Jackdaw Web Design
13 Claverley Drive, Backworth, Newcastle upon Tyne, NE27 0SH
Tel 07762 140 433
Email [email protected]
Web Hosting
Terms and Conditions
and SLA
This agreement is made between Jackdaw Web Design and you the customer ("Customer" which
expression shall include its permitted successors and assigns).
1 Zero Tolerance towards Abuse
Customers are responsible for all scripts, data and other objects on their accounts. Abusive scripts
are scripts which interfere with our systems and/or the accounts of other customers, cause harm to
any other computer system or user, or engage in any type of fraudulent activity. Any account found
to be the source of abusive scripts will be immediately suspended and investigated, and subject to
action as detailed under Illegal Content below. We will always notify customers and, where
necessary, fully co-operate with the authorities.
You must not use the service for the transmission of illegal material. You agree to refrain from
sending or receiving any materials which may be deemed to be offensive, abusive, indecent,
defamatory, obscene, menacing or otherwise as prohibited by current and future statutes in force.
You agree to refrain from sending or receiving any material which may be in breach of copyright
(including Intellectual Property Rights), confidence, privacy or other rights. If you are in any doubt as
to the legality of what you are doing, or propose to do, you should take independent legal advice.
2 In Brief
All content uploaded to your hosting service, including dedicated and VDS servers, must conform to
UK law. It is the user's sole responsibility to ensure this. Storage, distribution of or transmission of
illegal materials may lead to investigation and possible prosecution by the relevant authorities.
You must not gain or attempt to gain unauthorised access to any computer systems for any purpose.
Such action may lead to criminal prosecution under the Computer Misuse Act.
You must not send data to the internet using forged addresses or data which is deliberately designed
to adversely affect remote machines (including but not limited to denial of service (DDoS), worms
and viruses, trojans and ping storms).
You must ensure that local PCs and network connected servers are not configured to allow open
relay and must not participate in the sending of unsolicited bulk email (commonly referred to as
'spam' ,'UBE','UCE' ).
You are prohibited from running 'port scanning' or other software intended to probe, scan, test the
vulnerability of or access remote systems or networks except in circumstances where the remote
user has given express permission for this to be done. We may ask for evidence of such permission.
You must take all reasonable steps to ensure that your password and login credentials remain
confidential.
Open proxy servers are not permitted under any circumstances and will result in immediate
termination of service.
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Jackdaw Web Design
13 Claverley Drive, Backworth, Newcastle upon Tyne, NE27 0SH
Tel 07762 140 433
Email [email protected]
Sites must not contain 'hateful' material or content which seeks to incite hate.
Sites must not contain images, videos, depictions or descriptions of pornography which is unlawful in
the UK or which is deemed to be distasteful at our sole discretion.
Sites must not contain 'warez', copyrighted music/videos or links to such content. It is the sole
responsibility of the user to ensure that they have the rights to distribute any content displayed on
their website.
Sites must conform to UK copyright law.
We undertake to take action required under the provisions of the Regulation of Investigatory Powers
Act and will fully cooperate with the appropriate UK authorities.
3 Acceptable Email Usage
We have a zero-tolerance policy against spam and the sending of bulk, unsolicited e-mail is
prohibited at all times. Customers who abuse the email service will be notified that their behaviour
is unacceptable and may have their accounts suspended, terminated or blocked at our sole
discretion.
 You agree not to send emails that might cause annoyance, inconvenience or anxiety to a
recipient.
 You agree not to send any emails likely to cause distress or any material which is offensive,
indecent, obscene, menacing or in any way unlawful.
 You agree to have a clear opt out policy in all newsletter communications.
 You must not use our mail services or network to send email to any user who does not wish
to receive it.
 You must not use our mail services or network to send unsolicited email, in bulk (commonly
known as 'spam') or individually.
 You must not use our mail services or network with intent to deprive others of service ('mail
bomb').
 You must not use false mail headers or alter the headers of mail messages in such a way as
to conceal the identity of the sender.
 You must not use any email address that you are not authorised to use.
 You must ensure that any email servers connected to our network and operated by you are
not configured to allow 'open relay'.
 You must take full responsibility for your own email reputation, Jackdaw Web Design cannot
guarantee a positive reputation.
4 Web Usage
Web usage includes the use of web space provided with client accounts, web hosting on our servers
and the use of web services and space on customer colocated servers. We cannot and do not
proactively monitor content on any web space maintained by customers (whether customer space,
web hosted or colocated services) and cannot and do not guarantee that such sites are free of illegal
content or other materials that may be considered unacceptable.
