Terms and ConditionsThe Graphics Tank requires you to agree to the following conditions:In the following document references to "we", "us" and "our" mean The Graphics Tank. References to "you" "your" and "customer" mean the person paying for services from The Graphics Tank having entered into this agreement. Account usageThe Graphics Tank will have control of your web space and domain in order to ensure that your web site functions correctly at all times and any problems can be fixed by us.If you require access to your hosting account, you will need to contact The Graphics Tank, and you will be given details of all usernames and passwords for your domain and hosting. You agree to the following conditions in usage of your hosting account. Scripting: Not to implement any such tool that allows shell access to the server without permission explicitly from The Graphics Tank. Not to implement any such tool that allows anonymous users to use your site as a web proxy. Not to implement any such tool that allows any IRC functionality, this includes but is not limited to IRC bouncers, bots and servers. E-mail: Where mass mailings are sent (considered as one batch of email numbering 100 or greater), the total size of the mailing should be equal to or less than one quarter of the monthly bandwidth allocation provided to the account used to send the email. The frequency of mass mailings should also not exceed once per week per hosting account. SpamThe Graphics Tank has zero tolerance for spam originating from our customers, or for spam advertising web sites of our customers. If we receive a complaint about such spam and our investigation shows abuse of your account, your account will be suspended immediately. Failure to provide a satisfactory explanation within 7 days will result in permanent termination of your account with us.In order for us to be able to contact you, you must accept e-mail addressed to the default e-mail address provided to you at the time of registration. In addition The Graphics Tank will hold you directly liable for the costs involved in the resolution of any issues resultant from the sending of spam from your account, either as direct abuse of your account or incorrect configuration of scripts that are abused by third parties. We will bill you at £50 (or equivalent in euros depending on exchange rate) per hour for the time involved in this resolution. Search Engine OptimisationThe Graphics Tank will build your site using techniques to improve the chance of your site being picked up by search engines. We offer extra search engine optimisation to optimise your site for specific keywords. These techniques make your site visible to search engines but do NOT guarantee top rankings in the search results.Site contentYou are prohibited from transmitting on or through any of The Graphics Tank services, any material that is, in our sole discretion, unlawful, obscene, threatening, abusive, libellous, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable law. The Graphics Tank services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any relevant law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. The Graphics Tank reserves the right to remove such illegal material from its servers.You will not use The Graphics Tank services to host sites with adult content. All site content is to be provided to us in electronic format unless otherwise stated. Typing of content and scanning of images is charges at an hourly rate. Content Management System (CMS)The CMS can only be used on The Graphics Tank's servers. The annual fee is a licence to use the program and to allow customers to update their own site and does NOT give permission for you to use the code, copy, or sell the program.Changes to Site ContentIf you do not use our CMS, any changes you require to your web site after the site is live will be charged at an hourly rate.Design Work and ChangesThe Graphics Tank own the copyright of any work we produce, and can therefore reproduce any work for promotional or advertising purposes.The Graphics Tank require you to sign-off any design work completed for you. Any design changes you require after it has been signed-off this will be charged at an hourly rate. DomainsAll domains are registered in your name, with The Graphics Tank as the administrative, billing and technical contact.If you wish to cancel your account with The Graphics Tank, domains will be transferred to your new provider. ServersThe Graphics Tank resell hosting from a third party company and do not take responsibility for any 'down-time' that occurs.The Graphics Tank will communicate on your behalf with the hosting company and will endeavour to fix any problems. Network securityYou will not use any machine on our network to circumvent user authentication of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into a server or account you are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation's security policy. You may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network.If you are found to be breaking these rules your account will be suspended immediately and you will be asked for an explanation. Failure to provide a satisfactory explanation within 7 days will result in termination of your account with us. You may incur criminal or civil liability, for which we do not take responsibility. Any costs incurred by us as a result of such activities will be passed on to you. PaymentCustomers agree to supply appropriate payment for the hosting, CMS and domain services received from The Graphics Tank in advance of the time period during which such services are provided.All invoices will be sent to you via e-mail only, to the email address you supplied The Graphics Tank for your customer account. You understand and agree that The Graphics Tank shall not be responsible for any charges or expenses that you may incur resulting from overdrawing your bank account or exceeding your credit card limit as a result of an automatic or manual charge generated by us pursuant to this authority. If any transaction does not complete we reserve the right to suspend your account until such time as all charges have been met. You will be responsible for any charges incurred due to late- or non-payment. Failure to pay before expiry dates will result in cancellation of the hosting account or loss of domain name. The Graphics Tank will give you at least 30 days notice before expiry. PricingHosting, Domain and CMS prices are subject to change, but all customers will be notified of any changes at least 14 days before implementation, and will only take affect on the customer's account at their next renewal.Hosting, Domain and CMS prices include annual support and admin fees for The Graphics Tank to set-up and control your account. CancellationThe Graphics Tank reserves the right to cancel service(s) for any reason at any time subject to 14 days' notice, unless otherwise stated as part of these conditions. All fees paid in advance of cancellation will be pro-rated and refunded by us to you if we initiate our right of cancellation and you are NOT in violation of these Terms and Conditions.If cancellation is caused by your breach of the Terms and Conditions, service will be suspended immediately and you agree that no refund is due. You understand that service(s) can be cancelled by you at any time effective the end of the 12 month contract. If you wish to cancel your account with The Graphics Tank, use of our CMS is no longer permitted. DisclaimerWe are not responsible for any damages your business may suffer. We do not make implied or written warranties for any of our services. We deny any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us.You will not use any of our facilities to violate any law. In the event you violate existing law, we retain the right to terminate all service set forth in this agreement. In the event we are informed by government authorities of inappropriate or illegal use of our facilities or other networks accessed through us, we may terminate customer's service. We will cooperate fully with investigations of violation of systems or network security at other sites. We will cooperate with law enforcement authorities in the investigation of possible criminal violations. Customers who violate systems and/or network security may incur in criminal or civil liability. For clients with multiple accounts, we reserve the right to suspend all accounts should any one account violate these terms and conditions. We reserve the right to amend our policies or terms and conditions at any time and will give 14 days' notice of this to the e-mail address we hold for the customer. If you have any questions concerning the above stated Terms and Conditions then please e-mail us at email@thegraphicstank.com. |