Seagull Designs / Seagull Hosting ("Seagull", "we", "us") provide web-related services, including but not limited to web design and development, domain name registration, online marketing, graphic design, branding and printing service and web hosting services together with such other services as are agreed between us and the customer ("the Services").
By subscribing to any of the Services and opening an account with us ("the Account") you ("the Customer" or "the Client" ) agree to be bound by these terms and conditions. These terms and conditions apply to all Seagull accounts. They set out the basis on which we offer our services and should be read carefully.
1. Seagull Design Services
1.1 On commissioning Seagull Designs for any service except web hosting or domain name registration renewals, work will only commence when a proportion of the quoted price (normally 50%) as requested by invoice is paid to Seagull Designs. A further 40% of the total will be paid on completion of the website build. On approval of the customer the website will be "launched" (ie made live and publically visible on the internet) and any remaining balance will become due for payment immediately. Once a website has launched, the client has agreed that the website is to their satisfaction and they are completely satisfied with the results of all the work carried out by Seagull Designs. Seagull Designs reserve the right to request full payment on demand following the site build being completed should there be any delay in launch due to the client. Seagull Designs do not consider the content of the website (all parts except the layout and code) to be part of the contractual remit to produce but will always endeavour to assist a client in preparing content for use on the website. Charges for this additional assistance may be applied.
1.2 On receipt of full payment the website (meaning the visible content and all images/pictures and text) shall become the property of the client. The full ownership of all backend or programming work, including but not limited to code, administration software, database design and structure etc will remain with Seagull Designs but will be licensed to the client for their permenant use only in conjunction with the website provided. Such licence shall not be conditional on any other service (including web hosting) being provided by Seagull Designs provided an appropriate copyright notice is displayed visibly on the site with Seagull Designs name and a link to Seagull Designs' website. It may be possible for the client to purchase an outright exclusive license for the back end programming from Seagull Designs for an agreed further sum.
1.3 Seagull Designs endeavour, without providing a guarantee, to produce code that is W3C compliant and cross-browser compatible. Seagull Designs websites will not officially support outdated browsers including but not limited to Internet Explorer browsers of less than version 9 and Seagull Designs reserve the right to make additional charges where necessary, to be discussed and agreed in advance with the client, for building websites compatible with outdated browsers or fully compliant with W3C standards. Such compatiblities and compliances do not apply to user-generated or uploaded content. Seagull Designs reserves the right to discretely add compliance and copyright notices, links and logos plus Seagull Designs own logo and link to all websites it hosts or builds. in special circumstances Seagull Designs may be willing to remove this by agreement with the client.
2. Seagull Hosting Services
2.1 Seagull will use reasonable efforts to supply a continuous service with 99% uptime. However, Seagull is not liable for any loss of data resulting from issues outside of our control, missed or non-deliveries, service interruptions or by errors or omissions of the customer. Seagull is not responsible for any losses suffered resulting from acts of god or force majeure including civil unrest, riots, floods, drought, fire, war and imposing legislation.
2.2 The Customer agrees that Seagull is not liable for any special consequential damages which they may suffer as a result of loss of business, contracts, profits, savings or otherwise. Seagull is unable to exercise control over material sent over the internet and excludes all liability of any kind for the publication by the Customer of inaccurate, misleading, offensive, threatening or obscene material, or material that is in breach of UK or other applicable law.
2.3 Seagull's customers are liable for all charges levied by their telephone or internet service provider arising from the Customer's use of the Services.
2.4 From time to time Seagull or its sub-contractors may need to carry out maintenance on the network, which may involve temporarily shutting parts of it down. Seagull will give as much notice as possible and shall try to keep this work to the period specified in the notice. Seagull accepts no liability whatsoever arising from such a suspension of the service.
2.5 The Customer agrees that it will not re-sell, sub-lease, reassign or transfer any part of the Services except by express written permission from Seagull.
