Standard Terms of Service
The following standard terms and conditions shall apply to all customers that do not have a separate written service level agreement and terms established, agreed and signed by Grosvenor Media Ltd and the customer.
COPYRIGHT
The design and Grosvenor Media produced content, whether graphical or textual, shall remain with Grosvenor Media but will be licensed to the customer for the development fee charged. Annual renewal fees submitted for hosting and/or re-registration shall include the fees for the continued licensing of content that is copyright Grosvenor Media. The transfer or reuse of any design, website, content or other aspect of work undertaken by Grosvenor Media will require the written consent of Grosvenor Media and may attract an additional fee. The transfer and fees charged are entirely at the discretion and control of Grosvenor Media Ltd.
Where customers supply content in any form including but not limited to text and picture files, the customer warrants that such content is either the copyright of the customer or that they have obtained appropriate copyright clearance including the payment of fees where appropriate. Grosvenor Media will not be liable for any infringement of copyright or any associated costs or charges.
DOMAIN NAMES
Grosvenor Media will usually be responsible for the registration and hosting of customers’ domains. In the event that the customer requests that a domain name is transferred to hosting elsewhere, Grosvenor Media reserve the right to charge an appropriate fee for such a transfer. Grosvenor Media will always endeavour to ensure that such transfers are expedited quickly and efficiently once all payments due have been made.
Grosvenor Media will usually supply a comprehensive e-mail service permitting the sending and receiving of e-mails via the Internet. We cannot guarantee any level of service for this facility. Users are specifically forbidden from sending any material that may be considered sexual, abusive, intrusive, libellous, illegal or in any way offensive. The final judge of which shall be Grosvenor Media.
Grosvenor Media reserve the right to inspect and monitor all mail traffic and to delete or cancel any content which contravenes our standards. Grosvenor Media also reserve the right to act however instructed by external law enforcement and compliance enforcement agencies.
Customers are required to notify Grosvenor Media immediately they become aware of any virus or similar received via Grosvenor Media’s mail servers. Any customer transmitting (knowingly or otherwise) viruses, worms or any other content, which causes loss of service, damage of any kind may be held liable for all consequential losses and costs.
Users of Grosvenor Media mail services and/or e-mail addresses hosted by Grosvenor Media should not under any circumstances use the facilities for the transmission of ’spam’, which for the purpose of this document is regarded as unsolicited e-mail sent to a number of addresses. Grosvenor Media shall have absolute discretion in determining whether a bulk e-mail transmission is to be regarded as ’spam’. Furthermore, Grosvenor Media reserve the right to immediately cancel or suspend any mail accounts associated with ’spam’ or excessive bulk e-mail usage. Grosvenor Media may also accede to requests for e-mail suspension made by its suppliers of hosting or bandwidth.
SERVER USE
Accounts are to be only used by Grosvenor Media customers, and space or usage cannot be resold, sublet or supplied free without the specific permission of Grosvenor Media over which it has absolute discretion.
Grosvenor Media reserves the right to refuse service and /or access to its servers to anyone.
FORBIDDEN CONTENT
Grosvenor Media specifically forbid the following content on its servers:
Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any laws or published guidelines. This includes pirated software (warez), ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. This also includes any sites which provide “links to” or “how to” information about such material.
Adult Material – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is entirely to the discretion of Grosvenor Media.
BANDWIDTH USE
Grosvenor Media will endeavour to offer unrestricted use of bandwidth. In some cases, Grosvenor Media or its associate suppliers may find a customer to be using server resources to such an extent that server performance and resources for other users are jeopardized. In such instances, Grosvenor Media reserves the right to suspend that site immediately. This policy is only implemented in exceptional circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby Grosvenor Media continues hosting the website for an additional fee.
PAYMENT POLICIES
In cases of late payment, Grosvenor Media reserves the right to suspend services. These may be then restored once the outstanding debt is cleared.
SERVICE CANCELLATION
Grosvenor Media reserves the right to suspend or cancel a customer’s access to any or all services provided by Grosvenor Media or its associate suppliers if Grosvenor Media or its associate suppliers should decide that the account has been used inappropriately or in direct contravention of the specified terms of use. As soon as practicable, Grosvenor Media will notify customers and users of suspension or cancellation, and provide a reason for the action taken. No advance notice need be given of such termination; no correspondence or further discussion need be entered into.
CANCELLATION AND REFUNDS
If a customer contravenes Grosvenor Media’s terms of service a refund will not be issued in the event of a cancellation.
Customers may cancel their account at any time. Fees are non-refundable.
INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold Network UK harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Grosvenor Media, 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 customer, its agents, employees or assignees. Customer agrees to defend, indemnify and hold harmless Grosvenor Media against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Grosvenor Media or associate suppliers server(s); (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 Grosvenor Media or associate suppliers server(s).
DISCLAIMER
Grosvenor Media will not be responsible for any damages any individual, group or business may suffer. Grosvenor Media makes no warranties of any kind, expressed or implied for services we provide. Grosvenor Media disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Grosvenor Media, its associate suppliers and its employees. Grosvenor Media reserves the right to revise its policies at any time.
JURISDICTION
The court of jurisdiction for all legal matters relating to this document and relations with Grosvenor Media shall be that of England.
Should any clause or element of these terms be judged unfair or inapplicable by a court that has jurisdiction, this shall not void the rest of the document.
Headings within this document are for guidance only and do not necessarily form part of the terms.
Where words are not explained or defined, then the definition should be taken as that contained in common use or published reference manuals.