Last updated 10th January 2011
This document sets out the terms and conditions that apply to
services provided to clients by DotNetted, the document also covers
the acceptable use of these services and the resources they include.
DotNetted provides Web site hosting, domain name registration
and management. DotNetted reserves the right to suspend or cancel
a clients access to any or all services provided by DotNetted
if that client is found to be in breach of the following terms
and conditions / acceptable usage policy.
Please note that .uk domains registered on our clients behalf
by DotNetted are also subject to by Nominet's terms and conditions
which can be found here.
To place an order through the DotNetted web site clients will
have to tick a checkbox to indicate that they have read, understood,
and agree to these terms and conditions. A prominent link to these
terms and conditions also appears on the DotNetted web site.
Placing an order will be taken as agreement by the client to
these terms and conditions. DotNetted reserves the right to revise
its policies at any time, please check this document regularly.
Spamming / unsolicited mail
The sending of Spam from a DotNetted server or the use of any
domain name that resolves to a DotNetted server within Spam mail
is strictly prohibited will result in a warning or, at Dotnetted's
discretion, suspension or termination of the clients account.
In extreme cases DotNetted also reserve the right to bill the
account holder for time spent by our staff responding to unsolicited
mail complaints and removing our details from blacklists at the rate of £50 +vat per hour.
Spam is defined as any unsolicited mail sent promoting products
or services, whether for profit or not, to a recipient that has
not expressly agreed to receive this information in advance. Note
that Spam does not need to be bulk mail, a single unsolicited
mail is still Spam.
Illegal or unsuitable content
The following items may NOT be stored on our servers or transmitted
via e-mail using DotNetted servers / network.
Illegal Material - This includes copyrighted works, commercial
audio, video, or music files, and any material in violation of
any Local, National or International regulation.
Adult Material - Includes pornography, frontal nudity, explicit
erotic images, racially derogatory material or otherwise obscene
or offensive content.
Warez - Includes pirated software, ROMS, emulators, phreaking,
hacking, password cracking, IP spoofing, etc., and links to information
on any of the above.
Viruses - All files uploaded to DotNetted's servers should first be checked by the client as clean from viruses, trojans or other malware.
In the event that any of the above content is found to have been uploaded to a clients account the files will be deleted and the client will receive a warning. Repeated offences will result in account suspension or cancellation at DotNetted's discretion. DotNetted also reserve the right to immediately suspend or cancel an account where the offence is severe or we believe the client to have knowingly and deliberately breached these terms and conditions.
Bandwidth / resources usage
DotNetted hosting packages are sold with a set allowance of
monthly bandwidth, storage space and SQL Server space - if an account is found to
have used more than it's allowed resources DotNetted will contact the
client and ask them to upgrade their package to meet the demands using the following schedule :
1) DotNetted will initially contact the client to inform them of the overage and request them to decrease usage to within their allowance or increase the allowances on their account to suit.
2) One week after the initial warning, if the overage continues and additional resources have not been added to the account, DotNetted will follow this up with second warning.
3) One week after the second warning, if the overage continues and additional resources have not been added to the account, DotNetted will add resources to the customers account to cover the overage and bill accordingly.
In rare cases, DotNetted may find a client to be using server
resources to such an extent that he or she may jeopardise server
performance and resources for other clients. If an account is
found to be monopolising the resources available, the account
will be suspended and the account holder contacted in order to
discuss the situation. If no arrangement can be reached, DotNetted
reserves the right to terminate the account.
We perform daily backups of our servers and customer data. Please
note, however, that these backups are performed to allow restoration
of data by DotNetted if there is a server related problem, they
are not generally available to clients to restore files that have been damaged
or deleted by the client.
In the event of a non-recoverable server failure we will endeavour
to restore the server exactly as it was before the failure (to
the point of the last daily backup) including all client data.
However we offer no guarantee of 100% restoration of data - it
is the clients responsibility to always keep an up to date local
copy of their site and data.
All services are charged on a prepay basis either yearly or monthly.
Although DotNetted reserves the right to change the prices of
provided services at any time all pricing is guaranteed for the
period of prepayment. Where the account is paid yearly in advance
we guarantee that price for the full year. Where paid monthly
we guarantee the price for that month only. Clients will be notified
at least 30 days in advance of any price changes.
Clients will automatically be billed again at the end of their
current payment period unless written cancellation notification
has been received by DotNetted.
The client is responsible for all charges accumulated on their
account from the time it was established to the time that DotNetted
receives, and confirms receipt of, a written cancellation request.
If a clients account, for whatever reason, falls into arrears
DotNetted reserves the right to suspend the account until the
outstanding charge is received successfully. In addition, DotNetted
reserves the right to suspend any other services provided to the
client until the outstanding debt is cleared.
