Website Design & Hosting

Terms of Website Design and Hosting Service

This policy represents the Focal Space Terms of Service ("TOS") relating to the provision of website design and hosting in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all customers agree to when they engage website design and web hosting services with Focal Space. Focal Space reserves the exclusive right to revise, change, or amend any portion of this policy at any time, without advance notice to customers.

Customers using any services offered by Focal Space consent to be bound by and must comply with all policies in this TOS. At the sole discretion of Focal Space, any violators of this TOS may have their services cancelled without refund and/or, if deemed appropriate, be legally prosecuted.

PLEASE READ THIS AGREEMENT CAREFULLY. BY MAKING PAYMENT TO FOCAL SPACE FOR WEBSITE DESIGN AND HOSTING SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING FOCAL SPACE'S PRIVACY POLICY. YOUR USE OF THE SERVICES ALSO CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

1. General Provisions

a) In consideration for Focal Space maintaining one or more accounts (each "account"), you agree to the following terms of service.

2. Definitions

b) For the purpose of this agreement "You" "Your" "Client" or "Customer" shall refer to the person(s) / company employing the services of Focal Space and shall be as stated under “Client” on all estimates/quotes/invoices produced by Focal Space.

c) For the purpose of this agreement "We" "Us" "Provider" or "Focal Space" shall refer to Paul Colwell, Focal Space being a trading name of Paul Colwell.

3. Disclaimer of Warranty

a) The internet is a complex network of equipment, services, and providers of information, thus the service may not be available to you at all times. Focal Space will make all reasonable effort to maximum uptime; however, Focal Space is not responsible for any down time caused events outside of it's control.

b) FOCAL SPACE MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Focal Space nor any one else involved in the provision of service is liable to you or any third-party for direct or indirect damages resulting from the use or non-use of services provided herein, whether or not such damages resulted from the negligence of Focal Space, even if Focal Space has been advised to the possibility of such damages.

4. Limitation of Liability

a) IN NO EVENT SHALL FOCAL SPACE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE FOCAL SPACE'S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF FOCAL SPACE'S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF FOCAL SPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FOCAL SPACE'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO FOCAL SPACE FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, FOCAL SPACE'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

5. Indemnification

You agree to indemnify, defend, and hold Focal Space and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute, or demand related to your use of the services, your violation of any of the provisions of this agreement, or from your placement or transmission of any materials or content onto Focal Space's servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Focal Space's equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the services, unless such injury or property damage is caused solely by Focal Space's gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business. (e) Focal Space will not be held responsible for damages claimed by any reseller customer.

6. Website Design and Web Hosting Services

a) Focal Space will provide website design and web hosting services ("the service/s") to its customers for the express purpose of allowing customers to provide http internet content to the general public. The service allows Focal Space customers to maintain internet websites and receive, and maintain email accounts. For the term of the agreement as set forth herein, Focal Space agrees to provide these services according the options selected by you upon activation of your account. Focal Space reserves the right to change, amend, and/or otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you. The specifics of any particular offer are contained within the offer itself as published on the Focal Space website at the time you create your account and remain in effect throughout the term of your agreement. Services shall be defined as creative website design and technical support for the purposes of displaying a business or personal website.

b) Focal Space will endeavor to update customer's websites within 7 days of receiving instructions to do so. Focal Space will give reasonable prior notice to customers about such periods during which we will be unable to make updates within 7 days. On occasions where updates have not been completed within 7 days, without prior notice, Focal Space will offer such compensation as we deem appropriate. Website content updates should be sent by email to 'updates@thefocalspace.com'

c) Focal Space customers will use the provided services in a manner consistent with any and all applicable county and federal laws. Focal Space provides the services exclusively and makes no effort to edit, control, monitor, or restrict the content of data other than as necessary to provide such services. If any of the below activities are committed, Focal Space can terminate a client's account without notification.

7. Domain Registration

a) Focal Space may acquire a domain name for the purposes of displaying a customer's website. Focal Space will own and control any domain name registered for this purpose, no rights of ownership or control are granted or inferred to the customer.

