Terms & Conditions

The Olive Otter Web Design Service, offered by Olive Otter, involves the building of your website using Olive Otter software tools, and incorporating business materials supplied by you ("the Web Design Service"). The following terms and conditions apply to the Web Design Service:-

1. Ordering and contract

You can order the Web Design Service by emailing Olive Otter at orders@oliveotter.com.

Olive Otter's written acceptance of your order triggers the commencement of the contract between us for the Web Design Service in accordance with these Specific Terms and Conditions

2. Website Design Service

2.1 You acknowledge that:-

2.1.1 the scope of the Web Design Service is strictly to provide a framework for your website; and

2.1.2 2.1.2 in providing the Web Design Service, Olive Otter is not providing any training, consultancy, legal or other advice with regard to your website or the substantive information that you may choose or be obliged to place on your website.

2.2 You are responsible for supplying to Olive Otter the required materials that you would like to be included in your website ("Materials"). Olive Otter may reproduce, enhance, digitally adapt or amend in some other way the Materials in the course of and for the purpose of building your website and you permit (and have the authority to permit) Olive Otter to do so.

2.3 Olive Otter must receive all of the Materials in order to complete the Web Design Service. All text and graphics must be supplied to Olive Otter in electronic format either by email to orders@oliveotter.com or on a compact disc by post to Olive Otter Web Design, European Headquarters, 3 Rue Emile Bazillou, Mussidan, 24400 France. Olive Otter does not accept any liability for lost materials which have not reached either of the above addresses.

2.4 Any Material not supplied in electronic format will be subject to an additional fee.

2.5 In addition, if the volume or type of Material you supply make it commercially unrealistic in Olive Otter's view to build your website as part of the Web Design Service, Olive Otter may at its discretion decline to perform the Web Design Service, or agree to carry on subject to negotiating specific terms for performing the Web Design Service (including as to charges) to reflect the circumstances.

2.6 In order to provide the Web Design Service, Olive Otter may need to log in on your behalf using your username and password. By contracting for the Web Design Service, you permit Olive Otter to do this.

3. Website Content

3.1 As part of the Web Design Service, and before your website is completed and is published, you shall be able to request Olive Otter add to or amend your website in accordance with this Website Content clause.

3.2 You are responsible for the material and information you or any third party places on your website or which you are legally obliged to place on your website. As a minimum you must ensure you include your contact details (including your business name, postal address, telephone number and email address) clearly on your website.

3.3 You shall be responsible for ensuring that any Material provided by you to us and any material added by you or any other third party is not in any way unlawful or provided in breach of any third party intellectual property rights. In particular, you are responsible for ensuring that all necessary licences and consents (including those from owners of intellectual property rights in such Material/material) have bean properly obtained and that all laws and regulations concerning the content of websites are complied with.

3.4 Olive Otter reserves the right to reject any part of the Materials if they are deemed unsuitable for inclusion within an Olive Otter hosted website, if they breach any terms of these Specific Terms and Conditions or Olive Otter has reasonable grounds for believing any breach has taken place.

4. Links to Other Sites

Where you have requested Olive Otter to include links to other websites in your website, Olive Otter will not make any independent enquiry into those links. You confirm that the creation of those links is authorised by the owner/operator of the linked site.

5. Termination

If you order the Web Design Service and wish to terminate this, you may do so by giving Olive Otter notice in writing to care@oliveotter.com at any time. In the event of such termination you will be required to pay, if it occurs before the website is published, the first months subscription. If termination occurs after publication of the website you will be required to pay the subscription in full relating to the month of termination.

6. Web Design Service Acceptance

6.1 Olive Otter will notify you by e-mail once the Web Design Service team has completed your website ("Completion e-mail"). Your acceptance of the completed output of the Web Design Service ("Acceptance") occurs:-

6.1.1 once you confirm Acceptance in writing by e-mail to orders@oliveotter.com within 10 business days of despatch by Olive Otter of the Completion e-mail; or

6.1.2 automatically on expiry of the time period specified in 6.1.1 above where no email has been received; or

6.1.3 if you publish the website on the internet, at any time following despatch by Olive Otter of the Completion e-mail.

6.2 Any amendment over and above the four reasonable amendments allowed per year, shall be separately chargeable at charges which shall be notified to you on request, as such charges are dependent upon the extent of the required amendment.

