Use of the Website includes, but is not limited to, accessing, browsing or registering to use the Website.
Your use of the Website
You shall not use the Website for, or send to the Website, anything which, in any way:
5.1. is not in our best interests;
5.2. involves your use of any viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful or is intended to damage or interfere with the Website or any other system or information;
5.3. is infringing of any intellectual property rights or rights of privacy or confidentiality of us or any third party;
5.4. is fraudulent, criminal or not lawful, or which is in breach of any applicable law, statute, regulation or bye-law;
5.5. is misrepresentative or impersonates another person or organisation;
5.6. is defamatory, racist, sexist, defamatory, discriminatory, offensive, threatening, hateful, pornographic, indecent, obscene, malicious, abusive, political or untrue, or selling of prohibited materials i.e. drugs, weapons, fraudulent documents or counterfeit money;
5.7. is not accurate or outdated; or
If you submit or send to the Website any information or material, that information or material shall be considered non-confidential and non-proprietary. You hereby grant to us a worldwide, royalty-free, irrevocable, assignable, sub-licensable licence to use that information or material for the purposes of the Website or our general business purposes. You hereby waive your moral rights in respect of such information or material, such that we do not need to identify you as the author of that information or material and we may amend or modify it as we consider, in our absolute discretion, to be appropriate.
We have the right to disclose your identity to any third party that claims that any content posted or submitted by you in relation to the Website infringes their intellectual property rights or their right to privacy or confidentiality.
You shall comply at all times with our instructions for use of the Website.
Availability, accuracy and security of the Website
The Website is made available free of charge.
The content on the Website (including, but not limited to, the content of the Announcement, Blogs, Knowledge Base and Service Status sections of the Website) is provided for general information only and is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
From time to time, we may carry out maintenance or repairs to the Website, or update the Website with new functionality.
We will use our reasonable endeavours to make the Website available 24 hours a day. Subject to paragraph 19 below, we shall not have any liability if the Website is unavailable for any period or at any time.
Due to the nature of the Internet, we cannot guarantee that the Website will always be available or that your access to the Website will be uninterrupted, timely or error-free. We do not guarantee that the Website will be secure or free from bugs or viruses.
We may suspend or withdraw from any user access to the Website for any reason, temporarily or permanently, at any time without notice, and you shall not circumvent, or attempt to circumvent, any such action.
We may impose restrictions for any reason on access to the Website at any time without notice, and you shall not circumvent, or attempt to circumvent, any such action.
It is your responsibility to ensure that any hardware, software or any equipment that you use is compatible with the Website, and, subject to paragraph 19 below, we shall not have any liability for any damage caused to, or viruses or other information which may effect, any such hardware, software or equipment due to your access to the Website. You should use your own virus protection software.
Subject to paragraph 19 below, we shall not have any liability for the actions of third parties.
We accept liability for:
19.1. death or personal injury caused by our negligence;
19.2. our fraudulent misrepresentation; and
19.3. any other liability that we cannot exclude or limit at law. Subject to paragraph 19 above, and to the extent permitted by law, in all cases other than in respect of services we provide to a specific client (which shall be governed by separate contractual terms of engagement):
20.1. our maximum liability (whether in tort, contract, misrepresentation, negligence, restitution or under any other legal head of liability) in relation to your use of or inability to use, or delay in use of, or reliance on any content on, the Website or any material in it or accessible from it or from any action or decision taken as a result of using the Website or any such material, shall be £100; and
20.2. we shall not have any liability (whether in tort, contract, misrepresentation, negligence, restitution or under any other legal head of liability):
20.2.1. in relation to your use or inability to use of, or delay in use of, or reliance on any content displayed on, the Website or any material in it or accessible from it; or
20.2.2. arising from any action or decision taken as a result of using the Website or any such material; for any: (i) indirect or consequential losses, damages, costs or expenses; (ii) loss of actual or anticipated profits; (iii) loss of contracts; (iv) loss of use of money; (v) loss of anticipated savings; (vi) loss of revenue; (vii) loss of goodwill; (viii) loss of reputation; (ix) loss of business; (x) ex gratia payments; (xi) loss of operation time; (xii) loss of opportunity; (xiii) loss caused by the diminution in value of any asset; or (xiv) loss of, damage to, or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of such losses being incurred. For the avoidance of doubt, (ii) to (xiv) (inclusive) of this paragraph 20.2 apply whether such losses are direct, indirect, consequential or otherwise. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
We are the owner or licensee of all intellectual property rights on this Website and of the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
All names, logos and related names, design marks and slogan used by us are trade marks or service marks of us or our licensees.