If the account falls more than 14 days in arrears Dotnetted
reserves the right to cancel the account and delete all related
A charge of £25.00 will be applied in the case of a credit
/ debit card chargeback determined to have been requested on a
legitimate credit / debit card charge.
Cancellation and refunds
Clients may cancel their services and stop further charges at
any time, however fees paid on a prepay basis are non-refundable
in the event of client cancellation. Notification of cancellation
must be received by DotNetted in writing. E-Mail notification
must include sufficient information (including main account password)
to prove that the sender is in fact the account owner.
DotNetted reserves the right to cancel services at any time.
If an account is cancelled through no fault of the client then
the client will be entitled to a pro rata refund of fees paid.
If a clients account is terminated due to contravening DotNetted
terms and conditions a refund will not be issued.
Based on the above, refunds may be given at the discretion of the management.
We make no representation that the domain name you wish to register
is capable of being registered by or for the client or that it
will be registered in the clients name. The client should therefore
not assume registration of your requested domain name(s) until
notified that it (or they) have been registered. Any action taken
by the client before such notification is at their own risk.
Continued Domain Availability
DotNetted give no warranty that your domain name is or will continue
to be available for use or that no domain name is or will be registered
which conflicts with your domain name or which otherwise affects
use of your domain name.
Domain transfer and release
DotNetted apply no charge for releasing or transferring a domain
to another provider - permission for release or transfer must
be supplied by the client in writing, e-mail notification must
include sufficient information (including main account password)
to prove that the sender is in fact the account owner.
DotNetted will not release any domain name to another provider
if the clients account is in arrears.
Domain Naming authority terms and conditions
The registration and use of any domain name is subject to the
terms and conditions of use applied by the relevant naming authority.
It is the clients responsibility to ensure that they are aware
of those terms and conditions and comply with them. The client
shall have no right to bring any claim against DotNetted in respect
of refusal to register a domain name or cancellation of the domain
name by the relevant naming authority.
.uk domains are subject to Nominet's terms and conditions which
can be found here.
Domain Name Disputes Liability
DotNetted shall have no liability in respect of the use by the
client of any domain name and any dispute between the client and
any other party must be resolved between the parties concerned
in such dispute.
In the course of serving its clients DotNetted acquires, stores
and transmits client communications and information that clients
may regard as private or sensitive. Some of this information (such
as the client's name, address and telephone number) is provided
to DotNetted by its clients in order to establish service. Other
information (such as the client's account status, choice of services
and client logs) is created and maintained by DotNetted in the
normal course of providing service.
DotNetted will not disclose any clients personal and account
information unless DotNetted has reason to believe that disclosing
such information is necessary to identify, make contact with,
or bring legal action against someone who may be causing harm
or interfering with the rights or property of DotNetted, DotNetted's
clients, or others, or where DotNetted has a good faith belief
that the law requires such disclosure.
Electronic commerce laws
The client agrees that the client is solely responsible for complying
with such laws, taxes and tariffs, and will hold harmless, protect
and defend DotNetted against any claim, suit, penalty, tax or
tariff arising from the clients exercise of Internet Electronic
Any client taking orders and / or payments via a web site hosted
with DotNetted MUST always display accurate and up to date contact
information on their web site. Failure to provide accurate and
current information may, at DotNetted discretion, result in a
warning or suspension of the clients account until such details
DotNetted shall not be responsible for any failure to provide
any service or perform any obligation because of any act of God,
strike, work stoppage, governmental act or directive, war, riot
or civil commotion, equipment or facilities shortage which are
being experienced by providers of telecommunication services generally,
or other similar force beyond its reasonable control.
When using a DotNetted account the client agrees that it shall
defend, indemnify, save and hold DotNetted harmless from any and
all demands, liabilities, losses, costs and claims, including
legal fees asserted against DotNetted, its agents, its clients,
officers and employees, that may arise or result from any service
provided or performed or agreed to be performed or any product
sold by client, its agents, employees or assigns.
The client agrees to defend, indemnify and hold harmless DotNetted
against liabilities arising out of :
(1) any injury to person or property caused by any products sold
or otherwise distributed in connection with DotNetted servers.
(2) any material supplied by client infringing or allegedly infringing
on the proprietary rights of a third party.
(3) claims of liable, slander or defamation of character of an
individual or organisation originating from documents installed
by the client on DotNetted servers.
(4) copyright infringement.
(5) any defective products sold to client from a clients site
hosted on a DotNetted server.
DotNetted will not be responsible for any damages your business
may suffer. DotNetted makes no warranties of any kind, expressed
or implied for services we provide. DotNetted disclaims 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 DotNetted and