2.6 Customer acknowledges and agrees that details of their name, address, telephone and fax numbers together with email address(es) and assigned IP Addresses may be released to the RIPE NCC to ensure that both Seagull Designs and it's customers fulfil their obligations under prevailing RIPE policies and that such data may be published in whole or in part in the RIPE WHOIS database.
3. Banned Content
3.1 Customers must use the Services provided for lawful, authorised purposes only. Transmission, storage, or presentation of any information, data or material in violation of any British law is prohibited. The list of banned content and services includes, but is not limited to :-
(a) Illegal Material - This includes illegally exploited copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
(b) Defamatory content - any website content that makes a false claim, expressively stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image.
(c) Warez - This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
(d) HYIP - HYIP sites, or sites that link to or have content related to HYIP sites.
(e) Proxy - proxy set-ups or connections or any sort of activity through remote proxy connections on services.
(f) IRC Hosts - Hosting an IRC server that is part of or connected to another IRC network or server or has a connection to an IRC network.
g) Bit Torrents - Use of software and scripts for "bit torrents" or similar. This includes sending or receiving files using these mechanisms.
3.2 Any Customer found to be using the Services for any of the purposes contained in Clause 3.1 may have their Account terminated without notice.
3.3 We are under no obligation to edit, review or modify the contents of your website unless you have taken out a maintenance agreement with us. However, we reserve the right to remove any content without notice. For the avoidance of doubt we do not pro-actively monitor messages that you may post on our managed sites, but we reserve the right to remove such message at our sole discretion.
3.4 The Customer agrees to fully and effectively indemnify Seagull against all losses, costs, actions, proceedings, claims, damages, expenses, (including legal expenses) or liabilities, howsoever suffered or incurred directly by Seagull in consequence of the Customers breach or non-observance of these terms and conditions.
3.5 The Customer shall defend and pay all costs, damages, awards, fees (including legal expenses) and judgments awarded against Seagull arising from breach or breaches of these terms and conditions. Seagull may in its absolute discretion defend such claims and may compromise such claims with the consent of the Customer, such consent not to be unreasonably withheld. The Customer shall provide Seagull with the assistance necessary to defend such claims, at the Customer's sole expense.
4.1 Customer agrees and understands that we are not the domain registrar therefore we do not have our own nominet tags or NIC tags.
4.2 We register domains through a partner company. We do not always place your details on the whois output of the domain due to legal reasons however if you commit any sort of illegal activity we reserve full right to provide the appropriate personnel with your details. If you do not wish to have your details displayed upon the whois output please contact us and we will be glad to assist you.
5. Adult Content
At our sole discretion we may allow websites with legal adult content only. We do not allow pornographic or sexually-explicit images of children or any pictures/video which are obtained illegally to be hosted on our servers.
6. Size limitations
Customer agrees and understands that the maximum size of a single database will not exceed 50 MB irrespective of the web space allocated to the hosting account and that the size of any mailbox will be limited to a maximum of 100 MB on all our hosting services and may at Seagull Designs' sole discretion be set at a lower quota limit.
7. Server / Resource / Staff Abuse
7.1 Customer agrees and understands that any attempts to undermine or cause harm to any of our servers is strictly prohibited and that we take no responsibility for the use of our clients' accounts.
7.2 If customer abuses the resources we provide in any way, we reserve the unqualified right to immediately deactivate their Account without refund.
7.3 If customer operates any site using what we deem to be excessive CPU cycles or any resources that cause strain to other sites, we reserve the right to impose new terms in exchange for the current terms enjoyed (i.e. an upgrade). Customers accounts that continue to use more than 10% of the resouces will result in suspension.
7.4 Denial of Service (DOS) attacks directed at Seagull, or any attempts to launch a DOS attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate account termination.
7.5 Seagull reserves the right to disable/delete any feature or application provided on a hosting service without notification if that feature/application is found to be detrimental and/or is hampering the web servers' overall health and performance.
