Terms & Conditions
- About ClearVector
- This website (www.clearvector.net) is owned and operated by ClearVector Ltd, also refered to in this document as "we", "us" or "our". Our trading address is ClearVector Ltd, 52 St Brannocks Road, Ilfracombe, Devon, EX34 8EQ. We are registered in England and Wales, company number 698 4536. Our VAT number is 976 0103 27
- Ordering
- By ordering any product or service through the ClearVector website, you warrant that:
- You are legally capable of entering into binding contracts.
- You are at least 18 years old.
- If you are acting on behalf of a company or other business, you warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.
- You can only order through the ClearVector website once you have set up an account with us and are logged in.
- Prices & Payment
- We do not have to supply goods or services at the price advertised, if you order an item that has been listed with an incorrect price, your order will be put on hold and we will contact you with the correct price. You will then have the option of continuing the order at the correct price, or cancelling the order.
- Payments are made through the paypal system, the ClearVector site does not receive any credit card, debit card or bank details, these are all handled by paypal's servers. Therefore in the unlikely event that your paypal account, payment card or bank account is fraudulently charged or compromised, ClearVector is in no way liable or responsible, and all queries must be taken up with paypal.
- Your ClearVector Account
- For security reasons we do not have, nor can we obtain your account password. All account passwords are stored in encrypted format. It is your responsibility to look after your account details and we can not be held responsible if you account is compromised.
- If you suspect someone else may have access to your account you must contact us immediately.
- We reserve the right to block and/or disable your account if we have reason to believe any of the information supplied by you is false or inaccurate.
- Hosting
- ClearVector is a reseller for Heart Internet - a mutli-award winning UK based hosting company. We buy hosting from Heart Internet in bulk, and pass the savings on to our users, meaning we sell heart's top quaity hosting at a cheaper price.
- Only the webservers are owned and operated by Heart Internet, the ClearVector control panel was created by us, and is maintained by us.
- We also deal with all the support for our hosting our selves, be it through email, phone or support tickets.
- We do not make backups of your data, it is your respnsibility to ensure you data is backed up, and we accept no liability for loss of data.
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Unlimited Bandwidth
- If you have a hosting package with unlimited bandwidth, you bandwidth will be completely unrestricted for "non-file-distribution" use, ie: web pages.
- Distibution of non-webpage files such as videos, audio and other files may be restricted to 25 gigabytes per calendar month. If this restriction is imposed, it will only last until the end of the current month, and normal webpage banwidth will not be restricted.
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Prohibited uses
- You may use our Hosting Services only for lawful purposes. You may not use the Hosting Services:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (also known as SPAM).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- In your use of our Hosting Services, you may not:
- Use more than 5% of our server's processing capacity. There are numerous activities that could cause such problems, including (but not limited to) CGI scripts and intensive FTP, PHP or HTTP operations;
- Run stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCd;
- Run any type of web spider or indexer; including (but not limited to) GoogleCash and AdSpy;
- Run any software that interfaces with an Internet Relay Chat network.
- Run any bit torrent application, tracker, or client. You may link to legal torrent files off-site, but may not host or store them on our servers;
- Participate in any file-sharing/peer-to-peer activities;
- Run any gaming servers.
- run cron entries or other scheduled tasks other than by configuring them through our control panel.
- You must not use the Hosting Services as an offsite backup facility. Therefore, all files uploaded to our servers as part of your usage of the Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to operate the website of which they form part; We reserve the right to delete files or directories that are not web-visible without giving notice to you.
- All pages of website stored on our servers as part of the Hosting Services will be available to search engines unless you take action to prevent this. If you wish to optimise your web pages for search engines you agree to use coding and techniques which comply fully with the guidelines issued by Google, MSN, Yahoo and other large search engines.
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Content Standards
- These content standards apply to any and all material that you allow to be hosted through the Hosting Services ("Material"), and to any interactive services associated with it.
- You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Material as well as to its whole.
- Material must be accurate (where they state facts) and Comply with applicable law in the UK and in any country from which they are posted.
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Material must not:
- Contain any material which is defamatory of any person;
- Contain any material which is obscene, offensive, hateful or inflammatory;
- Contain any material that is pornographic;
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Infringe any copyright, database right or trade mark of any other person;
- Be likely to deceive any person;
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- Promote any illegal activity;
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
- Be likely to harass, upset, embarrass, alarm or annoy any other person;
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- Give the impression that they emanate from us, if this is not the case;
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
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Suspension and termination
- We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Hosting Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.