You undertake sole responsibility for the content of web pages owned and/or operated by you whether on client pages, web hosted space or colocated servers - within our domain or other
domains hosted within our network.
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Jackdaw Web Design
13 Claverley Drive, Backworth, Newcastle upon Tyne, NE27 0SH
Tel 07762 140 433
Email [email protected]
You undertake sole responsibility to ensure that all materials on any website owned or operated by
you contains material that you have created or have permission to use.
You undertake sole responsibility for any dispute involving Copyright or Intellectual Property Rights
associated with your site or service.
You must not use your website or web service to promote or distribute any material or content that
is illegal (under any current or future legislation). You should be aware that the internet is a global
communications network and what may be legal in the UK may be illegal elsewhere and leave you
liable to prosecution in another country.
Legal adult content as defined by UK law is allowed on our servers however you must inform us as
we will host your site on a separate IP to prevent any SEO implications for other clients.
We may undertake investigation of content services if potential abuse is brought to our attention
and we reserve the right to remove any web page on our servers at any time and for any reason. Any
accounts found to be abusive, contain illegal content or otherwise break our terms of service will be
liable for immediate termination with no refund.
5 We take your privacy and security very seriously.
The policies we have in place are to protect your personal information, which we store on our
secured servers in the UK. By using this website you consent that all personal data you submit may
be processed in the manner and for the purposes described here.
Online transactions are handled through SSL-secured servers and sensitive details such as passwords
and credit card details are encrypted to reduce the risk of fraud. We strongly advise that you use
hard-to-guess, unique passwords for your accounts with us to reduce the risk of fraud.
We may collect and process data about you in relation to details of transactions that you carry out
through our website. When making a purchase with us we will collect information which includes
your name, address, e mail address, phone number and payment information.
Information obtained about you will assist us in identifying any accounts you hold with us and will
also assist us in improving customer care through reviewing, developing and improving the website
and services. We will also use the information to notify you about changes to the website and to
send service related announcements.
We may disclose your personal information to any of the following third parties:
 Any employees, agents or service providers of the Company.
 Any prospective purchaser of the Company subject to them entering into confidentiality
undertakings.
 Any cardholder who has purchased services on your behalf.
Where we are required to disclose or share your personal data in order to comply with any legal
obligation or to protect the rights, property or safety of the Company and our customers. This
includes but is not limited to exchanging information with other companies and organisations for the
purposes of fraud protection, credit risk reduction and dispute policies.
The Data Protection Act 1998 gives you the right to access information held about you. Any access
request will be subject to an administration fee of [£5/10] to meet our costs in providing the
information requested.
For the purposes of the Data Protection Act 1998, the data controller is Jackie Latham whose
registered office is at 13 Claverley Drive, Backworth, Newcastle upon Tyne, NE27 0SH.
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Jackdaw Web Design
13 Claverley Drive, Backworth, Newcastle upon Tyne, NE27 0SH
Tel 07762 140 433
Email [email protected]
6 Service Level Agreement
We endeavour to provide a 99.9% service uptime, excluding planned or emergency server
maintenance or conditions beyond our reasonable control. All customers will be notified of planned
maintenance as far as possible in advance through our status page and, should the maintenance last
for longer than 30 minutes, via e-mail.
For Urgent Faults please ring 07762 140 433.
For Non-Urgent Faults please email [email protected].
We endeavour to respond to non-urgent faults within 24 hours (however usually within 2-4 hours)
and urgent problems within 2 hours (usually immediately)
We will correct faults as soon as practically possible. Your custom, and the uptime of your hosting is
of paramount importance.
We will only support and fix website and database problems if you have a website and database
support contract with us.
We run a resilient and fault tolerant datacentre which makes the taking for backups to protect us
from hosting issues un-necessary. Backups taken to protect against faulty programs or customer
mistakes are the responsibility of the customer, unless they have a website and database support
contract with Jackdaw Web Design.
Our SLA is rescinded if you have overdue invoices on your account, or if you have paid the invoice for
the period of the disruption late.
Jackdaw Web Design makes no guarantee to defend a customer's website from a denial of service
attack unless that service has been specifically offered and agreed.