7.6 If customer is in any way disrespectful towards any member of the Seagull staff we have full right to terminate your account with us without any refund.
If an account exceeds its bandwidth limit, we will inform you. If you do not wish to purchase extra bandwidth or upgrade your Account and continue to exceed the limit, the Account will be suspended until you demonstrate to us that you have taken measures to ensure that the limit won't be exceeded again or upgrade your account, whichever is earlier. The Account will be reactivated in the following month.
9. Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)
9.1 Customer agrees and understands that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify the account for immediate deactivation with no refund. Seagull will be the sole arbiter as to what constitutes a violation of this Clause.
9.2 Customer agrees and understands that we may set a limit on outgoing emails per hour on our hosting plans to avoid any sort of email spamming from our servers. Customers may send more than this limit of emails in an hour irrespective of the size of their mailing lists.
10.1 For customers who open a hosting and maintenance plan Seagull will provide basic maintenance services during the term of the hosting agreement. Such services include reasonable monitoring and maintenance and minor changes to the website design, layout or content from time to time. Seagull reserves the right to charge separately for any work exceeding 2 hours in any 12 month period or, at its sole discretion, for any work undertaken that it considers explicitly to be a new project as opposed to maintenance, update, repair or minor adjustment of existing websites.
10.2 Seagull may, at its sole discretion, impose a reasonable limit on data storage, data transfer and server resources at any given time. Seagull will take all possible and reasonable measures to inform a client if these limits are exceeded or are about to be exceeded and negotiate a fair an acceptable upgrade to their hosting package with minimum disruption to services but which may involve an additional charge.
11.1 Seagull will use reasonable efforts to protect and backup data for clients who have a maintenance element to their hosting plan on a regular basis, however, Seagull does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, customers are solely responsible for their back-up files in connection with their use of the Services.
11.2 Customer agrees and understands that any back-up which Seagull may carry out may not include media files. These include (but are not limited to) mp3, mpeg, wmv or any other video/audio files.
12.1 If paying by a cheque, please allow 5 working days for the cheque to clear and for us to open the Account. If paying via debit card, cash or paypal we will endeavour to set up your account on the same day.
12.2 Invoices are generated 14 days before the official due date. Payment must be made by the due date to avoid the suspension of your account. If no payment is received, your account will be suspended 5 days after the official due date. If no attempt is made within the next 10 days to pay due invoice(s), we reserve the right to permanently terminate your account and reformat all data held. In total 15 days from the official due date will pass before we permanently terminate your account. Seagull reserve the right to charge an appropriate fee for reactivation of terminated accounts.
13. Security and Viruses
13.1 Customers are responsible for any misuse of their Account and must take steps to ensure that others do not gain unauthorized access to their Account. Customers may not use their Account to breach the security of another account or attempt to gain unauthorised access to another network or server.
13.2 Customer passwords provide access to their Account. It is customer's responsibility to keep passwords secure.
13.3 Sharing passwords and account access with unauthorized users is strictly prohibited. Customers must take care and prevent others from using their Account since they will be responsible for the consequences.
13.4 Attempting to obtain another user's account password is strictly prohibited, and will result in termination of service.
13.5 Customers must adopt adequate security measures to prevent or minimize unauthorised use of their Account.
13.6 Customers may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for them, logging into or making use of a server or account they are not expressly authorised to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
13.7 Customers may not attempt to interfere with service to any user, host or network or carry out DOS attacks. This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
13.8 Customer agrees and understands that users who violate systems or network security may incur criminal or civil liability. Seagull will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
13.9 Customer agrees to complete their own tests for computer viruses in accordance with best computing practice prior to each and every operational use of the Services.
14. Control Panel Support
14.1 Customer agrees and understands that unless they have a maintenance plan our staff members are not obliged to help with the use of cpanel or to setup email accounts, sub-domains, add-on domains or install any of the applications.
