General Terms Of Service
The Boring But Necessary Stuff
Yes we know it is very boring but these are the rules of our business which you legally agree to abide by when you sign up for any of our services.
You need to be aware of these, after all we could have small print which ropes you in to making us coffee every day.
Read General Terms Of Service ⇓
Below are terms and conditions relating to the use of 3001web.com’s services.
Consent to Store Data
General Client Terms
1. Without exception all clients of 3001Web are required when signing up for services to provide the following:
- Clients full legal name
- Company/Website or trading name
- A full, current postal address
- Valid and functioning telephone contact details
These may be checked from time to time to ensure all contact details are current and valid. If any of the above change you should notify 3001Web.
UK DPA And GDPR
- You MUST comply with the UK Data Protection Act 2018 and GDPR regulations if you wish to use our web hosting services. By agreeing to these terms of service you are warranting that your business is GDPR compliant.
- You as a site owner and your staff MUST be aware of your responsibilities within these privacy regulations and have best practices in place.
- We provide GDPR compliant web hosting however while we share some responsibility for your data it is not our responsibility to ensure your business is compliant.
- 3001Web will not act upon or process any of your data or the data of your client without a written request from you the data controller. This is usually done in our secure support system. Such requests will be stored for a period of 5 years.
- By agreeing to these terms of service you are authorising us to store the data relating to your site securely on our servers.
- By agreeing to these terms of service you are authorising us to remotely back up ALL your sites data including the data of your clients securely to our Google Drive account and any backup system provided by the data centres we use. These backups are for disaster recovery purposes.
- We will at ALL times co-operate with the ICO in the UK and any other regulatory bodies in the countries where our client's sites are located.
- We will notify the data controller (you) within 24 hours if we are made aware of a data breach on your site. We will also notify the relevant official bodies such as the ICO within 72 hours.
- We will assist clients where needed to facilitate requests from their customers concerning their rights as data subjects.
- We will by default design new websites with data privacy and security in mind.
Domain Name Registration
- You must make sure the domain name you wish to use for your hosting has been registered to you before applying for hosting with 3001Web.
- The registration and use of your domain name are subject to the terms and conditions of use applied by the relevant Registrar you must ensure that you are aware of those terms and conditions and that you comply with them.
- We shall have no liability in respect of the use of any domain name registered by you. Any dispute between you and any other person/company must be resolved between the parties concerned we will not get involved in any way. We recommend you do not register any domain that is too close to the registered trademark of any company. (EG Yahooooooooo.com) In cases of a legal dispute over a domain name, we reserve the right to suspend your hosting without giving reason until we are satisfied the dispute has been settled.
Web Site Hosting
- You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes and to promptly inform us if any clause or subclause of this section of our terms of service has been breached or you become aware that they may have been breached. In particular, you represent, warrant and undertake to us that:
- You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
- You will not upload, post, link to or transmit: Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way. Any material containing a virus or other hostile computer programme. Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trademark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction. Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation. Warez – Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also, includes any sites which provide “links to” or “how-to” information about such material. Any file that you do not own the copyright to in the first person, including mp3’s, games (including mods, patches, and add-ons), free software, shareware, etc.
- You will not employ programs that consume excessive system resources, including but not limited to processor cycles and memory.
- Chat/IRC and web proxy scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums that use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum. The use of webcam applications that maintain a constant FTP connection uploading an image at regular intervals is forbidden.
- Files that are not related to the daily use of your website may not be stored on our servers this includes site backups. We randomly check all accounts for none linked files using a spider. If you are storing non-related material on our server we will ask you to remove it. Refusal to co-operate may result in a service suspension.
- We reserve the right to temporarily suspend any site containing material we deem inappropriate until such times as that material is removed or you find another service provider. LEGAL adult content is allowed at the discretion of 3001Web, please check with us before opening your account.
- You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including but not limited to loss, theft or unauthorised disclosure of your password or other security information.
- While we take daily and monthly backups of your site, ultimately YOU will be responsible at all times for keeping your own full backup of your site including all files, folders, images and database backups where applicable.
- In the case of an individual User, you warrant that you are at least 18 years of age.
