature on a Customer's computer. If for such reason bitdigital terminates the services the Customer shall be liable for and pay to bitdigital, at that time, the charges incurred in respect of time spent, in accordance with clause 3 above.

Return Visit & Complaints Policy
In the event of any dissatisfaction with the service provided by bitdigital, the Customer should immediately contact bitdigital on 01273 358100. bitdigital will make an appointment for investigation by one of our engineers. The engineer will endeavour to rectify the problem. If the cause of the dissatisfaction was due to a matter beyond the control of bitdigital, the Customer shall pay for the additional time incurred at bitdigital at normal rates.

Informal Complaints Procedure
Anyone who experiences a problem with any service provided by bitdigital should raise the matter directly by e-mail to support@bitdigital in the first instance, giving sufficient information to locate the project or related tasks and clearly outlining the grounds for complaint.

bitdigital will approach the individual responsible for the service in question with a view to resolving the matter to the satisfaction of the complainant within 5 working days.

Formal Complaints Procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to The Operations Director, bitdigital, 47 Western Road, Lewes, East Sussex, BN7 1RL. bitdigital will acknowledge receipt of the formal complaint and ensure that the matter is looked into as soon as possible.

An initial response to any formal complaint can be expected within 3 days of its receipt; a full and considered response to the complaint will be completed within 30 days and any subsequent remedy agreed implemented with the minimum of delay.

bitdigital Hosting
These Hosting Terms and Conditions must be read in conjunction with our Acceptable Use Policy (AUP), which may be subject to change from time to time. It is the customers’ responsibility to ensure that they comply with the latest edition of the AUP in force at any given time.

1. bitdigital provides internet hosting services (including but not limited to web hosting, email hosting, database hosting and domain registration and management) (the “Services”) to its customers (“Customer”).

2. All Services provided by bitdigital to the Customer are provided subject to the following terms and conditions. No variation or modification of or substitution for these terms and conditions is binding on bitdigital (even if included in or referred to in the document placing the order or any other communication from Customer) unless specifically accepted by bitdigital, in writing prior to the service going live, or an agreed amendment to service on a set date.

3. bitdigital will use its reasonable endeavours to provide and maintain the Services.

4. bitdigital make no guarantees as to the availability or interruption of their hosting services and cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

5. bitdigital reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial from bitdigital’s perspective.

6. You will have no right, title or interest in any internet protocol address ('IP address') allocated to you, and any IP address allocated to you is allocated as part of the Hosting Service you purchased and is not portable or otherwise transferable by you in any manner whatsoever.

7. If an IP address is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you.

8. You agree that you shall have no right, title or interest to any IP address upon expiry or termination of the Services, and that the acquisition by you of a new IP address following expiry or termination of the Services shall be solely your responsibility.

9. bitdigital will invoice the Customer annually unless otherwise agreed. Payment is due no later than 7 day’s after invoice, the Services will be provided for 1 year unless otherwise agreed. In the event Customer fails to make payment within these terms, the Services may be terminated at any time. bitdigital reserves the right to review its rates annually.

10. No refunds are payable either in part or in whole in the event Customer terminates use of the Services during the year for which payment has been made or notification is received at least 3 months in advance of the renewal date.

11. All expressed or implied warranties, descriptions, representations and conditions as to fitness or suitability for any purpose in respect of Services provided, are expressly excluded. No agent or representative of bitdigital is authorised to make any representations, statements, warranties, conditions or agreements not expressly specified in these terms and conditions and bitdigital is not in any way bound by any such representations, statements, warranties, conditions or agreements.

12. bitdigital shall have no liability whatsoever to Customer, whether in contract, tort or otherwise, for any loss, damage or injury, including any loss of data, banking information (including Customer credit card and/or charging facilities information), financial or customer product information, arising directly or indirectly from any defect, break in service or support or non-compliance in any respect, or for any other breach of bitdigital ’s obligations under these terms and condition.

13. bitdigital accepts no liability whatsoever in respect of maintenance and the continuing renewal of the Customers domain name registration.

14. For the avoidance of doubt bitdigital has no liability for Customer data lost or damage incurred in any circumstances whatsoever.

15. bitdigital is not liable for any consequential injury or specific damage or loss of any kind whatsoever, or for any damages or losses caused by Customer’s companies, agents, customers or any other persons or third party whatsoever. Customer will, upon demand, indemnify bitdigital against any claims by Customer’s employees, agents, customers or any other persons in respect of any loss, damage or injury arising from any effect or non-compliance of the Services or in respect of any other matter whatsoever.

16. bitdigital is not liable for 'Force Majeure', which means failure or delay in supply of any part of the Services occasioned by strike, industrial dispute, natural disaster, shortage or lack of skilled labour, intervention in any form by customs or other governmental agency, breach of electronic security or electronic banking services or other prohibition or restriction, fire, flood, hostilities, unauthorised disclosure of customer banking and/or credit card information, commissions or other creditors whatsoever, act of war or terrorism or any other event beyond bitdigital ’s reasonable control.

