Use of our servers constitutes acceptance and agreement to Drive 33’s Hosting TOS (Terms of Service) outlined below.
All the Drive 33 hosting accounts operate on a dedicated server resource that is solely for the use of our clients.
Terms of Service
- Service Rates: Subscriber acknowledges the nature of the service and the initial rates and charges which have been communicated to Subscriber. Subscriber is aware that Drive 33 may prospectively change the specified rates and charges.
- Service Contract Term: Our minimum hosting service contract is for a period of 6 months and is always dependant on payment being received in advance of such services being supplied.
- Payment: Establishment of this service is dependent upon receipt by Drive 33 of payment of the stated charges. Subsequent payments are due on the anniversary date of the agreed service contract or on the 1st January or 1st July if a biannual contract or in any other manner demanded. You agree to supply appropriate payment for the services received from Drive 33 in advance of the time period during which such services are provided. You agree that until and unless you notify Drive 33 of your desire to cancel any or all services received, those services will be billed on a recurring basis. The above applies to all accounts and services provided by Drive 33. All accounts and services provided by Drive 33 are subject to the current VAT tax rate as imposed by UK Customs and Excise which is currently 20%.
- Late Payments and Fees: Your payment is considered overdue if cleared payment is not received in accordance with our billing terms. You should contact
us immediately if you experience any difficulties submitting your payment on time to determine if we can offer a grace period. Service may be interrupted on accounts that reach 14 days past the due date. Service will be suspended on accounts that reach 30 days past the due date. Accounts not paid by 30 days past the due date may also be subject to a late payment fee; This is a charge to cover administrative costs which currently stands at 5% of the outstanding invoice. Service suspended for non-payment is subject to a £75.00 reconnection charge. Accounts not paid by 60 days past the due date will be terminated.
- Refunds: All payments to Drive 33 are non-refundable. This includes the one time setup fee and subsequent charges regardless of usage.
- Failure to Pay: Drive 33 may temporarily deny service or terminate this agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges. If we pass your account to a debt recovery agent any costs added by the agent
such as their service fees or any applicable court fees or similar may be added in addition to the late payment fees in this agreement.
- Account Cancellation: Requests for cancelling hosting accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to: Drive 33, Basepoint, Terminus Road, Chichester PO19 8TX or via e mail to email@example.com. You must provide all account information to cancel.
- Email: Drive 33 Hosting and Email services do not provide the Customer with Internet access, so the Customer will require a separate dialup or broadband service in order to access their Drive 33 hosted website or email service. The Drive 33 server provides the customer with both POP3 and IMAP email services. For avoidance of doubt, please note the following.
- POP3 stands for Post Office Protocol version 3. It was designed to support "offline" email processing. When you open your mailbox, new mail is moved from the email server and saved on your personal computer. While the emails not yet downloaded and deleted from the email sever, they can be viewed from any Internet connection.
- IMAP stands for Internet Message Access Protocol. It was designed to support "online" email processing. Email is stored long term on the email sever in any folders you wish, including Inbox, Sent Items and Deleted. Email in an IMAP account can always be viewed using any Internet connection or almost any email client, until it is permanently deleted by the user. The user also has the option to save the messages locally.
- Drive 33 does not guarantee faultless storage of emails, and will not be liable for any damage or loss, including loss of time, resulting from storage faults. Emails are only temporarily stored online for POP3 email accounts. Drive 33 will not be responsible for emails deleted automatically once the specified storage limit is reached.
- Drive 33 POP3 and IMAP email plans offer spam filtering and virus protection facilities. These features are to help the Customer protect themselves against unwanted viruses and junk email. Drive 33 does not guarantee protection against spam or viruses and recommends that Customers make use of other available protections such as anti-virus software and firewalls.
- Drive 33 recommends that the Customer uses email client software (i.e. an email program such as Outlook) which will download and store copies of the Customer’s email on their own computer and/or will enable the Customer to make hard copies of important emails.
- In line with our security and privacy policies, we do not keep records of customer's email passwords.
- Acknowledgements: Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Drive 33 and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the subscriber agrees that Drive 33 shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Drive 33. Subscriber further acknowledges that Drive 33 's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Drive 33 be liable for any special or consequential damages, loss or injury.
- Back-up Responsibility: Drive 33 keeps backup copies of websites stored on its servers for disaster recovery purposes. Nevertheless, availability and reliability of backups cannot be 100% guaranteed and we will not be responsible for loss of customer data. Customers are advised to make regular backups of the information they store on our servers.
- Support Boundaries: Drive 33 provides 24 x 7 email technical support to our subscribers. We limit our technical support to our area of expertise. Drive 33 does not offer technical support for application specific issues such as CGI programming, html, application usage or any other such issue. Drive 33 does not provide technical support for YOUR customers. We do not provide technical support for your machines or your networks.
- Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to Drive 33 will require a minimum of five (5) days to be set up and entered into our DNS servers. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Drive 33 on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
- Domain Name Registration: As a domain name registrar, Drive 33 can, upon accepting your application, register or renew a domain name.
- Domain Name Renewals: You will ensure that you provide accurate contact details for your domain name registration, and that you keep these up to date. Your email address is particularly important as this is where we will send domain renewal information. If you fail to keep your contact details up to date, you may not receive domain name renewal notices and associated invoices and your domain name may not be renewed. Drive 33 are not responsible for your failure to provide and maintain accurate and up to date contact details. Drive 33 will automatically renew your domains for you unless we receive your instructions to a) cancel a domain name or b) transfer a domain to another registrar 30 days prior to its renewal. Failure to inform us of your intent to cancel or transfer your domain name in sufficient time will result in the full term charges for that domain until the next expiration date. Failure to pay domain renewal invoices by the due date may result in suspension of service and possible loss of the domain as it is released back into the public domain.
Your password provides access to your account. It is your responsibility to keep your password secure; Drive 33 do not keep records or details of your passwords. In particular we do not keep records or details of email passwords.
Drive 33 intends to provide its customers access to everything the Internet has to offer. We support the uncensored flow of information and ideas over the Internet and do not actively monitor activity on our servers under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the service. However, if required, Drive 33 may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.