- While we will use every reasonable precaution to ensure the integrity and security of the Servers, we can not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
- Site backups MUST be stored either on your own devices by downloading them or stored remotely on non-3001Web servers. We perform several different backups of your site which are stored remotely. You can see details on the backups we take and how you can order extra backups here. Under NO CIRCUMSTANCES must backups of your site be stored within your hosting account see clause 11 above.LIMITS OF LIABILITY FOR WEB HOSTING SERVICES
We shall endeavour to make available to you at all times the Server and the Services, but we shall not, in any event, be liable for interruptions of Service or down-time of the Server. 3001Web or its staff will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for the hosting services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by 3001Web and its employees.
The service may become unavailable for any of the following reasons:
Essential Scheduled Maintenance.
We will inform you of this in advance by email and where possible schedule such work outside business hours in the country the server is located in.
In this case, we may not be able to provide any notice but any work will be carried out as quickly as possible.
These may be local to our data centres or to your own neighbourhood or any number of points in between. We have absolutely no control over these kinds of issues.
In the event of hardware failure, we will work to rectify any issues as quickly as possible.
Should our servers ever be breached we may need to suspend service while we investigate a breach and re-secure the server.
It is possible that some actions may trigger our security protocols preventing IP addresses or individuals from accessing our services. In these instances please contact us by email or telephone for support.
Please be aware that servers need regular maintenance to keep running smoothly. It is always our aim at 3001Web to keep our servers as healthy and secure as they can be while minimising any disruption as far as possible.
3001Web will not be liable to you or any third-party for damages, real or perceived for but not limited to; data loss, losses in profits, losses in advertising spend, lost savings or other incidental, consequential or special damages, as a result of our servers not being available due to planned maintenance, emergency maintenance, hardware or network failures or any other interruption to the service.
The maximum compensation we would ever offer to you, at our discretion, will not exceed a daily pro-rata hosting refund covering the period the service is unavailable. This will not be applicable in the event you trigger a firewall on our servers when trying to access your site or our server security blocking what it considers to be suspicious or potentially dangerous traffic.
Use Of Email Servers
- We make no representation and give no warranty as to the accuracy or quality of the information received or sent by any person via the 3001Web free email Server and we shall have no liability for any loss or damage to any data stored on the Server whatever the cause of the loss or damage.
- Our email server is provided as a free complimentary service to complement your hosting account with us. It is provided on an "As is" basis. If your business is email critical you should have us set up professional email on a server specifically designed for that purpose independent of your website hosting. Professional email hosting is very reasonably priced and the benefits far outweigh the costs. Backing up your email data is your responsibility, not ours.
- Our free email server is shared with all our clients who choose to use it and runs from a single IP address. Should our mail server IP address be listed on any public RBL spam databases as a result of spam mail sent from our servers we will, of course, investigate the origin of the spam, contact the offender and insist they fix the issue. In this case, we may temporarily or permanently suspend access to the email server for that client until we are satisfied that the errors or issues have been addressed. We will then apply to the RBL to delist our IP address. Delisting times are not something we can control they can take anywhere from 24 hours to 2 weeks it depends on how long the RBL who listed us takes to remove our IP. Should our free mail server IP be blacklisted this can affect email deliverability for all clients using the server until it is delisted. Please do not send abusive tickets to our staff. Understand that we can not monitor thousands of emails sent by many websites daily from our server. If you are concerned about this we recommend you have us set up your email separately on a professional email service. Professional email hosting is very reasonably priced and the benefits far outweigh the costs. Using a free email server shared with others can from time to time affect email deliverability.
- You will not send bulk emails whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email from another network. Let us be clear on this if you use a bulk email service they will include the URL to your site. If enough people complain about the emails they send and we receive spam complaints we will have no other choice but to suspend your email facilities pending a full enquiry.
- While we take daily backups of your email along with your site we cannot guarantee the integrity of such backups. Backing up your email is your responsibility and not the responsibility of 3001Web or its staff.
- You shall procure that all mail is sent in accordance with applicable legislation and international anti-spam guidelines (including data protection legislation) and in a secure manner.
- If you run a mailing list it MUST be hosted remotely NOT on the 3001Web servers and it should conform with international anti-spam laws. We highly recommend that you use a third-party service for sending out newsletters.
LIMITS OF LIABILITY FOR WEB HOSTING SERVICES
We make no representation and give no warranty as to the accuracy or quality of the information received or sent by any person via the 3001Web email Server and we shall have no liability for any loss or damage to any data stored on the Server whatever the cause of the loss or damage may be.
