Last Updated 26th March 2009
Unacceptable Content:
All services provided by Hosting Photography may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Hosting Photography and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.
Hosting Photography will be the sole arbiter as to what constitutes a violation of this provision.
Pornography and sex-related merchandising is prohibited on all Hosting Photography servers. This includes sites that may infer sexual content, or link to adult content elsewhere. Hosting Photography will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.
Hosting Photography provides web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. When you abide by these guidelines, you help ensure that our obligations to you and our other customers are met.
Sites with banners, graphics or cgi’s running from their domain used on other domains:
When you employ services such as Link Exchange or a cgi host who lets 1000′s of others link to their site, it is important that you require any sites you exchange ads with to display your ad on their server. Not only will not abiding to this guideline cause your site to load slowly, you will be responsible for the data transfer used in this process.
Sites using more than 20% of system resources:
Hosting Photography will be the sole arbiter as to what constitutes a violation of this provision.
IRC:
You must contact support@hostingphotography.com before running anytype of IRC client or server.
Email:
Spamming, or the sending of unsolicited e-mail including, without limitation, commercial advertising and informational announcements, from an Hosting Photography servers or using an e-mail address or domain that is maintained on an Hosting Photography machine as reference is STRICTLY prohibited. Hosting Photography will be the sole arbiter as to what constitutes a violation of this provision. A user shall not use another site’s mail server to relay mail without the express permission of the site. Hosting Photography will be the sole arbiter as to what constitutes a violation of these provisions.
Server Abuse:
Any attempt to undermine, compromise the security of, or otherwise cause harm to any Hosting Photography server or customer accounts is strictly prohibited and will result in the cancellation of the account.
Background Running Programs:
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
Limited Liability:
Hosting Photography shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with our services, including but not limited to damages for lost profits, loss of use, lost data, down time, loss of privacy, damages to third party even if we have been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claims based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise.
Hosting Photography will not censor any content on the INTERNET. It will be the CLIENT’s responsibility for the usage of his account and any consequences of this usage.
Money Back Guarantee:
Hosting Photography is pleased to offer a money-back guarantee within 30 days of your account activation should we fail to provide satisfactory service. We do not refund domain registration fees, setup fees or any customization fees. Furthermore, Hosting Photography will not and can not be responsible for any fees that you charge for your services to your customers. Our guarantee does not apply to accounts which violate our acceptable use policies, exceed the data transfer limits, domain name registrations, or accounts you have resold.
Account Activation:
By activating your account with Hosting Photography, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.
Account Cancellation:
Your account can be cancelled by submitting an email to support 10 days before the next billing cycle (before your next monthly payment is due).
If the account is cancelled within the first 30 days a refund for the hosting services will be given as detailed in our money back guarantee. Domain Name registration fees, setup fees and any fees for customization work cannot be refunded. Refund do not apply to Customers in breach of this Terms of Service.
Billing:
Payments may be made via paypal or 2checkout.com and you are responsible to keep your account up to date. You will be reminded when payments are due and you have a balance outstanding.
Disclaimer:
Hosting Photography cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Hosting Photography are resold. Thus, certain equipment, routing, software, and programming used by Hosting Photography are not directly owned or written by Hosting Photography. Moreover, Hosting Photography holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Hosting Photography sees fit.
Hosting Photography retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
Affiliates
AFFILIATE PROGRAM OPERATING AGREEMENT
1. INTRODUCTION
This agreement states the full terms and conditions that apply to individuals or entity participating in the www.hostingphotography.com affiliate program / scheme. We herby wish to appoint you as an Affiliate of www.hostingphotography.com for the purpose of promoting www.hostingphotography.com products and services on our website through your website in exchange for a referral commission detailed in Clause 5, on the terms and conditions of this Agreement.
2. APPLICATION PROCEDURE
2.1 In order to become an affiliate of www.hostingphotography.com you must make a formal application on our website subsequent to the acceptance of the terms and conditions set out herein.
2.2 On receipt of your application we will evaluate your Website suitability to the program. We reserve the sole right to decline your application if we feel that it does not satisfy the interest of either the Website or the program, or both. Once your website has been reviewed we will notify you on whether your application has been accepted or declined.
2.3 If your Website is accepted and it is later determined that you are unsuitable for the program then we have the sole discretion to cancel the program with immediate effect.
3. INTEGRATION
Participation in the affiliate program requires your Website to be correctly integrated to our Website. You must adhere to the following terms to ensure this condition is maintained through the term of the program.
3.1 Integration of your Website to our Website is achieved through a choice of links the Links available from the affiliate interface. Any of the Links will enable your end-user to navigate to our Website.
3.2 The appearance of the Links are controlled by www.hostingphotography.com and you agree that participation in the program requires you to adopt only the links presented at the location stated in sub Clause 3.1.
3.3 You must not alter the appearance or the functionality of the Links in any such way.
3.4 From time to time we may alter the appearance or functionality of the links and it is your responsibility to ensure that you are using the most up to date version. We therefore advise you to return to the site regularly to ensure this requirement is satisfied.
4. ORDERS
It is our responsibility to process the order for customers who are referred from your Site through the integration detailed in Clause 3. It is also our responsibility to manage all aspects of after sales service and any other issues associated with the order. We will track sales made to customers who purchase products or services using the Links from your Website to our Website and will publish such data to you in periodic reports. You must ensure the Links from your Website to our Website are correctly formatted at all times. As a participant in this program you must accept that we cannot be held responsible for the incorrect formatting of the Links on your Website and will not be liable to settle any referral fees that occur through such circumstances.