17. The Customer is solely liable and responsible for the content of a Customer web-site in respect of any possible infringement of UK law including but not limited to the Computer Misuse Act 1990, the Telecommunications Act 1984, the Protection of Children Act 1978, the Criminal Justice Act 1988 and the Prevention of Harassment Act 1997.

18. You confirm and warrant that you are the owner of any trade mark in any domain name (or have the authority of the owner of any trade mark to use such name) that you have requested be registered or hosted.

19. You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you, or otherwise authorised by you, for use as a domain name in connection with any website in relation to which the Hosting Service supplied to you is used.

20. These terms and condition are governed by English Law, the English courts having jurisdiction in respect of any dispute arising.

21. The Customer acknowledges that in making payment for the Services invoiced the Customer agrees unconditionally to be bound by these Terms and Conditions.

22. You accept that:

you will not use the Hosting Service as a backup of, or repository for, your Material.
you will maintain good housekeeping to maintain your Material; and
you will comply with our acceptable use policy.
Acceptable Use Policy (AUP)
We have created this to protect our resources, and the resources of our customers and peering networks in order to provide a high-speed network, high availability services and to ensure that as an ISP, we comply with all relevant UK laws. This Acceptable Use Policy (AUP) must be adhered to in conjunction with our Terms and Conditions, unless a bespoke solution is required and agreed in which case only our Terms and Conditions will apply.

bitdigital specialises in the provision of Value Added Internet Services. It is the responsibility of all users of the bitdigital network and services to ensure that they comply with the latest edition of the AUP at any given time.

This AUP may be revised, without notice, at any time, at the sole discretion of bitdigital Completion of the relevant application form, or connection to the service for the first time, is deemed to be an agreement to our Terms and Conditions and this AUP.

In the event of a breach of this policy, bitdigital reserve the right to terminate all or part of any service with immediate effect, without recompense and delete any files held on our servers.

If you have any questions about any of our policies, please contact the offices of bitdigital via support@bitdigital.

Compliance with UK Law
It is an offence under UK law to transmit, receive or store certain types of files.

You may not use our services to engage in activities, or store, transfer to receive material of an indecent, offensive or otherwise illegal nature. Any such activities may result in prosecution by the UK authorities under the relevant Criminal Acts including but not limited to the Computer Misuse Act 1990, the Telecommunications Act 1984, the Protection of Children Act 1978, the Criminal Justice Act 1988 and the Prevention of Harassment Act 1997.

It is also a criminal offence under UK law to knowingly infringe intellectual property rights, such as copyright, patents, database rights and registered trademarks. You are reminded that sharing copyright material through the use of peer-to-peer software may consequently constitute a criminal offence if done without permission of the right owner in question. bitdigital will co-operate with any agency or rights holder wishing to assert their rights in these matters and bitdigital reserve the right to withdraw service under such circumstances.

The Data Protection Act 1998 imposes numerous duties on users who process personal data relating to third parties. Failure to comply with many of these duties constitutes a criminal offence.

Under the Electronic Commerce (EC Directive) Regulations 2002, we, as an ISP, are in general not liable to any criminal or pecuniary penalty for any unlawful acts carried out using our service unless we have actual knowledge of those unlawful acts. Accordingly if we become aware of credible evidence that you have carried out any unlawful acts we will take preventative measures to bring those acts to an end.

Compliance with foreign law
The Internet is global in reach. Consequently it is possible for you to break the laws of foreign countries even though you are based in the UK. You must take all reasonable steps to avoid breaching relevant foreign laws.

Warranties and Disclaimers
Our service warranties and the extent of our liability are explained fully in these Terms and Conditions.

By connecting to the bitdigital network, you agree to hold bitdigital harmless in the event of any legal claim regarding our services.

Security and privacy
Login names and passwords must be kept secret and not be communicated to any third party. bitdigital must be notified immediately if they are compromised. Please keep a note of your password. If you forget or lose your password, you will need to contact support to have it changed.

bitdigital will not guarantee the security or confidentiality of any data transmitted over our network. Where security or confidentiality is required, the customer must provide his or her own end-to-end security mechanism.

Connection to our servers
You may not transfer or give out your connection details for other companies or people to use.

You are responsible for all traffic that is sent from your connection. It is therefore your responsibility to ensure that all software on your side of the connection is virus-free and up-to-date with all relevant security patches.

If we find malicious traffic emanating from your connection, we have an obligation to our other customers and peering networks to take urgent measures to block that traffic. In many cases, this can be achieved by selective port blocking, but in other cases, this will involve disconnecting and suspending the account until the issue has been resolved. We understand that in many cases, you may not be responsible for or aware of the problem, we will work with you to resolve the issue as efficiently as possible to restore normal service.