Our email service is provided as a free complimentary service to complement your hosting account with us. It is provided on an "As is" basis. If your business is email critical you should have us set up professional email on a server specifically designed for that purpose independent of your website hosting. Professional email hosting is very reasonably priced and the benefits far outweigh the costs. Backing up your email data is your responsibility, not ours.
3001Web will not be liable to you or any third-party for damages, real or perceived for but not limited to; email data loss, lost orders, losses in profits, losses in advertising spend, lost savings or other incidental, consequential or special damages, as a result of using our email servers.
Use Of Images And Content
You guarantee that any text, graphics, photos, designs, trademarks, or other items you provided to 3001Web during the design of your website are owned by you, are royalty-free or you have full permission from the copyright owner to include said content. You agree that any image or content you add to your own site is owned by you or you have permission to use it. You agree to indemnify 3001Web or any of its employees from any responsibility in the case of any copyright claims for such materials made against you or your company.
Be aware that you can NOT simply use an image you find on a search engine on your site nor can you simply copy and paste content from another site. Both these things can be deemed as copyright theft and may be prosecuted by the copyright owner. Recently UK website owners were fined £5000 for using an image from Google in a blog.
If you are in doubt contact us and ask.
Should we receive a copyright complaint against your site we will immediately investigate. If we see that any content or images have been used without permission from the complaining parties' site, we will without notice suspend your site until such infringing material is removed.
Newsletters And Mailing Lists
1. If you wish to send newsletters or have a regular members mailing list you MUST WITHOUT EXCEPTION use a third party, legal double-opt-in mailing program, you should also obtain specific, recorded consent from the user to send them commercial mailings. This is in line with GDPR regulations. This MUST require a specific action from the user, pre-checked boxes are no longer acceptable.
2. In all newsletters, your subscribers MUST be presented with a link to remove their email address from your list immediately. We are sorry but “reply with unsubscribe” to be removed is not acceptable.
3. Your mailing list software should record the IP address the user signed up from to safeguard you from spam complaints.
4. If you choose an email provider that requires DNS zone changes to your domain such changes will be billed at our usual editing rates if we perform those changes for you.
We require that you use a third-party service for sending out newsletters. Our servers should not be used for this purpose.
Use Of Web Scripts
The use of PHP or asp scripts is allowed on the 3001Web servers with the following conditions:
1. All commercial scripts including but not limited to: shopping cart scripts, CMS scripts, WordPress or other web-based programming MUST be kept up to date. Should the authors of your programme release a security update it must be installed IMMEDIATELY or as soon as is practically possible. 3001Web reserves the right to temporarily suspend any site using outdated or insecure scripts.
If you do not have the time or experience to do these updates yourself please upgrade to one of our managed hosting packages and we will do them for you automatically.
2. Scripts that require “globals on” are a security risk to any server, and therefore are not permitted on our servers. Please check with the authors of your scripts for a version that can run with globals turned off.
3. WYSIWYG server-based scripts are not allowed at 3001Web for security purposes. There are many PC based WYSIWYG programs available it is not necessary for this kind of program to be run on the server. This does not apply to built-in editors in programmes like Cubecart or WordPress. If you are unsure whether a program you use qualifies please contact support.
Use Of 3001Web Software Licenses
When building websites we may use premium themes and plugins that carry yearly fees. If such plugins or themes are not listed individually on your original web design invoice then we have provided them under our developer license as a courtesy for hosting your site with us, we DO pay yearly for such licenses but we choose not to pass those costs on to you for certain plugins or themes. We do this to keep the cost of our web design packages down and to add value for our clients. Please be aware that unless you have purchased your own license for a premium plugin or theme it will be your responsibility to re-license should you move your site to another web host. We will, of course, provide links to the plugin or theme creator to make it easy to re-license.
Should you decide to move your site to another host you will no longer have access to our licenses as they are typically server-based licenses. To be clear you will NOT have been charged for the use of these themes or plugins up to the point of moving your site.
Please make sure you are aware of our limits of liability policy for Web Hosting, Web design, Website Editing and email services BEFORE you order products and services from us.
3001Web reserves the right to change these terms of service at any time. All clients will be notified by email of any changes. These and our other terms of service pages constitute our contract with you for services as such by using our services you are agreeing legally to these terms.
Last Updated 13.10.2021
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