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Bake.it is part of Quarry Hill Publishing
Terms and Conditions
You indicate acceptance of these terms and conditions of service by
placing an order with Quarry Hill Publishing. These terms and
conditions will not be varied for individual customers.
1 DEFINITIONS
1.1 In this Agreement the following words and expressions shall have
the following meanings:
1.1.1 "downtime" means any service interruption in the availability
to visitors of the Website;
1.1.2 "intellectual property rights" means patents, trade marks,
design rights, applications for any of the foregoing, copyright,
topography rights, database rights, rights in know-how, trade or
business names and other similar rights or obligations, whether
registrable or not in any country;
1.1.3 .Quarry Hill Publishing. means Quarry Hill Publishing
1.1.4 "IP address" stands for internet protocol address which is the
numeric address for the server;
1.1.5 "ISP" stands for internet service provider;
1.1.6 "server" means the computer server equipment operated by
Quarry Hill Publishing in connection with the provision of the
Services;
1.1.7 "the Services" means web hosting, domain name registration,
email and any other services or facilities provided by Quarry Hill
Publishing.
1.1.8 "spam" means sending unsolicited and/or bulk emails;
1.1.9 "virus" means a computer programme that copies itself or is
copied to other storage media, including without limitation magnetic
tape cassettes, memory chips, electronic cartridges, optical discs
and magnetic discs, and destroys, alters or corrupts data, causes
damage to the user.s files or creates a nuisance or annoyance to the
user and includes without limitation computer programs commonly
referred to as "worms" or "trojan horses";
1.1.10 "visitor" means a third party who has accessed the Website;
1.2 Product specifications and details may be found at
www.ultimate-host-uk.com.
1.3 Words denoting the singular shall include the plural and vice
versa and words denoting any gender shall include all genders.
1.4 The headings of the paragraphs of this Agreement are inserted
for convenience of reference only and are not intended to be part of
or to affect the meaning or interpretation of this Agreement.
2 INTRODUCTION
2.1 The Customer wishes to provide Quarry Hill Publishing with data
that will be hosted on Quarry Hill Publishing's servers and made
accessible via the Internet.
2.2 Quarry Hill Publishing provides web hosting services and has
agreed to host the Customer's data upon the following terms and
conditions.
2.3 Quarry Hill Publishing operates an on-line response system for
all service-related problems, questions or queries. This system
includes a knowledge base and a ticket based helpdesk.
Quarry Hill Publishing do not offer a telephone response service for
hosting only accounts. Abuse of the helpdesk system will result in
contract termination.
3 DUTIES
3.1 Quarry Hill Publishing shall provide to the Customer the
Services specified in their order subject to the following terms and
conditions.
3.2 The Customer shall deliver to Quarry Hill Publishing the Website
and the software used in the Website which is owned by the Customer,
or licensed to him by a third party or Quarry Hill Publishing ("the
Customer Software), in a format specified by Quarry Hill Publishing.
4 CHARGES and PAYMENT
4.1 Payment methods include credit cards (including MasterCard,
Visa, American Express), debit cards (including Switch/Maestro) and
standing orders (where applicable).
4.2 Quarry Hill Publishing do not accept cheques, bank transfers,
postal orders, cash or any other form of payment other than those
outlined in 4.1
4.3 The Charges are exclusive of VAT, which if payable shall be paid
by the Customer.
4.4 All web design contracts require payment in advance before any
work can begin.
Quarry Hill Publishing shall be entitled to charge interest in
respect of late payment of any sum due under this Agreement, which
shall accrue from the date when payment becomes due from day to day
until the date of payment at a rate of 8% per annum above the base
rate of the Bank of England from time to time in force.
4.5 Quarry Hill Publishing do not provide credit facilities and may,
at their discretion, charge an appropriate administration fee in
respect of any overdue invoices or arrears
4.6 From time to time Quarry Hill Publishing may make enquiries on
the Customers company, proprietor or directors of the Customers
company with credit reference agencies. These agencies may record
that a search has been made and share this information with other
businesses.
