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Standard Terms & Conditions of Service
By logging into your account, or uploading files to it, you are indicating your acceptance of these Terms and Conditions.
Services provided by BareFlame.net.
Owned and Managed by BareFlame Limited, Crusader House, 145-157 St. John Street, London EC1V 4QJ
BareFlame Limited reserves the right to suspend or cancel a customer's access to any or all services provided by BareFlame Limited when BareFlame Limited decides that the account has been inappropriately used or otherwise. We reserve the right at any time to access, amend, remove or delete any or all data stored on our servers without your prior consent. When your account is closed, all files (including web pages, etc.) will be deleted. We reserve the right to cancel your account at any time without notice.
Please note: The above right is only enforced in extreme circumstances where the security or integrity of our other customers data or our servers are at risk.
(1) Data Protection
BareFlame Limited adheres Data Protection Act 1998 (UK) and is a Registered Data Controller. BareFlame Limited will not share, sell, release or transport your personally identifiable information to any other organisation.
For further information see our separate Privacy Policy.
(2) Server usage
Hosting accounts are to be used by the primary owner only, or their nominated representative/s. Hosting account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads. You must not divulge your username or password to any other person, other then you nominated representative and you should take reasonable precautions to ensure that other people do not discover it.
Actions taken by someone with your username and password will be deemed to have been authorised by you, except where you have notified us prior of any security breach. BareFlame Limited reserves the right to refuse service and/or access to its servers to anyone.
(3) Back-ups
BareFlame Limited will back-up your website data on a regular basis; however, it is recommended that you keep an independent local backup of all data stored on your account as restoring individual files may incur a charge. An off-site back-up service is available on some accounts at an additional cost.
(4) Server content
BareFlame Limited do not allow any of the following content to be stored on its servers:
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any national law or local regulation.
Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of BareFlame Limited.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, phishing, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which
provide "links to" or "how to" information about such material.
Gaming - Includes pirated software, software downloads etc., and encrypting of any of the above.
Any breach of national laws or regulations will result in a report being made to the appropriate authorities and may result in prosecution. If you are unsure of any content you wish to
upload, please contact us prior to uploading.
(5) Fair use
High bandwidth usage: BareFlame Limited offers a fair use policy on its web hosting packages by maintaining very large ratios of bandwidth per customer. In rare cases, BareFlame Limited may find a customer to be using server resources to such an extent that he or she may jeopardise server performance and resources for other customers. In such instances, BareFlame Limited reserves the right to impose the High Resource User Policy for the consideration of all customers.
(6 )High Resource User Policy
Resources are defined as disk space and/or bandwidth and/or processor utilization. BareFlame Limited may implement the following policy at its sole discretion:
When a website is found to be monopolising the resources available BareFlame Limited reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.
(7) Payment Policy
All accounts are set up on a prepay basis (some exclusions exist). Although BareFlame Limited reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year or month following the date the account was established. Customers will automatically be invoiced again at the end of their prepay period unless closure notification has already been given. BareFlame Limited does not store any payment/card details for annual accounts and we request you complete a new payment instruction when payment is due. If you pay monthly, your card details will be held by the payment processor, not BareFlame Limited, and will be processed monthly as instructed.
In addition, BareFlame Limited reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a signed written cancellation or signed fax cancellation request to our registered office. All contact details can be found on the 'Contact Us' pages.
All payments are in GBP.
(8) Payment Options
In order to streamline our accounting procedures and reduce payment processing costs, BareFlame Limited allows a limited number of payment options.
Credit/debit cards: BareFlame Limited accepts MasterCard, Visa, Delta, Visa Electron, Switch/Maestro and Solo.
Direct Credit: Available to those customers with internet or telephone banking.
Cheque Payment: This option is only available to customers who pay annually. BareFlame Limited cannot guarantee that a service will be provided until after any received cheque's have been cleared. Payment by cheque is not available for all services.
(9) Checkout with PayPal
BareFlame Limited has introduced PayPal as it's preferred payment option.
Using the "Check out with PayPal" (PayPal (Europe) S.à.r.l. & Cie, S.C.A) button offers you the option to purchase all BareFlame.net services using your PayPal account.