Unless otherwise stated, the copyright, database rights and any other rights (including, but not limited to, intellectual property rights) in all information, data, text, photographs, images, graphics and materials (together “Materials”) on the Website, and the design, layout, “look and feel” and appearance of the Website is owned by us or licensed to us by third parties. You are permitted to use and download Materials or extracts from the Website to a local hard disk and print copies, subject to all of the following:
24.1. your use of the Website and any Materials is for your internal, personal, private use only;
24.2. except to the extent provided by law, you must not use, copy, reproduce, republish, post, broadcast or transmit any part of the Website or any Materials for any other purpose without our express prior written consent. This includes (but is not limited to) not reproducing or storing any part of the Website or any Materials in any other website or in any public or private electronic retrieval system or service;
24.3. you must not modify the paper or digital copies of any materials you have printed off or downloaded from the Website in any way, and you must not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text;
24.4. except as we expressly permit, you must not in any way modify any Materials on the Website;
24.5. our copyright notice (e.g. © Dream Hosts Website Solutions) or, where indicated, the notice of our licensors, must appear in all electronic or hard copies of any Materials or extracts from the Website;
24.6. when you lawfully or with our consent copy, reproduce, republish, post, broadcast, transmit, print or quote from any of the Website or any Materials, you must do so fairly and give due accreditation to us, our suppliers and the Website. You shall also do so in accordance with any restrictions which we stipulate on the Website;
Your account and login details
You may need to use a username and password to access restricted sections of the Website. To register for such access, you may need to provide us with your name, email address, phone number and your chosen username and password; please see our Privacy and Cookies Policy for more details about this. When you choose a username, password or any other information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
You should not choose a password which can be guessed easily.
If you think you may have lost your password or allowed a third party to see it, you must let us know straight away.
You shall be responsible for all use of the Website made under your login details.
We may require that you change your password from time to time.
Third party websites
We have no control over the content of any website to which a link from the Website exists (unless we are the provider or operator of those linked websites). Subject to paragraph 19 above, we shall have no liability for the content of those linked websites. Those websites are provided “as is” with no express or implied warranty for their content. By providing a link to those websites, we do not provide any endorsement or recommendation of those websites, their content or their operators or owners.
Unless we provide our written consent for you to do so, you shall not frame the Website onto your own or another person’s website.
We hereby grant to you a royalty-free, non-exclusive, revocable licence to provide a link from your website to the homepage of the Website; however, you must do so in a legal and fair way without damaging our reputation or taking advantage of it, and:
34.1. you shall not establish a link to the Website on any website that is not owned by you;
34.2. you shall not say anything that is false, misleading, derogatory or offensive about us or our services;
34.3. you shall not make any warranties or representation about us or our services without our prior written consent;
34.4. you shall not say or suggest that we have endorsed your website or are associated with it without our prior written consent; and
34.5. you may not charge any fee to any third party in order to use such link or to otherwise access the Website and, if you act in breach of this paragraph34.5, you agree that any such fee that you have received shall become immediately payable by you back to such third party.
We reserve the right to withdraw this linking permission without notice.
We may change or update the Website and its content at any time without notice to you. However, please note that any content on the Website may be out of date at any given time, and we are not under any obligation to update that content.
Shared / Reseller / WordPress / Application Hosting:
Shared and re-seller hosting accounts will be activated instantly on receipt of payment. Once paid, our systems will automatically provision your account and will notify you of any relevant setup / information. Due to our fraud prevention systems – any order may be placed in a ‘Pending’ state awaiting confirmation / acceptance by management. This may cause delays and will prevent automatic creation of the shared hosting accounts mentioned above.