8. IP Address Ownership

a) During the course of providing services to a customer, Focal Space may assign a customer an Internet Protocol address. The customer agrees that he/she has no right to a particular IP address under this agreement, and accordingly, Focal Space shall retain ownership of any IP address or addresses used by the customer under this agreement, and that Focal Space reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

9. Acceptable Use

a) Client Content: The client agrees that web pages and files uploaded to servers will not violate any province, federal, or foreign laws or regulations; infringe on any intellectual property rights of Focal Space or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Focal Space or any third party. Customers may not run IRC, bots, or clients. Unacceptable uses also include: bulk unsolicited emailing, unsolicited emailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers. Focal Space will be the sole and final arbiter as to what constitutes a violation of this policy. Focal Space does not normally monitor the contents of clients servers; however, if suspicion occurs, Focal Space reserves the right to investigate and terminate the client's subscription to the service.

b) Bandwidth Usage: Focal Space offers a generous amount of data transfer per month. Focal Space reserves the right to review and place limitations on those accounts that adversely affect an individual server’s processing performance.

c) Excessive Resource User Policy: Resources are defined as bandwidth, memory, and/or processor utilization. There are numerous situations where problems could be caused, including, but not limited to: cgi scripts, FTP, HTTP, etc. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Focal Space will be the sole and final arbiter as to what constitutes a violation of this policy.

d) No "Spam": UCE/UBE or "spam" originating from a server located on our network or associated with a Focal Space server is not tolerated. This includes any email that promotes websites hosted on a server located on the Focal Space network, but which is sent from an email address not associated with a Focal Space account. The client shall not use his/her Focal Space services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Focal Space reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a £200 clean-up fee if an account was suspended for policy violation. In the event of a dispute Focal Space reserves the right to determine, in its sole and discretion, whether email recipients were from an opt-in email list.

e) False Information: The client agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact Focal Space concerning unethical, false, or unlawful activities by you, Focal Space reserves the right to terminate your service without notice.

f) Licensed Software Only: The client agrees to use only properly licensed third party software in connection with the client's use of the services.

g) Back-Up Files: Focal Space will create back-ups of account data. However, we will not accept any liability for the loss of data caused by events outside of our reasonable control.

h) No Unauthorized Scripts or Executables: The customer agrees not to run any scripts, executables, or other programs or processes on Focal Space servers or other equipment that will in any way adversely affect the performance of said equipment.

i) Violations of Intellectual Property Rights: The customer agrees that it shall not violate any intellectual property rights and that it shall not resell services to any party which violates intellectual property rights. Any violation of any individual or entity's intellectual property rights including rights of privacy and rights of publicity is prohibited. Focal Space is required by law to remove or block access to content appearing on or through the services upon receipt of proper notice of copyright infringement.

j) Viruses and Other Destructive Activities: Use of the services for creating or sending malicious, destructive, or nuisance code, examples of which include but are not limited to, viruses, worms and Trojan horses, or for pinging, flooding or mail-bombing, or engaging in denial of service attacks is prohibited and is a breach of this agreement. The customer also agrees not to engage in any other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the services (or any connected network, system, service or equipment).

k) Malicious or Unauthorized Hacking: The customer agrees not to conduct or promote any 'hacking' activity and agrees that 'hacking' as herein defined includes but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in malicious or unauthorized hacking or cracking. Any such activity on the part of customer is a material breach of this agreement.

l) Child Pornography: The use of the services to store, post, display, transmit, advertise, or otherwise make available child pornography is prohibited. Focal Space will as required by law, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the services.

m) Other Illegal Activities: The use of the services to engage in any activities that are determined by Focal Space, in its sole and absolute discretion, to be illegal or which in Focal Space's opinion are likely to be found to be illegal is prohibited. Such illegal or potentially illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, password and cracking information, fraudulently charging credit cards or displaying credit card information or other private information of third parties without their consent, and failure to comply with applicable on-line privacy laws. Focal Space will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the services.

n) Obscene, Defamatory, Abusive or Threatening Language: Use of the services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive, or threatening language is prohibited.