Email / messaging services
Email / messaging services covers any transaction involving software that transmits messages from one user to another, such as e-mail, IRC, instant messaging or Usenet. Users may not abuse, or make physical threats against, another person via any type of messaging service, or any other electronic media/service we provide.

Users must abide by the policies of any messaging or IRC networks they use. We will co-operate with the administrators of such networks to identify abusive users and restrict their access. Users are reminded that harassment, threatening or slanderous behaviour is prosecutable under UK law.

Users may not forge the sender address of any messages to appear to be from someone they are not.

Due to the public nature of the Internet, bitdigital shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider and no guarantee or representation is given that the Hosting Services will be free from hackers or unauthorised users. You shall be liable for the content of any emails transmitted by virtue of the Hosting Services, for any material you upload to, or allow to be uploaded to, our servers and for ensuring compliance at all times with all relevant legislation (including, but not limited to the Data Protection Act 1998 and all other privacy laws, regulations and guidance notes made or issued there under).

E-mail
Users may not use our services to send unsolicited commercial e-mail (UCE, also known as 'Spam'). bitdigital will block the mail services of any customer found to be sending such mail.

Opt-in mailing lists are allowed where it can be proved that subscribers did opt-in and that a suitable opt-out mechanism is available.

bitdigital reserves the right to remove any mail older than 60 days from the server. It is the customer's responsibility to ensure that mail is regularly collected and removed from bitdigital's POP3 server. bitdigital strongly advises against the use of the POP3 option to keep mail on the server. If a POP3 mailbox contains an excessive amount of mail, bitdigital reserve the right to remove older mails from the mailbox to reduce its size.

The Hosting Service package you order includes the number of mailboxes applicable to that hosting package. However, any mailboxes that have not been accessed for one hundred (100) clear days may be deleted from our system.

Web Space
By uploading to an bitdigital Web server, the customer will be deemed to have accepted and agreed to the Terms and Conditions of use of the Web space service.

You will be responsible for the content of your site, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law. bitdigital reserve the right, without notice or explanation, to remove material which does not comply with bitdigital AUP or our Terms and Conditions, such as material of an adult nature or pirated software.

bitdigital reserve the right to suspend any or all of a site service at any time, without prior notice, explanation, or recompense. bitdigital reserve the right to suspend any or all of a site if it is deemed to be causing excessive load or traffic, is adversely affecting the performance of other sites on a server, or is being abused by an external entity. It is the customer's responsibility to ensure that their scripts are not vulnerable to these problems.

The customer agrees not to advertise their Website via unsolicited commercial e-mail. bitdigital reserves the right to suspend a site that has been 'spamvertised' at any time.

bitdigital does not set hard quotas (a quota is the amount of Web space you have allocated) on Web space. If you go over quota, your Website will continue to work, but you will be notified. It is your responsibility to ensure your quota exceeds your usage at all times. You may upgrade your quota at any time by contacting your account manager. If a site is excessively over quota as per our AUP, bitdigital reserves the right to suspend the site.

Subscribers will be held solely responsible for any defamatory, confidential, secret or other proprietary material made available via your web site. bitdigital reserves the right to suspend any sites containing such material. You must be careful when using peer-to-peer networking software to ensure that you do not download or transfer material that you do not have the right to download or transfer.

Login names and passwords must be kept secret and not communicated to any third party, except for agencies, such as Webpage designers, working on your behalf. bitdigital must be notified immediately if they are compromised. If someone were to gain access to your account password, they could tamper with files held on your site.

Technical Support will only be provided for uploading, downloading and viewing pages. No support will be provided for HTML authoring or page design.

The customer has sole responsibility for ensuring that any data is suitably backed-up. bitdigital will not keep backups of your pages. bitdigital will accept no responsibility whatsoever for loss of data or information resulting from the use of this service.

If the account is suspended for any reason, such as non-payment, access to the site, both for viewing and uploading, may also be suspended.

On closing an account, the relevant data on this Web space will be deleted.

Attempted security breaches
Any attempt to breach the security of any machine is forbidden. Attempting to do so will result in immediate account termination and possible further legal action. Users may not run any program that monitors network packet data or any program that compromises the privacy of network traffic.

It should be noted that attempting to breach security might lead to prosecution under the Computer Misuse Act 1990 or any other relevant criminal legislation.

Attempts to circumvent copy protection technology and encryption are also likely to be illegal under the Copyright Designs and Patents Act 1988 (as amended).

Non-Specific
Users may not mount an attack, by whatever means, against our system, or any other systems. Users may not run unauthorised mailing lists from, or through any of our machines, or mail servers.

When using quota-based service, it is your responsibility to remain within your usage quota. bitdigital reserves the right to delete files for over-quota users if disk space is affecting the normal running of the server. Your account may also be suspended.

On closing an account, the relevant data on this Web space will be deleted.

 

We may revise our Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.

 

 
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