Cloud / VPS / Dedicated and Other:
Services apart from those on our shared hosting environments will be provisioned manually within 48 hours following receipt of first payment.
This Privacy and Cookies Policy (together with our Terms and Conditions and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read this Privacy and Cookies Policy carefully to understand our views and practices regarding your personal data and how we will treat it.
We will only use your personal data in the manner set out in this Privacy and Cookies Policy. We will only use your personal data in a way that is fair to you. We will only collect personal data where it is necessary for us to do so and where it is relevant to our dealings with you. We will only keep your personal data for as long as it is relevant to the purpose for which it was collected or for as long as we are required to keep it by law.
For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is Dream Hosts Website Solutions, a sole trading entity in England and Wales.
Information we may collect from you
We may collect and process the following data about you:
Your title, name, date of birth, address, email address, telephone numbers, username, password, business name (if applicable) and such other contact details as we require. This includes information provided at the time of registering to use the Website.
Information that you provide by filling in forms on the Website. This includes information provided at the time of subscribing to our services or requesting further services. We may also ask you for information when you report a problem with the Website.
If you contact us, we may keep a record of that correspondence.
You should only submit to us information which is accurate and not misleading. You should keep that information up-to-date and let us know if any of that information changes by emailing us at email@example.com By submitting your or anyone else’s data to us or the Website, you must ensure that you have full authority and consent to supply us with that data on their behalf and you warrant to us that you have that authority.
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
If you want to find out more information about cookies, go to http://www.allaboutcookies.org or to find out about removing them from your browser, go to http://www.allaboutcookies.org/manage-cookies/index.html.
Where we store your personal data
All information you provide to us is stored on our secure servers. We use leading industry security and firewalls on our servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping that password confidential. We ask you not to share a password with anyone.
We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
When you make any payment to us through the Website, you must make that payment to us using our secure payment gateway Stripe. We do not collect any payment information from you. When submitting your payment information to Stripe, please note that Stripe have their own privacy policies and that we do not accept any responsibility or liability for those privacy policies. Please check those privacy policies before you submit any personal data.
Your card details are not stored on our own servers, but remotely with our payment gateway for your security. Recurring use of cards is permitted using ‘tokenisation’.
We do not store credit card details nor do we share customer financial details with any 3rd parties.
We use information held about you in the following ways:
We may transfer our databases containing your personal information if we sell our business or part of it to an actual or potential purchaser.
We may also disclose your details as described elsewhere in our Privacy and Cookies Policy.
Other than those set out in this Privacy and Cookies Policy, we shall NOT sell or disclose your personal data to third parties without obtaining your prior consent unless this is necessary for the purposes set out in this Privacy and Cookies Policy or unless we are required to do so by law.
The Website may, from time to time, contain links to and from the websites of our partner networks and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
You have the right to access information we hold about you. Your right of access can be exercised in accordance with the latest privacy Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
By submitting data to us and using our services and website, you consent to our use of your data and of anyone you represent in the manner set out in this Privacy and Cookies Policy (as amended from time to time, as described below) and you are responsible for ensuring that you have authority to consent on behalf of anyone about whom you submit data to us.
Please note that you can revoke any consent you have given us under this policy at any time by contacting us on firstname.lastname@example.org, and referencing this Privacy and Cookies Policy in the email subject line, using the body of the email to say what consent you are revoking.
Changes to our Privacy and Cookies Policy
Any changes we may make to our Privacy, Cookies and Terms of service policies will be posted on the Website and, where appropriate, we will notify you via e-mail. Each time you enter the Website, you agree that to our Privacy, Cookies and Terms of service policies current at that time shall apply to all information held by you.
Dream Hosts utilizes fraud prevention tools to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to fraud related services for misbehaviour using non-identifiable anonymous information.
Questions, comments and requests regarding this Privacy and Cookies Policy are welcomed and should be addressed to email@example.com