Terms and conditions of service
Webwam Ltd (“we”, “our”, “us”) provides e-mail, hosting and access to the Webmanager (“service”).
The following are the terms and conditions that apply to the use of the service and you, as the customer, agree to be bound by them. These terms and conditions will take effect when you sign up to use the service.
Our business is continually evolving and for this reason we have the right to change our terms and conditions when we consider it necessary. You are responsible for ensuring that you keep up to date with our terms and conditions.
1. Use of the service
a) We may refuse to provide the service and/or access to the service to anyone.
b) We may suspend or cancel your account if we consider that you are using the service inappropriately.
2. Support
a) We will endeavour to provide a continuous high quality service. If you experience problems with your service, you should contact us at service@webwam.co.uk
b) Please note that we may need to suspend the service for short scheduled periods to carry out maintenance or repair to the service. Where we need to do so, we will provide details on our website of any planned interruptions to the service.
3. Web hosting
a) We do not offer unlimited web space and your web space must not exceed 50 MB. Uploads to our server using PHP are limited to 10 MB.
b) Websites must not contain any backups, downloads or other non-web based content.
c) Scripts on your website must be designed to produce web-based content, and not to use the server as an application server. Using our servers to generate large volumes of email from a database is an example of activity that is not allowed. Scripts should not attempt to manipulate the timeouts on our servers, as these are set at the present values to ensure the reliability of our servers. Websites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed. Scripts that are designed to provide proxy services, anonymous or otherwise, are also not allowed.
d) We will disable any account which fails to adhere to the following criteria as soon as we become aware of any such failure:
i) The primary purpose of any website must be to provide web-based content to viewers. Files on the website must be linked to the website.
ii) The primary purpose of any script must be to produce a web page. Scripts that send a single email based upon user entered information, or update a database are acceptable. Scripts that send bulk email or perform processor intensive database processes are not allowed.
iii) All outgoing mail is monitored and filtered and must be sent to or from a Webwam-hosted account.
iv) Websites must not contain copyright protected material that you are not entitled to use or any other illegal material. The onus is on you to prove that you own the rights to publish material, not for us to prove that you do not.
v) Websites must not contain adult material. Adult material includes (but is not limited to) all pornography, erotic images, or otherwise lewd or obscene content. It is for us to determine what amounts to adult material.
vi) Websites must not use excessive amounts of server resources. These include bandwidth, processor utilisation and/or disk space.
vii) Websites must not contain scripts that attempt to access privileged server resources, or other websites on the same server.
4. Email
a) If we identify a mailbox or domain that is causing problems, we will either remove the offending mailbox or change its settings to resolve the issue. In extreme cases, we may (as appropriate) disable your email or suspend your account.
Common issues that cause problems are:
i) A mailbox receives large volumes of undeliverable email.
ii) Mailboxes have forwarders set to other mailboxes where mail cannot be delivered.
iii) Mailboxes have forwarders and/or auto-responders that generate circular mail loops.
b) You must not use our email service to send messages or communications:
i) which are unsolicited, offensive, abusive, indecent or obscene; and/or
ii) which cause annoyance, inconvenience or anxiety to another internet user; and/or
iii) for the purpose of fraud or with the intention of committing a criminal offence.
c) We will block SMTP traffic to and from our servers to prevent the sending of bulk unsolicited mail where:
i) we identify a server that has an open mail relay; and/or
ii) a significant volume of mail is sent from an account in a defined timescale; and/or
iii) we have received significant volumes of complaints concerning unsolicited mail originating from a Webwam-hosted account.
d) To prevent our IP address being blocked by IP address blocking, we may also disable an account where we have received significant volumes of complaints concerning unsolicited mail originating from or being sent to promote a website hosted on a Webwam server.
e) We will suspend access to any account which:
i) contains invalid or fraudulent details; and/or
ii) initiates a payment card chargeback.
f) Subject to paragraph 4g) If we disable a website, we will:
i) send an automated email to the account administrator informing them of the suspension;
ii) provide follow up correspondence during office hours detailing the reasons for the suspension and what actions, if any, the administrator should take to rectify the situation; and
iii) work with you to suggest a resolution and, where an agreement has been reached, arrange for service to restored as soon as reasonably possible.
g) We will not re-enable any account which has a history of similar misuse.
h) For less serious cases, such as email problems, we will contact you to advise you of any changes we have made to your account and the reasons for those changes.