4.7 The customer may cancel their account at any time without
penalty.
4.8 Pro-rata refunds will not be issued for monthly, quarterly or
yearly services that are cancelled before the end of the period.
5 IP ADDRESSES
5.1 Quarry Hill Publishing shall maintain control and ownership of
the IP address that is assigned to the Customer as part of the
Services and reserves the right in its sole discretion to change or
remove any and all IP addresses.
5.2 Where Quarry Hill Publishing changes or removes any IP address
it shall use its reasonable endeavours to avoid any disruption to
the Customer.
6 SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer requires use of software owned by or licensed to
Quarry Hill Publishing ("Quarry Hill Publishing's software") in
order to use the Services, Quarry Hill Publishing grants to the
Customer and its employees, agents and third party consultants and
contractors, a royalty-free, world-wide, non-transferable,
non-exclusive licence to use Quarry Hill Publishing Software in
object code form only, in accordance with the terms of this
Agreement. For the avoidance of doubt, this Agreement does not
transfer or grant to the Customer any right, title, interest or
intellectual property rights in Quarry Hill Publishing Software.
6.2 In relation to Quarry Hill Publishing's obligations under this
Agreement in connection with the provision of the Services, the
Customer grants to Quarry Hill Publishing a royalty-free,
world-wide, non-exclusive licence to use the Customer Software and
all text, graphics, logos, photographs, images, moving images,
sound, illustrations and other material and related documentation
featured, displayed or used in or in relation to the Website ("the
Content"). For the avoidance of doubt, this Agreement does not
transfer or grant to Quarry Hill Publishing any right, title,
interest or intellectual property rights in the Customer Software or
the Content.
6.3 The Customer undertakes that he will not himself or through any
third party, sell, lease, license or sublicense Quarry Hill
Publishing Software.
6.4 Quarry Hill Publishing may make such copies of the Customer
Content as may be necessary to perform its obligations under this
Agreement, including back up copies of the Content. Upon termination
or expiration of this Agreement, Quarry Hill Publishing shall
destroy all such copies of the Content and other materials provided
by the Customer as and when requested by the Customer.
7 SERVICE LEVELS AND DATA BACKUP
7.1 Quarry Hill Publishing shall use its reasonable endeavours to
make the server and the Services available to the Customer 100% of
the time but because the Services are provided by means of computer
and telecommunications systems, Quarry Hill Publishing makes no
warranties or representations that the Service will be uninterrupted
or error-free and Quarry Hill Publishing shall not, in any event, be
liable for interruptions of Service or downtime of the server.
7.2 Quarry Hill Publishing carries out data backups for use by
Quarry Hill Publishing in the event of systems failure. Quarry Hill
Publishing do not provide data restoration facilities for individual
customers. Even though every effort is made to ensure data is backed
up correctly Quarry Hill Publishing accepts no responsibility for
data loss or corruption.
8 ACCEPTABLE USE POLICY
8.1 The Website and use of the Services may be used for lawful
purposes only and the Customer may not submit, publish or display
any content that breaches any law, statute or regulation. In
particular the Customer agrees not to:
8.1.1 use the Services or the Website in any way to send unsolicited
commercial email or "spam", or any similar abuse of the Services;
8.1.2 send email or any type of electronic message with the
intention or result of affecting the performance of any computer
facilities;
8.1.3 publish, post, distribute or disseminate defamatory, obscene,
indecent or other unlawful material or information, or any material
or information which infringes any intellectual property rights (for
the avoidance of doubt this includes licensed software distributed
as Warez), via the Services or on the Website;
8.1.4 threaten, abuse, disrupt or otherwise violate the rights
(including rights of privacy and publicity) of others;
8.1.5 engage in illegal or unlawful activities through the Services
or via the Website;
8.1.6 make available or upload files to the Website or to the
Services that the Customer knows contain a virus, worm, trojan or
corrupt data; or
8.1.7 obtain or attempt to obtain access, through whatever means, to
areas of Quarry Hill Publishing's network or the Services which are
identified as restricted or confidential. This includes leaving your
home directory whilst using SSH access to servers.