7. Website Alterations

Four changes per year can be made to the website. If the volume and type of these changes is considered commercially unviable by Olive Otter an additional fee may be levied.

8. Intellectual Property Rights

8.1 The ownership of all copyright and other intellectual property rights under the Web Design Service shall vest as follows:-

8.1.1 materials supplied by you: ownership remains with you or your third party licensor/supplier;

8.1.2 software and other tools used by Olive Otter to perform the Web Design Service: ownership remains with Olive Otter or its third party licensors/suppliers; and

8.1.3 8.1.3 material specifically and exclusively created by Olive Otter for inclusion in your website: ownership vests in you.

9. I Indemnity

You agree to indemnify Olive Otter and keep Olive Otter indemnified against any expenses. losses, liabilities, damages or costs incurred and any claims or legal proceedings which are brought or threatened against Olive Otter arising from any materials supplied by you or on your behalf, linked websites or your use of the website following Acceptance.

10. Payment

Subscription to the Olive Otter Web Design service is to be paid by cheque, bank transfer, satnding order or international money order. Non receipt of cheque or Cancellation of your bank transfer will be deemed as termination of contract with Olive Otter. If we do not receive payment Olive Otter reserves the right to cease hosting your website and to remove the website from Olive Otter's servers without further notice to you.

11. If you require any further information about the Web Design Service, please contact the Olive Otter Website Design Team at support@oliveotter.com.

 

Our Web Host's Terms and Condtions

Voxtreme provides web hosting to a large client base. All accounts on our servers are subject to these terms of conditions, including but not limited to virtual hosting plans, reseller hosting plans, resold plans and semi-dedicated server plans.
We reserve the right to cancel without notice any account that violates our terms of service, with Voxtreme as the sole arbiter in deciding what constitutes violation.

By proceeding to the next step in the order process, you acknowledge that you have read, understand, and agree to fully abide by our terms of service listed below.

Your account is for your use only, and as the primary user, you agree to take responsibility for all usage of the account.

All services provided by Voxtreme may be used for lawful purposes only. Any violations of laws that apply to Voxtreme, or any jurisdiction that applies to you or your site is strictly prohibited. This includes but is not limited to copyrighted material, intellectual property and threatening material.
Sites that promote illegal activity or present content that is damaging to Voxtreme are also strictly prohibited.

Illegal activity such as hacking and cracking that originates from your account is also strictly prohibited.

We operate a zero tolerance policy on both adult content and spamming (the sending of mass unsolicited emails).

Any adult orientated material, including but not limited to explicit pictures, pornographic or indecent pictures found in any account will result in instant termination without notice. If resold accounts are found to contain material listed, they will be terminated and the reseller informed.

Any unsolicited email transmitted over Voxtreme’s network is strictly prohibited and will result in instant termination without notice. This includes but is not limited to virtual, reseller, resold accounts and semi-dedicated server accounts.

Formmail scripts prior to Matt Wright’s formmail script version 1.9 or later are banned as security holes in the script can result in them being used as spamming tools.

Resources are defined as CPU usage, memory usage and available system resources. When an account is found to be manipulating resources, we may implement the following policy:

When an account is found to be manipulating resources, Voxtreme reserves the right to suspend, terminate, or make appropriate changes to the account to prevent the account from continually manipulating resource.

This policy is only used in extreme cases to prevent misuse and is used to ensure our servers are fast and stable at all times.

The following scripts and programs are banned from our servers due to resource manipulation / server misuse.

• Flat file CGI based forums / message boards such as UBB, ikonboard and UlimateBB
• IRC (Internet Relay Chat) scripts or bots
• Eggdrops
• Proxy Servers
• The Anonymizer
• All "formmail" scripts. It is advised that secure variants, such as PHP Form Mail, are used
• Spamming scripts / programs
• Hacking / spoofing / sniffing scripts / programs
  

Client agrees to use all Voxtreme services and facilities at their own risk and agree to defend, indemnify, save and hold Voxtreme harmless from any and all demands, liabilities, losses, costs and claims including but not limited to attorney’s fees asserted against Voxtreme, it’s agents, officers and employees, that may arise directly or indirectly from any service provided by ourselves.
You agree that this indemnification extends to all aspects of your account, including but not limited to site content and domain name selection.

You agree that you take ALL legal responsibility for account use and that you supply current and truthful details when signing up.

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