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Full Terms & Conditions

General Terms & Conditions

1. Your status

1.1 By placing an order through our website, you warrant that:

1.1.1 you are legally capable of entering into binding contracts; and

1.1.2 you are at least 18 years old.

1.2 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.

2. How the contract is formed between you and us

2.1 After placing an order, you will receive an e-mail from us accepting your order and, if appropriate, letting you know that the Hosting Service you have purchased has been activated ("Acceptance Confirmation"). Your order constitutes an offer to us to buy our Services and all orders are subject to acceptance by us. The contract between us ("Contract") will only be formed when we send you the Acceptance Confirmation. We may also decline your order for the Services for any reason, in which case we will tell you so.

2.2 The Contract will relate only to those Services we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Services which may have been part of your order until such Services have been confirmed in a separate Acceptance Confirmation.

3. Changes to any of our Terms & Conditions

3.1 Any changes we may make to our terms & conditions in the future will be posted on this page and, where appropriate you will notified by e-mail.

4. Company details

4.1 The owner of this web site is Media Marmot Ltd ("we", "us" and "our"). We are registered in England and Wales under company number 07750490 and we have our registered office at "Media Marmot Ltd, 411 Walton Road, West Molesey, United Kingdom, KT8 2EJ". Our main office phone number is 0844 870 5015.

Refund Policy

1. Our limited money back guarantee

1.1 Once the Contact has been formed you may, subject to clause 1.2, only cancel the Contract in relation to the Hosting Service you have purchased (unless your Hosting Service includes the use of a dedicated hosting server or VPS in which case you may not cancel the Contract). In such cases, you may cancel at any time within thirty (30) days, beginning on the day after you received the Acceptance Confirmation. If you do so, you will receive a full refund of the price paid for the Hosting Service you have cancelled. We will refund the price you have paid to the credit card, debit card or other account you used to make that payment. No other refund will be made. Limited to one per customer.

1.2 To cancel the Contract under clause 1.1, you must inform us in writing through our Contact Us Page before the end of the thirty (30) day period mentioned in clause 1.1. As part of our cancellation process, we will respond to you to confirm your cancellation request.

1.3 You will not have any right under clause 1.1 to cancel the Contract for the supply of any other Services other than that noted in clause 1.1. Therefore, the Services which may not be cancelled include (but are not limited to):

1.3.1 Domain Registration

1.3.2 Use of SSL certificates and other 'add on' products.

2. Consumer rights

2.1 If you are buying as a consumer (i.e., not within the course of your business), ordinarily, the Consumer Protection (Distance Selling) Regulations 2000 allow you to cancel the Contract at any time within seven (7) working days, beginning on the day after you received the Acceptance Confirmation. However, by placing your order for the Services, you agree to us starting supply of those Services before the end of the seven working day cancellation period referred to here. As such, you will not have the right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000.

2.2 This provision does not otherwise affect your statutory rights.

Domain Terms & Conditions

We make every attempt to notify you when your domain is expiring, however it is ultimately your responsibility to monitor the expiry date of your domain and to renew your domain before that date. We do not accept liability for any domain being lost due to expiring. Once a domain expires we and our registrars reserve the right to suspend any services on that domain.

1. Expiry Notifications

1.1 Notifications are issued by email to your registered email address 90 days, 30 days, 7 days and 1 day before their expiry date.

1.2 Additional notifications may also be sent form our registrars.

2. Domain Renewals

2.1 Domain renewals can be made via our website by logging into your Media Marmot account, alternatively you can contact us mentioning the domain you wish to renew and we will assist you with your renewal.

2.2 Renewals are charged at the same price as registration unless stated otherwise on our site. A full price list of domain registrations can be found here.

3. Transfers

3.1 To transfer a domain please log into your Media Marmot account and then go to the contact us page where you will be able to select your domain and place a formal request for a domain transfer.

3.2 There are no admin charges for transferring a domain to Media Marmot or transferring away a domain to another provider. There may however be charges issued by the domain registrar, please see their individual terms and conditions below (section 5.1) for more information.

4. Terminating A Domain

4.1 To terminate a domain please log into your Media Marmot account and then go to the contact us page where you will be able to select your domain and place a formal request for a domain to be terminated.

4.2 When a domain is terminated we will let the domain expire without warning. If you wish to have the domain delted before it's expiry when contacting us please let us know.