5. Payment policy
a) All accounts are set up on a pre-pay basis. We have the right to increase our fees at any time but any increase will not apply to any pre-paid fees.
b) We will give you 30 days’ notice, by e-mail, of any increase in our fee. If you pay 12-monthly, any fee increase will not apply until the next renewal. If you pay monthly, the fee increase will take effect in the month after we have given you notice.
c) Notice of any increase will be sent to the email address held on the Webwam server.
6. Cancellation
a) You may cancel your account at any time by emailing us. When we receive your email, we will email you to confirm the closure of your account.
b) We may cancel the service at any time.
7. Refunds
a) If you cancel your account or we cancel the service because you are in breach of these terms and conditions, you will not be entitled to a refund of any pre-paid fee.
b) If we cancel the service other than as provided in paragraph 7a), you will be entitled to a pro-rata refund based on the balance of the payment period (12 months or one month) left to run.
8. Security / backups
a) You are entirely responsible for keeping confidential your username and password. We recommend that you change your password every six months for security reasons.
b) You are responsible for any and all activities that occur on your account and must notify us immediately of any unauthorised use of your account or any other beach of security. You agree that we are not liable for any loss you may incur as a result of someone else using your account either with or without your knowledge.
9. Intellectual property
We hold all rights, title and interest in the Webmanager, any applications and any other software we may develop from time to time and no title or interest in any such intellectual property is or will be transferred to you.
10. Disclaimers and warranties
a) We do not back up your website and you are solely responsible for ensuring that your website and its content are fully backed up.
b) We make no warranties or representations that the service will be uninterrupted or error-free. You accept the service "as is" and “as available” without warranty of any kind.
c) All implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are excluded in relation to the provision of the service to the fullest extent permitted by law.
d) We have no liability for any services or products supplied by any third party.
e) We have no liability for any loss or damage of whatever kind which you may suffer arising out of or in connection with any breach of these terms and conditions or any act, misrepresentation, error or omission made by you or on your behalf.
f) We have no liability for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising that you may suffer or for any wasted management time or failure to make anticipated savings or any liability you incur to any third party arising out of or in any way connected with the provision of the service or otherwise or for any account for profit, costs or expenses arising from such damage or loss.
g) No matter how many claims are made and whatever the basis of such claims, our maximum aggregate liability to you under or in connection with the provision of the service in respect of any direct loss (or any other loss to the extent that such loss is not excluded by any other of these terms and conditions), whether such claim arises in contract or in tort, does not exceed a sum equal to the amount you have paid for the service during the 12 months preceding your first such claim.
h) Nothing in these terms and conditions excludes any liability we may have for death or personal injury caused by our negligence or the negligence of any agents acting in the course of their agency or for fraudulent misrepresentation.
i) We are not liable for any interruptions to the service or outages arising directly or indirectly from:
i) interruptions to the flow of data to or from the internet;
ii) changes, updates or repairs to the network or software which we use as a platform to provide the service;
iii) the effects of the failure or interruption of services provided by third parties;
iv) factors outside of our reasonable control;
v) your actions or omissions (including, without limitation, breach of any of your obligations under these terms and conditions);
vi) problems with your equipment and/or third party equipment; or
vii) interruptions to the service.
11. Headings
The paragraph headings in these terms and conditions are solely for convenience and have no legal or contractual significance.
12. Survival of provisions
Notwithstanding the termination of the service for whatever reason, the provisions relating to any warranties, representations or liability will continue to apply.
13. Severability
If any of these terms and conditions is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other terms and conditions will continue to apply.
14.Third Party Rights
A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 (Act) to enforce any of these terms and conditions. This does not affect any right or remedy which exists or is available apart from that Act.
15. Waiver
A failure or delay by us to exercise any right under or act upon a breach of these terms and conditions will not be a waiver of that right or breach. If we or you waive a right under or a breach of these terms and conditions, that waiver is limited to the particular right or breach.
16. Governing Law
This contract is governed by English Law and we both agree to the exclusive jurisdiction of the English courts.
17. Entire Agreement
This document contains all the terms and conditions governing the provision of the service and replaces all previous terms and conditions.