7 For Virtual Private, Dedicated and Complex Hosting Customers
On our virtual servers, dedicated servers and complex hosting, our SLA is increased as follows:
Power: 100%
Network: 100%
Server Uptime: 99.9%
We guarantee that in the remote event of a server hardware failure that cannot be fixed, the
hardware will be replaced within four hours of the problem's diagnosis. Hardware is defined as the
processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included with
the server. This guarantee excludes the situations where there is a requirement to rebuild a RAID
array and the reload of certain operating systems, processors and applications. It does not include
any bespoke server hosting solutions. Our parts and labour warranty covers all parts and labour
costs involved in the event of a related parts failure. Any failed component shall be replaced by us at
no cost to you.
8 Our Liability
We are unable to assert fitness for any specific purpose and as such the Company cannot be held
liable for any form of consequential loss or damage caused directly or indirectly by use of our
service, misuse of our service, downtime, service issues, data loss or any other event.
Our maximum aggregate liability to you under or in connection with this agreement in respect of any
direct loss, whether such claim arises in contract or in tort shall not exceed a sum equal to the fees
paid by you for the services in relation to which your claim arises during the [12/24 month] period
prior to such claim.
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Jackdaw Web Design
13 Claverley Drive, Backworth, Newcastle upon Tyne, NE27 0SH
Tel 07762 140 433
Email [email protected]
None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting
from our negligence, the negligence of our employees or our sub-contractors. We will not be liable
for any interruptions to services arising directly or indirectly from:
 Interruptions to the flow of data to or from the internet
 The effects of the failure or interruption of services provided by a third party
 Factors outside our reasonable control
 Your actions or omissions
 Problems with your equipment and/or third party equipment
No action or proceedings against us arising out of or in connection with this agreement shall be
commenced more than one year after services rendered, and both parties acknowledge that this
clause constitutes an express waiver of any rights under any otherwise applicable statute of
limitations.
In the event of any preventable disruption to service we will credit your account as described in our
Service Level Agreement. Our liability will not exceed the total amount paid for the service. If you
have sensitive or mission-critical data to host, you must seek your own insurance and independent
legal advice.
9 Third Party Services
Some of the services we provide (domain names, SSL certificates) are fufilled by a third party
provider. For instance, an SSL certificate is provided by a root certificate provider (e.g. Thawte,
Comodo, Verisign, Geotrust...), and domain names are provided by the organisation in charge of that
namespace (e.g. Nominet for UK domain names). Whilst we always pass your orders on to these
third party entities in a timely fashion, we unfortunately cannot be held liable for any failings on
their behalf.
We will however be happy to chase them, and in most cases we can offer a goodwill refund at our
discretion should you be dissatisfied with a time delay.
All third party software and hardware shall be sold subject to your acceptance of the relevant
supplier’s software licence for such third party software. Where possible, we shall forward to you
any and all representations and warranties we receive from the respective third party software
supplier.
10 Force Majeure
We will not be responsible for any failure to provide any services or perform any obligation because
of any act of God, strike, lock-outs or other industrial disputes.
11 Notice
Any notice or communications required or permitted to be delivered by us to you shall be deemed
to have been given if delivered by e mail in accordance with the contact information that you have
provided.
12 Assignment
You shall not assign, transfer, charge or deal in any other manner with this Agreement or any of its
rights under it nor purport to do the same without our prior written consent.
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Jackdaw Web Design
13 Claverley Drive, Backworth, Newcastle upon Tyne, NE27 0SH
Tel 07762 140 433
Email [email protected]
We may at any time, assign (absolutely or by way of security and in whole or in part), transfer,
mortgage, charge or deal in any other manner with the benefit of any or all of any other party’s
obligations or any benefit arising under this agreement.
13 Amendment in Writing
We may update or amend these terms and conditions from time time to comply with law or to meet
our changing business requirements.
14 Whole Agreement
This agreement, and any documents referred to in it, constitute the whole agreement between the
parties and supersede any previous arrangement, understanding or agreement between them
relating to the subject matter they cover.
Nothing in this clause operates to limit or exclude any liability for fraud.
15 Severance
If any provision of this agreement (or part of a provision) is found by any court or administrative
body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall
remain in force.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it
were deleted, the provision shall apply with whatever modification is necessary to give effect to the
commercial intention of the parties.
16 Governing law and Jurisdiction
This agreement and any disputes or claims arising out of or in connection with its subject matter or
formation (including non-contractual disputes or claims) are governed by and construed in
accordance with the law of England.
The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any
dispute or claim that arises out of or in connection with this agreement or its subject matter or
formation (including non-contractual disputes or claims).
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