Web Design and Development, Creative Design, Printing, Exhibitions, Advertising - Creative Guru

Terms

Hosting Terms and Conditions

Use of Creative Guru Hosting Service constitutes acceptance and agreement to our TOS (Terms of Service). All service provisions are subject to the TOS (Terms of Service) of Creative Guru Hosting.
The TOS may be changed from time to time at the discretion of Creative Guru Hosting. The client understands that change to the TOS by Creative Guru Hosting shall not be grounds for non-payment.

Creative Guru Hosting agrees to provide the client with web hosting services for an annual fee.

Payment:

Establishment of this service is dependant upon receipt by Creative Guru Hosting of payment of all stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup ( normally yearly ).
Service may be interrupted on accounts that fall overdue. Creative Guru Hosting may, at its sole discretion, charge a fee of £15.00GBP to reinstate a suspended account. Non payment of hosting for a period of more than 90 days will lead to the service being terminated.
When payment is not received an email notification of termination of service will be sent allowing at least 24 hours to respond. After this period if we have not received payment or had notice from you that the due payment is in hand, your account will be suspended or terminated at the sole discretion of Creative Guru Hosting.
It is very important you keep your email address on file with us current by notifying us of email address changes via www.creativeguru.co.uk. Failure to keep us updated with your current email address may mean important communications don’t reach you, resulting in suspension or termination of your hosting account.
A service charge, equal to the charge incurred by Creative Guru Hosting, may be charged to you for each cheque or other form of payment that is returned to Creative Guru Hosting unpaid.

Intellectual Property Rights:

Material accessible to you through Creative Guru Hosting's Services may be subject to protection under United Kingdom (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Creative Guru Hosting Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Creative Guru Hosting Network. If you use a domain name in connection with the Creative Guru Hosting Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

SPAM and Unsolicited Email:

Creative Guru Hosting takes a zero tolerance approach to the sending of Unsolicited Email (SPAM). Very simply this means that Clients of Creative Guru Hosting may not use or permit others to use our service for sending SPAM Emails. Clients of Creative Guru Hosting may not host, or permit hosting of, sites or information that is advertised by SPAM from other services. Violations of this policy carry severe penalties, including termination of service.
If a customer is found to be in violation of our SPAM policy, Creative Guru Hosting may, at its sole discretion, restrict, suspend or terminate a customer's account. In addition, Creative Guru Hosting may impose a £100 penalty for each spam policy violation. Creative Guru Hosting solely reserves the right to refuse or cancel service to known spammers. Lastly, Creative Guru Hosting reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

"Catch All" Email Accounts:

Creative Guru Hosting does not allow the use of "catch all" email accounts. This is the practise of anything@yourdomain.com directing all mail to a single mailbox. This practice is out-of-date and causes extreme surges of spam, both for you and for the spam filtering servers. To use an email address you must login to your control panel and create the required mailbox, catch-all mailboxes are banned and if found will be removed without notice or your account disabled.

SpamExperts Spam Filtering Limits:

Some domain names may receive such a high volume of spam email that it will not be possible for us to provide SpamExperts filtering service to them, due to the extreme usage. While SpamExperts is a dedicated system for handling huge volumes of spam it does have limits. Should the amount of spam or number of mailboxes in use on a domain break what Creative Guru Hosting believes to be realistic limit thresholds for your hosting package then we will inform you that SpamExperts services will not be continued for your domain or an upgrade of package may be suggested. SpamAssassin will be supplied in replacement to SpamExperts.

Scripting, Applications and Background-running Programs:

We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. We provide a hosting service not a shell service. You are not allowed to compile and run software on our hosting servers.
You are free to use any scripts (such as php, cgi or perl) you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below.
Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, galleries, and banner exchanges. In the event a script affects normal server and/or administrative operations, Creative Guru Hosting reserves the right to disable the account pending client cooperation and resolution.
Scripts we do not allow include:
- Chat servers/scripts of any kind are strictly prohibited.
- Formmail scripts using the filename "formmail" are prohibited.
Formmail and contact forms are acceptable providing the script is not named "formmail" for its filename and providing that you maintain the latest version of the script and it remains secure and un-abused by spammers.
We do allow you to have ONE remote MySQL user if requested. The user must have a fixed, non changing, IP address for us to grant access to. You can request a remote MySQL user via our helpdesk.

Network Security:

Customers may not use the Creative Guru Hosting Network to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Creative Guru Hosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Support Boundaries:

Creative Guru Hosting provides technical support to its Clients where agreed / required - and is available during normal office hours via email. Our hosting facility provides us with excellent 24hr support where necessary.

Any additional work you may require from Creative Guru Hosting which does not fall within usual support boundaries is charged at a rate of £50 GBP per hour, in 30 minute increments. All charges will be discussed before work commences on a per incident basis. Examples of work beyond the boundaries of normal support include: site scripting problems, script installation, website design and development.

Cancellations:

Requests for cancellation must be submitted via email to info@creativeguru.co.uk. Your cancellation will be confirmed by Creative Guru Hosting.
Cancellation must be received 30 days or more before your next payment is due. Creative Guru Hosting will then stop all recurring payments due and you will NOT be billed again.
Changing a domains DNS to another provider or transferring a domain away from Creative Guru Hosting does not constitute a cancellation request. A cancellation request must be submitted to us and we will then confirm the cancellation date back to you.

Refunds and Disputes:

All payments to Creative Guru Hosting are non-refundable. This includes any setup fee and subsequent charges regardless of usage.
If you are paying annually for hosting services and cancel early before your 12 months of service is over, we will consider issuing a pro-rata refund for full unused months at time of cancellation subject to our discretion.
Creative Guru Hosting does not offer any kind of "money back guarantee" or "trial period".
All domain registration fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your term.