4.3 We charge no additional admin fees when terminating a domain.

4.4 No refunds will be made to any domains that are terminated early before their expiry date.

5. Additional Registrar Terms & Conditions

5.1 Domain names are also subject to individual terms and conditions set by the appropriate domain registrar. By purchasing any domain through Media Marmot Ltd you agree to the associated registrars terms & conditions below.

UK Domain Registrations
Nominet is our registrar for all UK based domain registrations (all domains ending in .uk), their terms and conditions are accessed via http://www.nominet.org.uk/registrants/aboutdomainnames/legal/terms/

US Domain Registrations
OpenSRS is our registrar for all US based domain registrations (.net, .com, .org etc), their terms and conditions are accessed via http://www.opensrs.com/docs/contracts/exhibita.htm

Premium Domain Registrations
Centralnic is our registrar for all premium domain registrations (.uk.com, .eu.com, .uk.net etc), their terms and conditions are accessed via https://www.centralnic.com/support/terms/domains

Complaints

We make every attempt to offer a first class level of service, if however you are unhappy with any part of our service please do not hesitate to contact us so we can rectify the problem and find a solution. For UK Domains issues you can also contact Nominet directly via http://www.nominet.uk/resources/complaints/ who will be happy to assist you with your issue.

Hosting Terms & Conditions

This acceptable use policy sets out the terms between you and us under which you may use the hosting services we provide ("Hosting Services"). Your use of the Hosting Services means that you accept, and agree to abide by, all the policies in this acceptable use policy.

1. Resource usage

1.1 The Hosting Services comprise the provision of web space on our servers to enable you to upload pages and files for the purpose of publishing websites.

1.2 The Hosting Services allow you 'unlimited' server space for normal routine "non-file-distribution" web usage. For websites that allow downloading of video, audio or other files we reserve the right to impose a bandwidth limit of twenty-five (25) gigabytes (26,843,545,600 bytes) per calendar month. Non-file-distribution usage will remain unaffected by any limit imposed on downloading of video, audio or other files.

2. Prohibited uses

2.1 You may use the Hosting Services only for lawful purposes. You may not use the Hosting Services:

2.1.1 in any way that breaches any applicable local, national or international law or regulation;

2.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

2.1.3 for the purpose of harming or attempting to harm minors in any way;

2.1.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see section 5);

2.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (also known as SPAM); or

2.1.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

2.2 In your use of the Hosting Services (other than where you are using your own dedicated server), you may not:

2.2.1 use more than 5 % of our server's processing capacity. There are numerous activities that could cause such problems, including (but not limited to) CGI scripts and intensive FTP, PHP or HTTP operations;

2.2.2 run stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCd;

2.2.3 run any type of web spider or indexer; including (but not limited to) GoogleCash and AdSpy;

2.2.4 run any software that interfaces with an Internet Relay Chat network;

2.2.5 run any bit torrent application, tracker, or client. You may link to legal torrent files off-site, but may not host or store them on our servers;

2.2.6 participate in any file-sharing/peer-to-peer activities;

2.2.7 run any gaming servers; or

2.2.8 run cron entries or other scheduled tasks other than by configuring them through our control panel

2.2.9 give away web space under a domain (including Resellers giving away free websites)

2.2.10 operate a proxy website or service.

2.2.11 As a remote file host for other websites.

2.3 You must not use the Hosting Services as an offsite backup facility. Therefore, all files uploaded to our servers as part of your usage of the Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to operate the website of which they form part; We reserve the right to delete files or directories that are not web-visible without giving notice to you.

2.4 All pages of website stored on our servers as part of the Hosting Services will be available to search engines unless you take action to prevent this. If you wish to optimise your web pages for search engines you agree to use coding and techniques which comply fully with the guidelines issued by Google, MSN, Yahoo and other large search engines.

3. Interactive services

3.1 Where you use, or allow the use of, the Hosting Services to host a website on which interactive services (for example, chat rooms or bulletin boards) are provided ("interactive services"), you must ensure the use of best practice to operate those interactive services.

3.2 Notwithstanding the use of best practice in operating the interactive services, you must assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service you allowed to be hosted using the Hosting Services and use appropriate moderation in the light of those risks. However, we are under no obligation to oversee or monitor your use of the Hosting Services in relation to any interactive services you provide or allow to be provided.

4. Content standards

4.1 These content standards apply to any and all material that you allow to be hosted through the Hosting Services ("Material"), and to any interactive services associated with it.

4.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Material as well as to its whole.