o) Data Warehousing: The servers provided by Focal Space are intended for web services use only. Any use of our servers for file storage, data warehousing, back-up data storage, or any form of data file storage or management is prohibited. Focal Space servers are intended for web enabled services and hosting.

p) Prohibited Activities: The client will not run services or software related to Internet Relay Chat ("IRC"), Peer To Peer File Sharing ("P2P"), bit torrent, game servers, proxy server network, or interactive chat applications The client is strictly prohibited from running a P2P, membership or community site for file sharing, video sharing or photo sharing. The above activities consume a great deal of server resources and are strictly prohibited.

q) Other Prohibited Activities: Engaging in any activity that, in Focal Space's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the services, Focal Space's business, operations, reputation, goodwill, customers and/or customer relations, or the ability of Focal Space's customers to effectively use the services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this agreement. In addition, the failure by a customer to cooperate with Focal Space in correcting or preventing violations of this agreement by, or that result from the activity of, a customer of the subscriber is a violation of this agreement.

10. Fees and Payments

a) Fees - Focal Space charges the following fees where applicable. All such fees are subject to change with 30 days notice. Not all fees are applicable to all accounts.

b) Service Fee – This is the fee for one calendar month's use of the services. The fee is due in advance of the calendar month in which the services are provided.

c) Change of Plans: Focal Space also reserves the right to alter, change, amend, or delete fees at its sole discretion. Focal Space further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.

d) Focal Space reserves the right to offer promotional rates which may or may not be more favourable than the terms under which you entered this agreement. Any special rates shall not effect the existing rights and responsibilities of each party. Focal Space also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.

e) Payment of Fees - Focal Space accepts payment by cheque, bank transfer or Paypal.

f) Payment Obligations: Full payment is required in advance before each monthly website design and hosting service period begins. Focal Space sends out receipts for payments after they have been received. All payment receipts will be sent by email. No receipts will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. To have your account re-established, you will need to contact Focal Space and make arrangement for the account to be re-activated.

g) Cancellation & Refunds: Should you become dissatisfied with our website design and web hosting services within the first 7 days of your monthly account usage, Focal Space will refund your monthly fee. You may, however, cancel your account at any time. You will need to contact Focal Space and verify your information before cancellation takes place. In the event of cancellation of the service, any domain name registered by Focal Space to enable the display of your website will remain the property of Focal Space. You may purchase the domain name used to display your website at a cost of £80.

11. Suspension and Termination

a) At the sole discretion of Focal Space, for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to payment of fees or any violation of the acceptable use policy, Focal Space may suspend your account by deactivating any access by you and/or by web users to any information contained on the Focal Space servers related to your account. Suspension shall specifically include the disabling of your hosted domain and/or any access to information or data related to your account. In the event of any such suspension, you will be notified. At the option of Focal Space, you may be given an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected, the account may be terminated.

b) Termination - This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the Focal Space servers. Such information or data may or may not be made available to you by Focal Space after any such termination. This agreement may be terminated either after a period of suspension as indicated above or at the sole discretion of Focal Space. In the event of termination, there will be no refund provided to you.

c) Focal Space reserves the right to cease the provision of services to existing customers or prospective customers if, for any reason and at our sole discretion, we feel that we cannot provide a sufficient and satisfactory level of service to the customer. In the case of existing customers, Focal Space will give 30 days notice prior to the cessation of services and provide the customer with all data stored as part of the services that is not the property of Focal Space.

12. Assignment

a) Your rights under this agreement may be assigned only upon prior notice and express approval by Focal Space. Any other attempted transfer or assignment of rights hereunder shall be null and void.

b) Focal Space may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Focal Space.

13. Amendment

a) Focal Space may without advance notice amend this agreement from time to time, and will do so by posting the new agreement on the Focal Space website in place of the old agreement. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts. If any material modification to this agreement is unacceptable to the customer it shall be customer's responsibility to terminate his/her subscription. If the customer does not terminate the agreement within 10 days of the material modification, then customer's continued use will mean that customer has accepted the amended or modified agreement and the agreement is in full force and effect.

Last Updated: 23rd July 2011