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Failure to comply with our acceptable use policy constitutes a material breach of the our terms and conditions of sale upon which you are permitted to use the Hosting Services, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use the Hosting Services;
- Immediate, temporary or permanent removal of any Material uploaded to our servers;
- Issue of a warning to you;
- Issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- Further legal action against you;
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
- We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.
- We will endeavour to procure the registration of the domain name you request;
- We will not be liable in the event that the relevant domain name registry refuses to register the domain name you request, or subsequently suspends or revokes any registration for that domain name;
- We shall not act as your agent or on your behalf in any dealings with domain name registry;
- The registration of the domain name you request and its ongoing use is subject to the relevant domain name registry's terms and conditions of use.
- you confirm and warrant that you are the owner of any trade mark in any domain name (or have the authority of the owner of any trade mark to use such name) that you have requested be registered.
- You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you, or otherwise authorised by you, for use as a domain name in connection with any website in relation to which the Hosting Service supplied to you is used.
- Our hosting packages, domains, and application subscriptions are billed anually, you will be reminded by email 30 days before the renewal date that your service is due for renewal.
- If you have not renewed or cancelled a service with is due for renewal in 10 days you will be reminded again, either by phone, letter or email.
- Any services due for renewal will also diplay a persistant reminder in the ClearVector control panel until the service has been renewed or cancelled.
- You may renew or cancel your services from 30 days before the renewal date up to the renewal date.
- To ensure uninterupted services, if you do not either renew or cancel the service before the renewal date, the service will automatically be renewed and you will be invoiced for the full ammount.
- Domain names are automatically renewed 7 days before their expiry date to ensure un-intetrupted service. We will remind you of an upcomming domain renewal at 30 days and 7 days before this date, meaning you still have the full 30 days notice period.
- You may cancel you hosting service at any time for any reason by:
- Phone - provided you are able to answer some security questions.
- Email - provided the email comes from the email address registered to your ClearVector account.
- Support ticket from your ClearVector account.
- On cancelation of a hosting package you will recieve a refund for any unused months.
- This will not affect your statutory rights.
- Domain names cannot be cancelled as you are the legal owner, you may however transer control of your domain name to a different company.
- Our software subscriptions have their own cancellation policies, detailed in their own terms and conditions.
- The following applies if you are purchasing goods or services from ClearVector for or on behalf of a business.
- If an invoice is outstanding for more than 30 days, interest will be charged at a rate of 8% above base rate in accordace with the 'Late Payment of Commercial Debts (Interest) Act 1998'.
- If an invoice is overdue for more than 90 days, it will be taken to the small claims court, where if judgement is awarded in our favour, you will be requried to pay the full invoice amount, plus interest, plus our legal fees.
- Information we may collect from you
- Any data you enter on any forms on the ClearVector website inlcuding, but not limited to, the join, contact, quote, news comment and search forms.
- Any information entered in any part of the control panel.
- If you contact us letter or email, we may keep a record of that correspondence
- Details of your visits to our site including, but not limited to, traffic data, location data, visit path and duration are stored by Google as part of their analytics package.
- We do not collect any payment information such as card detail, as these are processed by PayPal, and subsequently ClearVector never has access to this information.
- How we store any collected data
- All data we collect is stored securely on our websevers and backed up on our local computers.
- Unfortunately, the transmission of information via the Internet can never be completely secure. Therefore we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk.
- Disclosure of your information
- ClearVector will NEVER divulge your personal information to third parties unless requried to by law.
- Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers 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.
- We do not monitor and will not have any liability for your Material or any other communication you transmit, or allow to be transmitted, by virtue of the Hosting Services.
- Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider and no guarantee or representation is given that the Hosting Services will be free from hackers or unauthorised users. You shall be liable for the content of any emails transmitted by virtue of the Hosting Services, for any material you upload to, or allow to be uploaded to, our servers and for ensuring compliance at all times with all relevant legislation (including, but not limited to the Data Protection Act 1998 and all other privacy laws, regulations and guidance notes made or issued thereunder).
- All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.
- We do not exclude or limit in any way our liability:
- for death or personal injury caused by our negligence;
- under section 2(3) of the Consumer Protection Act 1987;
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of goodwill;
- loss of software or data;
- wasted expenditure (such as pay per click advertising costs); or
- wasted management or office time.
- We have the right to revise and amend these terms and conditions and our privacy policy from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
- Any changes we may make to our Terms and Conditions and/or Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.
- You will be subject to the policies and terms and conditions in force at the time that you ordered services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Acceptance Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven (7) working days of receipt by you of the Acceptance Confirmation).
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