8.1.8 operate or attempt to operate IRC bots or other permanent
server processes.
8.2 The Customer has full responsibility for the content of the
Website. For the avoidance of doubt, Quarry Hill Publishing is not
obliged to monitor, and will have no liability for, the content of
any communications transmitted by virtue of the Services.
8.3 If the Customer fails to comply with the Acceptable Use Policy
outlined in Clause 8.1 Quarry Hill Publishing shall be entitled to
withdraw the Services and terminate the Customer's account without
notice.
9 ALTERATIONS AND UPDATES
All alterations and updates to the Website shall be made by the
Customer using the online account management facility, FTP access or
SSH access where available. The Customer will be issued with a user
name and password in order to access the account. The Customer must
take all reasonable steps to maintain the confidentiality of this
user name and password. If the Customer reasonably believes that
this information has become known to any unauthorised person, the
Customer agrees to immediately inform Quarry Hill Publishing and the
password will be changed.
10 WARRANTIES
10.1 The Customer warrants and represents to Quarry Hill Publishing
that Quarry Hill Publishing's use of the Content or the Customer
Software in accordance with this Agreement will not infringe the
intellectual property rights of any third party and that the
Customer has the authority to license the Content and the Customer
Software to Quarry Hill Publishing as set out in Clause 6.2.
10.2 All conditions, terms, representations and warranties that are
not expressly stated in this Agreement, whether oral or in writing
or whether imposed by statute or operation of law or otherwise,
including, without limitation, the implied warranty of satisfactory
quality and fitness for a particular purpose are hereby excluded. In
particular and without prejudice to that generality, Quarry Hill
Publishing shall not be liable to the Customer as a result of any
viruses introduced or passed on to the Customer.
11 INDEMNITY
The Customer agrees to indemnify and hold Quarry Hill Publishing and
its employees and agents harmless from and against all liabilities,
legal fees, damages, losses, costs and other expenses in relation to
any claims or actions brought against Quarry Hill Publishing arising
out of any breach by the Customer of the terms of this Agreement or
other liabilities arising out of or relating to the Website.
12 LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions shall exclude or limit
Quarry Hill Publishing's liability for death or personal injury
resulting from Quarry Hill Publishing.s negligence or that of its
employees, agents or sub-contractors.
12.2 The entire liability of Quarry Hill Publishing to the Customer
in respect of any claim whatsoever or breach of this Agreement,
whether or not arising out of negligence, shall be limited to the
charges paid for the Services under this Agreement in respect of
which the breach has arisen.
12.3 In no event shall Quarry Hill Publishing be liable to the
Customer for any loss of business, loss of opportunity or loss of
profits or for any other indirect or consequential loss or damage
whatsoever. This shall apply even where such a loss was reasonably
foreseeable or Quarry Hill Publishing had been made aware of the
possibility of the Customer incurring such a loss.
13 TERM AND TERMINATION
13.1 This Agreement will become effective on the date the service is
ordered and shall continue until terminated by either party in
writing of its intention to terminate the Agreement.
13.2 Quarry Hill Publishing shall have the right to terminate this
Agreement with immediate effect by notice in writing to the Customer
if the Customer fails to make any payment when it becomes due.
13.3 Either party may terminate this Agreement forthwith by notice
in writing to the other if:
13.3.1 the other party commits a material breach of this Agreement
and, in the case of a breach capable of being remedied, fails to
remedy it within a reasonable time of being given written notice
from the other party to do so; or
13.3.2 the other party commits a material breach of this Agreement
which cannot be remedied under any circumstances; or
13.3.3 the other party passes a resolution for winding up (other
than for the purpose of solvent amalgamation or reconstruction), or
a court of competent jurisdiction makes an order to that effect; or
13.3.4 the other party ceases to carry on its business or
substantially the whole of its business; or
13.3.5 the other party is declared insolvent, or convenes a meeting
of or makes or proposes to make any arrangement or composition with
its creditors; or a liquidator, receiver, administrative receiver,
manager, trustee or similar officer is appointed over any of its
assets.