4.3 Material must:

4.3.1 be accurate (where they state facts);

4.3.2 be genuinely held (where they state opinions); and

4.3.3 comply with applicable law in the UK and in any country from which they are posted.

4.4 Material must not:

4.4.1 contain any material which is defamatory of any person;

4.4.2 contain any material which is obscene, offensive, hateful or inflammatory;

4.4.3 contain any material that is pornographic;

4.4.4 promote violence;

4.4.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

4.4.6 infringe any copyright, database right or trade mark of any other person;

4.4.7 be likely to deceive any person;

4.4.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

4.4.9 promote any illegal activity;

4.4.10 be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;

4.4.11 be likely to harass, upset, embarrass, alarm or annoy any other person;

4.4.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

4.4.13 give the impression that they emanate from us, if this is not the case; or

4.4.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

5. Suspension and termination

5.1 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Hosting Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.

5.2 Failure to comply with this acceptable use policy constitutes a material breach of the our terms and conditions upon which you are permitted to use the Hosting Services, and may result in our taking all or any of the following actions:

5.2.1 immediate, temporary or permanent withdrawal of your right to use the Hosting Services;

5.2.2 immediate, temporary or permanent removal of any Material (as defined in paragraph 5.1) uploaded to our servers;

5.2.3 issue of a warning to you;

5.2.4 issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

5.2.5 further legal action against you; or

5.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

5.3 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

6. Changes to the acceptable use policy

6.1 We may revise this acceptable use policy 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.

Website Hosting Service Level Agreement

We guarantee the functioning of all hardware components and will replace any failed component at no cost to you. Hardware means the processor(s), RAM, hard disk(s), motherboard, NIC card, and other related hardware included with the server. Once the hardware is identified as being the cause of the issue, it will be replaced within three hours of the diagnosis. If no spare components are available, the machine will be replaced in its entirety.

Our target is for 99.9% network availability for our fully managed shared hosting services in a given month, as measured by internal monitoring systems and excluding scheduled maintenance.

You are responsible for backing up all your data.

Our Service Level Agreement does not cover the following circumstances:
- Any events beyond the reasonable control of Heart Internet, including, but not limited to, fire, flood, virus attacks and hacking, or failure of third-party software
- DNS issues outside our direct control
- Any customer actions that lead to technical issues, including, but not limited to, custom scripts or coding, third-party software installed by the customer, wilful misconduct, or breaches of our terms and conditions
- Upgrades, scheduled maintenance, or emergency maintenance

Privacy Policy

1. Information we may collect from you

1.1 We may collect and process the following data about you:

1.1.1 information that you provide by filling in forms on our website www.mediamarmot.com (our "site"). This includes information provided at the time of registering an account, purchasing services from us or requesting further services. We may also ask you for information when you report a problem with our site or the services you have purchased;

1.1.2 if you contact us letter or email, we may keep a record of that correspondence;

1.1.3 we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;

1.1.4 details of transactions you carry out through our site and of the fulfilment and administration of your orders; and

1.1.5 details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access and use.

2. IP addresses and cookies

2.1 We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

2.2 For the same reason, we may obtain information about your general Internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:

2.2.1 to estimate our audience size and usage pattern;

2.2.2 to store information about your preferences, and so allow us to customise our site according to your individual interests;

2.2.3 to speed up your searches; and

2.2.4 to recognise you when you return to our site.

2.3 You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

3. Where we store your personal data

3.1 The personal data that we collect from you will be stored on our servers inside the European Economic Area ("EEA"). By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

3.2 Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

3.3 Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

4. Uses made of the information

4.1 We use information held about you in the following ways:

4.1.1 to ensure that content from our site is presented in the most effective manner for you and for your computer;

4.1.2 to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;

4.1.3 to carry out our obligations arising from any contracts entered into between you and us;

4.1.4 to allow you to participate in interactive features of our service, when you choose to do so;

4.1.5 to notify you about changes to our service.

4.2 If you have placed an order for our services, we will use the information we hold to send you our regular newsletter. This newsletter is our primary method of communicating with you and will inform you of changes to our site, notify you of planned outages and updates to our services, and keep you informed about our services generally. By placing an order for our services, you consent to us using the information we hold about you in this way.

4.3 If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.

5. Disclosure of your information

5.1 We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in UK Companies Act 2006.

5.2 We may disclose your personal information to third parties:

5.2.1 in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets; or

6. Disclosure of your information

6.1 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data.

6.2 Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

7. Access to information

7.1 The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

8. Changes to our privacy policy

8.1 Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate you will be notified by e-mail.