Terms of Service

Conditions of Use

Where the context admits: "We" includes Digital Forest or any party acting on Digital Forest's implicit instructions. "You" includes the person purchasing the services or any party acting on the customer's instructions. "Server" means the computer server equipment operated by us in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement. By using our services you agree to be bound by our terms and conditions below:

1. Web Site Hosting and Email
   1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
   2. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
   3. You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:
      • you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
      • you will not post, link to or transmit: (a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way. (b) any material containing a virus or other hostile computer program. (c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
      • you will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
      • you will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
   4. We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez or illegal MP3 content (i.e. you may only upload MP3's if you own the copyright).
   5. You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
   6. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
   7. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
   8. In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
   9. Any access to other networks connected to Digital Forest must comply with the rules appropriate for those other networks.
   10. While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non- receipt or misrouting of email or for any other failure of email. 1
   11. Users that abuse the network, such as mass unsolicited email (spam), illegal content, fraud, payment invasion, will be recorded and under all circumstances we will inform your ISP of your actions and if necessary legal and police departments. We will not tolerate any abuse of our network and abuse will be punished to the fullest extent allowable under law.
   12. In relation to clause 1.15, we have the right to charge a £100 fine for each abuse case and the abuser will be liable for any costs incurred by ourselves, our customers or any other company / business linked to us.
   13. If you abuse the network or we receive a complaint about your account we will investigate this and we have the right to suspend the account if your actions could have a negative effect on our business or any other business connected to us. In extreme cases we may terminate your account and end our business relationship with you immediately. In such circumstances a refund will not be paid. Attempts to recover any monies paid in abuse situations will result in legal proceedings against you to the fullest extent allowable under law.
2. Web Site Hosting Service Availability
   1. We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
   2. We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
   3. The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub-clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
   4. Uptime guarantees do not include downtime required to upgrade / service hardware or problems caused by your equipment or 3rd parties, for example but not limited to, your ISP (internet service provider).
3. Payments
   1. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre-payment.
   2. Payment is due each month or year until closure of your account. Thirty days notice is required for cancelations of all website hosting, email hosting and Adobe Business Catalyst subscription plans. No refunds for remaining subscription periods are given.
   3. All payments must be in £UK (UK pounds).
   4. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
   5. From time to time security checks are performed and new customers may be telephoned prior to any service commencing.
   6. If unpaid monies are owned to us for one or more services we reserve the right to suspend / terminate all services you hold with Digital Forest.
   7. An interest rate of 8.5% (or current UK Government guideline rate) will be charged monthly on all monies owed
   8. If monies remain unpaid we reserve the right to pass the debt over for collection to our approved agency. A Fee of £75 ex VAT would be levied on outstanding accounts plus an additional 12% on the total amount owed. We will also look to recover any further costs incurred during the collection process.
   9. If monies are owned to us are not received in full within 30 days of our final request it will be considered as fraud.
4. Web Site Hosting Termination
   1. If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
   2. If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
   3. If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
   4. Refunds will be given at the discretion of the Company Management including refunding of upfront yearly fees
   5. We reserve the right to suspend the Services and/or terminate this Agreement / your account at any time with no notice or reason.
   6. You may cancel the Services at any time. Canceling payments to us on monthly paid plans will result in the immediate suspension of the service(s). For annually paid plans the account will be suspended at the end of the 12 month period. Partial refunds will only be given on annual plans.
   7. On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.
   8. When an account termination request is received it will only be actioned if it contains enough proof that we know it came from the authorised account holder.
   9. When a valid account termination request is received it will be terminated immediately. We do not accept termination requests that request closure at a future date.
   10. Accounts closed in error by the customer will not be reopened unless we receive new payment equivalent to one months service which must then be cancelled by the customer at the correct time of closure.
5. Web Site / Company Design Services
   1. Amendments to any design after the initial setup and of the website will incur a fee, except in circumstances where we have made an error.
   2. All designs remain the property of digital Forest Interactive until fully paid for. 6. Limitations of Liabilities for Internet Marketing services
6. Digital Forest Interactive Solutions Ltd. is committed to excellent service and continuous performance improvement. We believe that it is in our own interest to meet or exceed customer expectations. However we have to be clear about the limit of our liabilities in providing the Internet Marketing services, variously referred to as Web design, Web maintenance, SEO, PPC, SEM as follows:
   1. Limitation of liability and warranty disclaimer: Digital Forest Interactive Solutions Ltd. makes no representations, warranties or guarantees of any kind, either express or implied with respect to the internet marketing program, or the functionality, performance or results of use thereof, including, without limitation, any warranties of merchantability, fitness for a particular purpose, non-infringement, or other warranties arising by usage of trade, course of dealing or course of performance.
   2. Without limiting the generality of the foregoing, Digital Forest does not warrant or guarantee the internet marketing program or operation thereof will be uninterrupted, error-free or will meet The Customer’s requirements.
   3. Digital Forest will not be liable for, or considered to be in breach of or in default, on account of any delay or failure to perform as anticipated by the parties, including, without limitation, if Digital Forest’s internet marketing program becomes inoperable or incapable of performing as intended.
   4. Digital Forest will not have any liability or responsibility for any special, indirect, incidental, consequential or exemplary damages in connection with this agreement, including, without limitation, damages relating to the loss of profits, income or goodwill, or third party account access, even if aware of the possibility of such damages.
   5. In no event will Digital Forest’s liability for monetary damages under this agreement exceed the amount paid by The Customer to Digital Forest for the internet marketing program. 6.6. Confidentiality –Digital Forest expects that all information provided to it shall be confidential.
7. Law
   1. This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.
8. This Agreement
   1. By performing any transactions on this web site or purchasing our services you agree to these terms and conditions and our acceptable use policy (AUP),and also agree to make any person(s) who use our services aware of our terms and conditions.

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Legal Notices

Acceptable Use Policy

Digital Forest's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what Digital Forest expects of them while using the service. In accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Digital Forest may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of your Digital Forest account. This document is intended to provide a basic understand of Digital Forest's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Digital Forest's AUP:

• Ensure reliable service to our customers
• Ensure security and privacy of our systems and network, as well as the networks and systems of others
• Comply with existing laws
• Maintain our reputation as a responsible service provider
• Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
• Preserve the value of Internet resources as a conduit for free expression and exchange of information
• Preserve the privacy and security of individual users. While Digital Forest is firmly committed to the principles of free speech, certain activities may be damaging to the resources of both Digital Forest and the Internet and cannot be permitted under the guise of free speech. The resources of Digital Forest and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
• You may not use your account to publish material, which Digital Forest determines, at its sole discretion, to be unlawful, indecent or objectionable.
• For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.