5. REFERRAL COMMISSION
5.1 In order for a referral to generate commission, the customer must first arrive on our Website from your Website via the integration detailed in Clause 3 and then purchase a product or service on our website, accept our specific terms of purchase and remit payment in full to www.hostingphotography.com.
5.2 Referral commission will be paid only when a customer enters www.hostingphotography.com and completes an order within a session. The session is defined as a period of time between when the customer enters our Website through the integration detailed in Clause 3 to (a) 45 days after the initial click through, (b) once the customer has made a purchase and (c) if the customer re-enters the site through another third party affiliate link.
5.3 Referral commission will be paid at 20% per sale. All commission will be paid in USD (United States Dollars). All plans, whether the plans are in USD or GBP (Great British Pounds) currency have will use the USD value, so 20% will be calculated on the USD value and not the GBP value.
5.4 The affiliate program is intended for commercial use only and you must not under any circumstances offer incentives, commissions or payment to any individual or business in return for making an order on our Website through the integration detailed in Clause 3. It is also forbidden to purchase products or services through this program that are intended for resale or commercial exploitation. Such actions may result in the withholding of referral fees and/or termination from the program.
6. REMITTANCE
6.1 Remittance will be paid on all orders processed on our Website that meet the provisions detailed in Clause 5 and following sub Clauses. The commission will be paid on the 1st of each calendar month and will contain remittance for the previously elapsed month at the rate specified in sub Clause 5.3.
6.2 Commission is only payable on accounts that are still active thirty (30) days after the initial order was placed.
6.3 If a refund is given on a sale that has previously generated a referral commission, we will deduct the corresponding fee from your next remittance. Should the funds be unavailable we will invoice you for the outstanding fee.
6.4 VAT invoices should not be sent by you for any outstanding commission.
6.5 It is your responsibility to ensure any taxes are paid on the remittance.
6.6 Payments shall be made by PayPal.
7. POLICIES
7.1 Customers who buy products or services from www.hostingphotography.com via the affiliate program are the responsibility of www.hostingphotography.com. As such all operating policies, customer service issues and warranties associated with an order are the responsibility of www.hostingphotography.com.
7.2 It is the sole discretion of www.hostingphotography.com to change any polices referred to in sub Clause 7.1 without warning or notice.
7.3 www.hostingphotography.com make every available effort to ensure product or service specifications, price and availability are accurate at the time of sale however we provide no guarantee that this provision will be met.
8. LICENCE AGREEMENT
8.1 www.hostingphotography.com grants you a non-exclusive, worldwide, royalty-free licence for the term of this program to utilise the integration detailed in Clause 3 for the purpose of generating referrals from your Website to our Website.
8.2 We have the right to terminate this licence at any time if we deem that the integration in Clause 3 is not been used in accordance with the Terms and Conditions of this agreement.
8.3 We reserve all rights to any other graphics, text, source code, trademarks, trade names, and all other intellectual property rights contained within but not limited to the www.hostingphotography.com Website.
9. TERM OF AGREEMENT
9.1 The term of this agreement will begin upon our acceptance for you to participate in the program and will end when terminated by either party.
9.2 Either you or www.hostingphotography.com have the right to terminate the agreement at any time upon issue of a written notice to the other party.
9.3 You are eligible to earn referral commission only on orders that were taken during the term of this agreement in conjunction with the provisions detailed in Clause 5. Should you decide to terminate the agreement you will receive remittance only on referrals that were not subsequently cancelled or returned.
9.4 On cancellation of the agreement we may hold remittance for a period of time that is necessary to calculate final payments.
9.5 Upon termination of the agreement by either party you must remove any Links, graphics, text and source code associated with the program.
10. LIMITATION OF LIABILITY
10.1 www.hostingphotography.com will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits or data in relation to your participation in this program.
10.2 In addition to sub Clause 10.1 our total liability with respect to this program will not exceed the total referral commission paid or payable to you under this Agreement at the time the event that gave rise to the liability took place.
10.3 Notwithstanding the previous paragraph , nothing within this Agreement will operate to exclude any liability for death or personal injury arising as a result of the negligence of either party, its employees or agents.
11. DISCLAIMERS
11.1 We make no warranties expressed or otherwise implied with respect to participation in this program or any other products or services sold through this program (including, without limitation, warranties of fitness or merchantability).
11.2 We do not guarantee uninterrupted availability of the www.hostingphotography.com Website and cannot provide any representation that using the Website will be error free.
12. YOUR WEBSITE
You hereby acknowledge that you are solely responsible for all materials that appear on your Website and accept that inclusion of any of the following material is prohibited:
12.1 any illegal material,
12.2 any obscene or sexually explicit material,
12.3 any violent, threatening or abusive material,
12.4 any material that may infringe the intellectual property of any third party,
12.5 any other material that www.hostingphotography.com may decide is not in the general interest of the program.
13. RELATIONSHIP OF PARTIES
13.1 The program defined in this agreement is intended to be carried out on the understanding that both parties are acting as independent contractors and there is no attempt to form any partnership, joint venture, agency, sales representative, or employment relationship in this agreement.
13.2 Further more neither party has the authority to create liability against the other party
14. MODIFICATION
www.hostingphotography.com reserve the right to alter the terms detailed within this Agreement at anytime without notice. By continuing to utilise the most up to date Links referred to in Clause 3 you will be deemed to have acknowledged and understood the current terms and conditions of the program. We strongly advise all participants in this program to regularly check the Terms and Conditions on our Website.
15. SEVERANCE
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
16. GOVERNING LAW AND JURISDICTION
This Agreement will be governed by the laws of England and both parties hereby agree to be bound exclusively by the jurisdiction of English law without reference to rules governing choice of laws.