General Terms of Hosting Service (TOHS):

The following terms and conditions apply to all HOSTING services ordered from S.H. Watkins and do not affect your statutory rights. By ordering HOSTING services from S.H. Watkins you are agreeing to these terms and conditions.

S.H. Watkins reserves the right to suspend or cancel a customer's access to any or all HOSTING services provided by S.H. Watkins when S.H. Watkins decides that the account has been inappropriately used or otherwise.

When you purchase your hosting package from S.H. Watkins, the account is for the domain you signed up with and that domain alone, unless otherwise stated via an arrangement prior to signup. If you wish to host small sub sites then you must contact S.H. Watkins before doing so. If the small subsites consume more bandwidth than is allocated, the owner will be asked to upgrade the account accordingly.

S.H. Watkins is not responsible for any claims resulting from the use of our service and does not allow storage of: including, but not limited to the following:

• Illegal / Banned Material - This includes copyrighted works, commercial audio, video, graphic, or music files and any material in violation of any local, British or country law.
• 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.
• Offensive Material - Any material which, at the discretion of S.H. Watkins, may cause reasonable offence or upset to others.
• Grey Matter Scripts - Due to the security holes and the detrimental affects these scripts can have on server resources the use of Grey Matter scripts are prohibited.

The customer is liable to the fullest for all actions of any copyright or infringements conducted on their sites and contents. The customer acknowledges the 1988 Copyright Designs and Patents Act and agrees that it shall defend, save and hold S.H. Watkins harmless from any and all demands, liabilities, losses, costs and claims, including reasonable lawyer's fees asserted against S.H. Watkins, its agents, its customers, officers and employees.

Content Submitted to S.H. Watkins

You acknowledge that S.H. Watkins does not pre-screen content, but that S.H. Watkins and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, S.H. Watkins and its designees shall have the right to remove any content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Bulk E-mail, Commercial E-mail (Spamming):

The use of our network to send commercial bulk e-mail whether opt-in or otherwise to promote a site either maintained by S.H. Watkins or another party is strictly forbidden, and could result in your account being deactivated without a refund. Under no circumstances does S.H. Watkins tolerate the sending of spam and will suspend an account for which the owner is believed to be sending out the unsolicited mail.

Mailing Lists may be operated as long as individuals choose to subscribe to receive mailings AND have the ability to automatically opt out of the mailing list. If a complaint is received that this is not being carried out, S.H. Watkins reserves the right to suspend any customer account.

We do not allow any domains on our network who have previously aquired a spam record While being hosted elsewhere as this can lead to our network being black listed.

Support Procedures

The first method of support must be an email to support@shwatkins.com. Please allow us time to respond to your request. We answer queries on a FIFO - First In First Out basis. We also prioritise requests based on service level, the foremost being dedicated, then business and personal levels.

The second method of support is via telephone. A support request must be submitted before calling and sufficient time for us to reply online allowed. If your site is down, please check our home page for bulletins, then follow your prescribed emergency procedure and we can look into the issue.

Unfortunately due to abuse of the telephone system we must advise that if the above procedure is not followed we will issue a surcharge on your account of $10 per call. It is not acceptable to place multiple calls repeatedly to get our attention. We will respond to your query and work to resolve the issue.

If you have any questions regarding our policies, please do not hesitate to contact us. We value your feedback.

Server Abuse

Any attempts to undermine or cause harm to the S.H. Watkins servers or a customer of S.H. Watkins is strictly prohibited. S.H. Watkins holds no responsibility for the use of our customer's accounts. Any account that abuses resources and actions are not taken to desist, calls for immediate deactivation without any refund of payments made so far. Any site using what S.H. Watkins deems to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms. Chat/IRC, web proxy and unsolicited mailing list scripts are not allowed on our network under any circumstances. Customer acknowledges that S.H. Watkins may suspend any account deemed to be abusing service to maintain the smooth running of the server.

IP Addresses

S.H. Watkins maintains control of all IP Addresses that may be assigned to a customer site and reserves the right to change or remove any and all IP addresses.

Domain Name Registration

Domain name registration is subject to the terms and conditions of S.H. Watkins. S.H. Watkins does not guarantee that domain names can be registered. S.H. Watkins reserves the right to refuse to register domain names. No action should be taken in respect of domain names until registration has been fully completed as indicated by official registrar's WHOIS search. Domain names are the property of the registrant once the payment fee has been paid to S.H. Watkins. Upon payment in full for the domain, S.H. Watkins will change, at request, the WHOIS information on the domain name. This can be requested by raising a Request Ticket. US domains are registered with Minority Internet Services. The registrant is responsible for informing S.H. Watkins of any change of address or contact details. Although S.H. Watkins will endeavour to contact the registrant when the domain is due for renewal, the registrant is responsible for ensuring that domain renewal takes place when due unless otherwise stated in the individual hosting agreement.
Note: Failure to renew a domain before the renew date will result in loss of use of the domain and/or loss of domain ownership.