Our support team will assist with any of the functions which won't work or if there's any server side problems that needs to be rectified from our end, basic tasks that can be managed from the control panel are expected to be resolved from the Customer's end only.
14.2 Unless they have a maintenance plan customers will need to upload their website from their end using cpanel's file manager or FTP software. Databases should be uploaded from PHPMyAdmin and sub accounts like FTP, Mailboxes, Sub-domains, Add-on domains, Parked domains should be setup from the client's end only.
15. Cancellations & Refunds
15.1 Seagull reserves the right to suspend OR terminate services on receipt of abuse complaints.
15.2 An unconditional 14 day money back guarantee is provided on first-time accounts only if you find the services to be deficient or unsatisfactory. Domain registration fees do not come under the purview of this guarantee. Refund requests after 14 days will be refunded on a prorated basis of any unused time at Seagull's sole discretion.
15.3 Only first-time accounts are eligible for a refund. If you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
15.4 There will be no refund for domain registrations, ID Protect or SSL Certificates as these are purchased from External Vendors & Seagull does not receive any refund in case of cancellation of licenses.
15.5 Any service interruptions or downtime due to scheduled maintenance by Seagull or our network providers will not count towards the uptime guarantee. Seagull is not liable in any way for failure of third party services.
Seagull provide a hosting plan price-freeze guarantee. You never have to pay more than the initial amount you sign up for your hosting services during the year from when you sign up or renew your account. Seagull reserves the right to change the resource allocation for its services & also to change the prices for its services and to inform its clients prior to renewal.
17. Modification of Terms of Service
Seagull reserves the right to modify or change these terms of service at all times. All customers are bound by the latest terms of service published on this website.
18.1 Seagull reserves the right to refuse, terminate, or suspend access to the Services for any reason at our sole discretion upon giving 14 days written notice to you.
18.2 Seagull may suspend an Account immediately upon breach by customer of any of the terms and conditions herein, including, without limitation, late or non-payment of monies due.
19.Effect of Termination
On termination or expiry of an Account for whatever reason customer shall pay immediately all sums outstanding pending on the Account to Seagull within 14 days.
20.Limitation of liability
20.1 Seagull disclaims all liabilities in connection with the following :
(a) loss of material uploaded;
(b) incompatibility of the Services with any of the Customer's equipment, software or telecommunications links;
(c) technical problems including errors or interruptions of the Services;
(d) unsuitability, unreliability or inaccuracy of the Services;
(e) computer viruses of any kind obtained by the Customer in the course of using the Services;
(f) any security breaches whatsoever affecting the Customer's Account.
20.2 In no event shall Seagull be liable either in contract, tort (including negligence) or otherwise for indirect, incidental or consequential damages, including without limitation, loss of income, data, use or information.
20.3 Nothing in this Clause 20 excludes each party's liability with respect to death and personal injury resulting from the negligence of that party, its employees, agents or subcontractors or for fraudulent misrepresentation or under the tort of deceit.
20.4 Subject to Clause 20.3, our liability to customers in contract, tort, negligence or otherwise arising out of or in connection with the Services shall for any one incident or series of related incidents be limited to the annual fees paid by customer to us in the year in which the liability first arose. No liability whatsoever will be accepted by us unless and until you have provided documentary evidence to our satisfaction proving that loss has occurred.
20.5 We exclude all liability of any kind in respect of any material on the internet posted by the Customer by means of the Services and we are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Services or on the internet, the accuracy, completeness or suitability for any purpose of any website content and the acts or omissions of other providers of telecommunications or internet services (including domain name registration authorities) or for faults in or failures of their equipment.
20.6 Seagull will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
The Customer agrees that it shall defend, indemnify, save and hold Seagull harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Seagull, its agents, its customers, officers and employees, that may arise or result from any acts or omissions of the Customer, its agents, employees or assigns in connection with their use of the Services.
22.1 This Agreement will be governed by and construed and interpreted in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.
22.2 The Customer and Seagull both agree that a court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been contained in them.