You agree to allow PayPal to debit the full amount of any transaction from your PayPal account balance or the preferred funding source you registered with PayPal.
It is your responsibility to keep Your PayPal Account current, to have available funds in it and to have your PayPal Account backed by a valid Credit/Debit card.
You agree that PayPal and BareFlame Limited will not be responsible for payments that fail to go through as a result of your funding source no longer existing, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for the services provided, You agree that PayPal and BareFlame Limited may pursue all available options in order to obtain payment.
You agree that if the transaction is returned unpaid, You will pay a service charge of £15, which may be debited from your account by PayPal or charged to your preferred funding source.
By selecting "I agree" to the Terms & Conditions during the sign-up process, you authorise the information provided to be used for the creation of an electronic money transfer (EMT), and you authorise a debit of THE FULL AMOUNT of your order from your PayPal Account or preferred funding source.
(10) Cancellations and Refunds
BareFlame Limited reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of service. If a customer contravenes BareFlame Limited's terms of service, a refund will not be issued in the event of a cancellation.
Customers may cancel their account at any time by writing or faxing a signed cancellation form to us. Any incentives offered to customers when opening the account will also be cancelled. No refunds will be given unless the cancellation falls within the terms of BareFlame Limited's Money Back Guarantee (see below). All cancellations are subject to a 30-day
Money Back Guarantee: New customers may cancel within fourteen days of their BareFlame Limited Account creation date and be entitled to a full refund except in the following circumstances: Customers will not be entitled to a refund if they have previously had an account with BareFlame Limited; if an account has previously been created at the same postal address; if data transfer has exceeded 1GB within the fourteen day refund period; if the product type has been changed within the first fourteen days; or if more than one product of the same type has been ordered within the first fourteen days. In addition, the Money Back Guarantee does not apply to Domain Name Registration, Web Forwarding, Reseller Accounts/Reseller Hosting Products, SQL 2000 Database Hosting, Dedicated Servers or any admin or upgrade fees. To request a refund under the terms specified above send a letter to BareFlame Limited's accounts department with the following information: BareFlame Limited Account Number; transaction ID; value of transaction. This letter must be signed by the account holder.
All other fees charged are non-refundable.
(11) Indemnification
The customer agrees that it shall defend, indemnify, save and hold BareFlame Limited harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against BareFlame Limited, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless BareFlame Limited against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with BareFlame Limited's servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from BareFlame Limited's server.
(12) Disclaimer
BareFlame Limited will not be responsible for any damages your business may suffer. BareFlame Limited makes no warranties of any kind, expressed or implied for services we provide. BareFlame Limited disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by BareFlame Limited, its employees, suppliers, customers or any third party. BareFlame Limited reserves the right to revise its policies at any time.
(13) Service Level Agreement(SLA)
Selected hosting accounts are now covered by our 99.8% Service Level Agreement.
BareFlame Limited guarantees that all servers hosting Accounts expressly covered by this SLA will be available for a minimum of 99.5% of any calendar month. This agreement is suspended during the following periods: Announced server maintenance, Emergency server maintenance, and announced server upgrades. Should a server fail to meet the SLA during any calendar month, a credit equal to the previous 28 day period will be made to the account holder. This agreement is included with most hosting accounts or is available as an optional extra.
(14) Security and protection of vulnerable people
BareFlame Limited will release your personally identifiable information to any Court, Police Authority or Security department of the British Government should it suspect its services are being used for illegal, exploitive or terrorist purposes.
In cases involving child endangerment or exploitation, BareFlame Limited may release your personally identifiable information to any federal/local law enforcement agency in the following countries: United Kingdom, Australia and United States of America.
BareFlame Limited will immediately suspend any account involved in any of the above activities.
(15) Legality
This agreement is governed by English Law and applies to all BareFlame Limited customers unless a separate agreement is in place.
Should any condition/part of this agreement be deemed by a court to be unenforceable, the remaining conditions shall remain intact and legally enforceable.
Important Information
These Terms & Conditions of Service were last updated on 1st March 2009.
Any addition or modification of these terms will be notified to customers via e-mail. It is recommended all customers read these terms and ensure they check all notified changes.
Continued use of our servers confirms acceptance.