VAT and Payment Currency:

UK and EU clients will be billed in GBP (Pounds Sterling) and prices include VAT.
If you are a VAT registered business in another EU member state then you must supply your VAT registration number for VAT to be zero-rated. If your VAT registration number is not supplied or cannot be confirmed as valid then VAT at the UK rate will apply.

Product Pricing:

Creative Guru Hosting reserves the right to change the pricing of products and/or services at any time.

Invoicing:

Creative Guru Hosting normally provides paper invoices, however, PDF invoices may be sent via email.

Domain Name Expiry and Redemption Fee's:
Creative Guru Hosting is not liable for expiry or loss of your domain name.
Any domain names that we hold, will be renewed and invoiced unless you have cancelled or asked for the domain to be moved. It is your responsibility to pay the invoice or renewals will not be made. On the date a domain expires it will be deactivated by the registry, and no longer display your website. Once a domain is deactivated and expired you will have 30 days to contact us to renew the domain name at our regular renewal rates.
Redemption Period - After 30 days have passed since the expiry date of your domain, the domain is placed in its "redemption period" and to renew the domain at this stage will cost $250 USD (approx £179 GBP) +VAT. This is a cost charged by the registry and passed on to you by us. Redemption periods last between 30 and 60 days, and then the domain is released to the public so anyone can re-register your domain and you will lose it.

Domain Transfers:

Any domain name registered by Creative Guru Hosting (on your behalf) is yours to keep. You can transfer your domain name to a different registrar at any time once the domain is 90 days old - Newly registered domains do have a 90 day waiting period where they cannot be transferred from Creative Guru Hosting to a different registrar.
The same 90 day 'no transfer' window applies when an expired domain is renewed or restored after being in the registry redemption period. Once 90 days have passed from renewing such domains they are then free to be transferred again.

Abuse:

Any attempts to undermine, slander, libel, threaten, or cause harm to a Creative Guru Hosting server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Refusal of Service:

Creative Guru Hosting reserves the right at its sole discretion to refuse or cancel service. Violation of any of Creative Guru Hosting's TOS could result in a warning, suspension, or account termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy violations will not be released to the customer.

Information Disclosure Policy:

Creative Guru Hosting will not otherwise disclose its customers' personal and account information unless Creative Guru Hosting has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of Creative Guru Hosting, Creative Guru Hosting' customers, or others, or where Creative Guru Hosting has a good faith belief that the law requires such disclosure.
Creative Guru Hosting also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail, electronic communications, or other electronic data that Creative Guru Hosting stores or transmits for its customers. The circumstances under which Creative Guru Hosting will disclose such electronic customer communications or data are when:
- it is necessary in order to provide service to the customer
- it is necessary to protect the legitimate interests of Creative Guru Hosting and its customers
- it is required to cooperate with dispute policies, court orders, warrants, or other legal processes that Creative Guru Hosting determines in its sole discretion to be valid and enforceable
- it is necessary to provide to a law enforcement agency when the contents appear to pertain to the commission of a crime

It is the policy of Creative Guru Hosting to not disclose any personal information or account data to third parties without prior consent of the individual unless instructed to do so by a court of law or other legal warrant/document.
Creative Guru Hosting will in the normal course of its business collect personal information from clients and prospective clients, for the purposes of billing, customer service, provision of information, as well as other legitimate business reasons. This information may be stored in a number of ways including electronic and paper formats.

We may also store information about you using cookies which we can later access when you visit our websites at a later date. If you want to delete any cookies that are already on your computer, please refer to your system administrator who will be able to help you locate and remove these cookies. If you want to stop cookies being stored on your computer in future, please refer to your browser manufacturer's instructions by clicking "Help" in your browser menu. Please note that taking either of these measures may prevent you accessing features offered from our sites.
As with most websites, when you visit one of our sites, we will log your IP address and time of access which may be used later for research or fault investigation processes.

Indemnification:

Customer agrees that it shall defend, indemnify, save and hold Creative Guru Hosting (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Creative Guru Hosting, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Creative Guru Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Creative Guru Hosting server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Creative Guru Hosting to the amount paid for service.

Disclaimer:

Creative Guru Hosting will not be responsible for any damages your business may suffer. Creative Guru Hosting makes no warranties of any kind, expressed or implied for services we provide. Creative Guru Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Creative Guru Hosting and its employees. Creative Guru Hosting makes no "uptime" guarantees. The Client agrees that Creative Guru Hosting shall not be liable for any damages as a result of loss of hosting services or hosted data. The Client further acknowledges that Creative Guru Hosting's liability for its own negligence is zero, and Creative Guru Hosting may not be held responsible. Liability or Damages in any event may not exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall Creative Guru Hosting be liable for any special or consequential damages, loss of revenue or injury.
Creative Guru Hosting can accept no responsibility for any loss of data or consequences arising from this. Creative Guru Hosting always advises clients to back up their site data regularly for their own protection. Creative Guru Hosting does not guarantee its own backups of customer data and is not liable for any loss of data, loss of backups or inability to restore service after implementing its disaster recovery plan.

This agreement is made between the customer and Creative Guru Hosting. Creative Guru Hosting will only be able to communicate with regards to the account with the registered customer and not a third-party.
Finally, Creative Guru Hosting wishes to emphasize that in accepting services, customers indemnify Creative Guru Hosting for the violation of any law or Creative Guru Hosting policy that results in loss to Creative Guru Hosting or the bringing of any claim against Creative Guru Hosting. This means that if Creative Guru Hosting is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Creative Guru Hosting, plus costs and reasonable legal fees.

Failure to comply with any of our terms of service will result in grounds for immediate account deactivation or removal.