Modification of Domains

S.H. Watkins does not charge for transferring / modifying nameservers on domain names (provided full payment has been received for such domain names).

The registrant is responsible for any registration charges

Indemnification

Customer agrees that it shall defend, save and hold S.H. Watkins harmless from any and all demands, liabilities, losses, costs and claims, including reasonable lawyer's fees asserted against S.H. Watkins, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by its customers, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless S.H. Watkins against liabilities arising out of, but not limited to the following:

1. Any injury to person or property caused by any products sold or otherwise distributed in connection with S.H. Watkins' servers;
2. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
3. Copyright infringement and
4. Any defective products sold to customer from S.H. Watkins' servers

While every effort is made to ensure that the servers on which all of S.H. Watkins' accounts are stored on are up, there is always some server down time. S.H. Watkins shall not be held responsible for any loss of business due to server down time in the provision of its HOSTING services or otherwise..

Address Details and Privacy

Details are held by S.H. Watkins solely for the purpose of contacting the account/domain owners with regards to their business with S.H. Watkins. By trading with S.H. Watkins, the customer accepts that personal details, including address and contact details will be recorded by domain registrars/registering companies for the purposes of securing domain name(s) only if the customer requests these details to be published. The customer also accepts that contact details may be available to the general public by means of WHOIS searches with the relevant domain registrars if they choose to have their details published instead of S.H. Watkins'. The customer agrees to give S.H. Watkins it's latest address and contact information at all times, so that it can be contacted at any time.

Renewal by Customer

At the initiation of hosting services, and upon receipt of the first payment by S.H. Watkins, Customer agrees to an initial three (3) month contractual term of service (“Term”). Hosting services automatically renew each three (3) months for a new Term unless canceled in writing by the Customer 30 days prior to the end of the current Term.

Renewal prices are subject to change with a minimum of 30 days notice prior to the end of the current Term. Renewal of services by the Customer indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to the Customer account.

Cancellations

Hosting services may be terminated by either party, without cause, by giving the other party 30 days written notice. Written notice being a certified letter postmarked no later than 30 days prior to the end of the current hosting period. S.H. Watkins reserves the right to verify all cancellations before terminating service. Notwithstanding the above, S.H. Watkins may terminate service under this Agreement at any time, without penalty, if the Customer fails to comply with the TOHS.

1. Termination for any violation of this TOHS shall be immediate. S.H. Watkins may, at its option, cancel or suspend service immediately should it believe the Customer has violated or is about to violate this TOHS or should the Customer fail to remit payment to S.H. Watkins by the Customer's invoice due date.
2. the Customer may be liable for certain fees relating to termination when such termination is due to Unsolicited Commercial E-Mail. Such fees are outlined in this TOHS.

Failure to pay

Refund policy

1. Setup charges are not refundable under any circumstances.
2. The first Term of service is not refundable under any circumstances.
3. Refunds of renewal fees paid to S.H. Watkins shall only be made for fully unused Terms of service that the Customer desires to cancel.
4. Customer shall not be entitled to any refund of any monies under any circumstances should this agreement be terminated due to a violation of this TOHS.

Disclaimer

S.H. Watkins will not be responsible for any damages your business may suffer. S.H. Watkins makes no warranties of any kind, expressed or implied for services we provide. S.H. Watkins disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non- deliveries, wrong delivery, registration failure, lapse of domain registration and any and all service interruptions caused by S.H. Watkins and its employees. S.H. Watkins reserves the right to revise its policies at any time.

Domain Name Contracts

Security Interest

Customer grants S.H. Watkins a blanket security interest in the customer's contract with their customers who are renting servers from them in the S.H. Watkins data center in the event of non-payment by customer - customer agrees that S.H. Watkins may take these customer contracts direct without a tortious interference claim to protect the credit balance owed S.H. Watkins by customer and full ownership of the contracts shall transfer as well if balance is more than 60 days old.

Additional and Superceding Conditions

The stupulations in this "Terms of Hosting Service" statement are in addition to, and may be superceded by, the contents of an individual Customer Hosting Agreement, if any.

EXCEPT AS SPECIFICALLY SET FORTH IN THIS DOCUMENT OR THE HOSTING AGREEMENT, S.H. Watkins MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONTRACTUAL OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF UNINTERRUPTED OR ERROR-FREE OPERATION AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE(S) OR ANY ASPECT THEREOF, AND ALL WARRANTIES WITH RESPECT THERETO ARE HEREBY EXPRESSLY DISCLAIMED.

Updates

These terms may be modified at any time and without notice.
All account owners, previous and new are always subject to the newest terms posted here at all times.

S.H. Watkins / Consumer Computer Consulting Services

Rev. 11-2005