13.4 Any rights to terminate this Agreement shall be without
prejudice to any other accrued rights and liabilities of the parties
arising in any way out of this Agreement as at the date of
termination.
13.5 On termination all data held in the customers account will be
deleted.
14 ASSIGNMENT
14.1 Quarry Hill Publishing may assign or otherwise transfer this
Agreement at any time.
14.2 The Customer may not assign or otherwise transfer this
Agreement or any part of it without Quarry Hill Publishing's prior
written consent.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform
any of its obligations if the delay or failure results from events
or circumstances outside its reasonable control, including but not
limited to acts of God, strikes, lock outs, accidents, war, fire,
the act or omission of government, highway authorities or any
telecommunications carrier, operator or administration or other
competent authority, the act or omission of any Internet Service
Provider, or the delay or failure in manufacture, production, or
supply by third parties of equipment or services, and the party
shall be entitled to a reasonable extension of its obligations after
notifying the other party of the nature and extent of such events.
16 SEVERANCE
If any provision of this Agreement is held invalid, illegal or
unenforceable for any reason by any Court of competent jurisdiction
such provision shall be severed and the remainder of the provisions
hereof shall continue in full force and effect as if this Agreement
had been agreed with the invalid illegal or unenforceable provision
eliminated.
17 NOTICES
Any notice to be given by either party to the other may be sent by
either email, fax or recorded delivery to the address of the other
party as appearing in this Agreement or such other address as such
party may from time to time have communicated to the other in
writing, and if sent by email shall unless the contrary is proved be
deemed to be received on the day it was sent or if sent by fax shall
be deemed to be served on receipt of an error free transmission
report, or if sent by recorded delivery shall be deemed to be served
2 days following the date of posting.
18 ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the parties
relating to the subject matter and supersedes any previous
agreements, arrangements, undertakings or proposals, oral or
written. This Agreement may be updated without notice.
19 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with
the law of England and the parties hereby submit to the exclusive
jurisdiction of the English courts.
20 DOMAIN NAME REGISTRATION
20.1 Domain names are not deemed to be successfully registered until
they appear in the relevant whois database of the top level domain
name registrar. In the event that a domain name is unavailable when
we attempt to register it Quarry Hill Publishing will provide a full
refund for that domain name.
20.2 Please return to the main terms and conditions area of this
website to view terms and conditions for individual domain name
registrars.
21 SCRIPTING
Quarry Hill Publishing are not responsible for customer programming
issues other than ensuring that programming languages such as Perl,
PHP and ASP are installed and functioning on the web hosting system.
22 PRIVACY
To protect your privacy we will not distribute your details to third
parties, unless required to do so by law.
23 DATA TRANSFER
23.1 Web hosting accounts include a certain amount of data transfer,
if you exceed this amount in any one month your account will be
deactivated until you have upgraded to an account that has more data
transfer included.
23.2 Web hosting accounts that are prohibited from hosting file
distribution websites, adult content orientated websites, hosting
banners, graphics or CGI scripts for other websites, storing pages,
files or data as a repository for other websites, reselling or
giving away web space under a domain, sub domain or directory.
24 SERVER USAGE
Should your account use more than 5% of the servers processing power
and as a result have a detrimental effect on other customers we will
discuss with you alternative solutions for your hosting
requirements.
25 EMAIL NEWSLETTER
Quarry Hill Publishing communicates with its customers via email and
as such you agree to receive by email our regular newsletter which
contains amongst other things changes to our terms and conditions,
notification of major outages, updates to our products & features
and special offers.
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