Customers of YCOL are governed by the following terms and conditions. TERMS OF SERVICE YCOL reserves the right to suspend or cancel a customer's access to any or all services provided by YCOL when YCOL decides that the account has been inappropriately used or otherwise. SERVER USE Personal accounts are to be used by the primary owner only. Personal account holders are not permitted 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. Customers may however resell our Reseller packages. YCOL reserves the right to refuse service and /or access to its servers to anyone. DOMAIN NAMES The use of a domain name with your web space account is included. Where registered on your behalf, each domain is registered for a minimum of 2 years for you, the account holder (Unless otherwise stated). Domains may be transferred 'in or out' at any time. There is no charge for this service. YCOL reserve the right to 'freeze a domain' should an account fall into bad debt or be put on 'Stop'. CONTENT YCOL do not allow certain types of content to be hosted on YCOL accounts. YCOL do not allow adult content of any description. Content relating to Hacking, Cracking, Warez, IRC, racial hatred, anti-religious, defamatory and libelous material is not allowed. Software that can be downloaded may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work. COPYRIGHT YCOL reserves its copyright rights on all aspects of web sites that YCOL creates. No part of a web site created by YCOL, Tim Sweed may be reproduced in any form without the prior written permission of the copyright owners. USEAGE POLICY YCOL offers an unlimited use policy. In rare cases, YCOL may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, YCOL reserves the right to impose the High Resource User Policy for the consideration of all customers. HIGH RESOURCE USER POLICY Resources are defined as bandwidth and/or processor utilization. YCOL may implement the following policy to its sole discretion: When a website is found to be monopolising the resources available YCOL 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. Customers may be offered an option whereby YCOL continues hosting the website for an additional fee. SUPPORT YCOL offer an e-mail support service. PAYMENT POLICIES All accounts are set up on a prepay basis. Although YCOL 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 following the date the account was established. Customers will automatically be billed again at the end of their prepay period unless closure notification has already been given. YCOL reserves the right to suspend other services until any outstanding debt is cleared. A £90 reactivation charge will be levied to reinstall a customers website to it's former state should you require it. 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 written cancellation request. No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email. All payment is in UK sterling. Cheques should be made payable to Tim Sweed. CANCELLATION AND REFUNDS YCOL 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 membership. If a customer contravenes YCOL terms of service a refund will not be issued in the event of a cancellation. Customers may cancel their account at any time. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as incentives in the result of a cancellation. Fees charged on a prepay basis are non-refundable. Customers are not entitled to receive a refund unless the service is cancelled by YCOL. In addition some accounts incur set-up fees, these charges are also non-refundable. INDEMNIFICATION Customer agrees that it shall defend, indemnify, save and hold YCOL harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against YCOL, 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. Customer agrees to defend, indemnify and hold harmless YCOL against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with YCOLs' server; (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 YCOLs' server. DISCLAIMER YCOL will not be responsible for any damages your business may suffer. YCOL makes no warranties of any kind, expressed or implied for services YCOL provides. YCOL disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by YCOL, its employees and third parties. YCOL reserves the right to revise its policies at any time. © Copyright Your Council Online (Tim Sweed) 2002