http://www.iuvodesign.com (the ‘Website’) may only be used for lawful purposes. This includes, without limitation, material resources protected by copyright, trademark, trade secret or intellectual property right used without proper authorization.
The content is for general information and is not intended to address individual requirements. In particular, the content does not constitute any form of advice, recommendation or arrangement by IUVO Design LTD and is not intended to be relied upon.
All reasonable attempts are made to ensure the accuracy of information provided. However, IUVO Design LTD will not be held responsible for the accuracy of the information found on the Website. IUVO Design LTD makes no expressed or implied warranty as to the accuracy of content or programming.
IUVO Design LTD reserves the right, at its discretion, to modify any part of the Website. Due to our policy of continual improvement, IUVO Design LTD may wish to change these Terms (including those relating to your use of the content). If terms are changed, IUVO Design LTD will notify those changes on the Website. If you use the Website and IUVO Design LTD has published changes, you are agreeing to be bound by those changes.
Pages and third-party websites which we provide links to are for information only, they have not been reviewed by IUVO Design LTD. IUVO Design LTD has no responsibility for the content of websites or pages linked or linking to this Website and IUVO Design LTD accepts no responsibility or liability for any losses or penalties whatsoever that might be incurred as a result of linking to any location on any linked websites or pages.
Links do not imply that IUVO Design LTD endorses or is associated with, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website or page is authorised to use any trademark, trade name, logo or copyright symbol of IUVO Design LTD.
All images, text, and other resources found on this Website belong to IUVO Design LTD and respective owners of other Logo’s and are protected by copyright laws. You may retrieve and display content from the Website on a computer screen, print individual pages on paper and store such pages in electronic form on disk (but not on a device which is accessible from a public network) for your personal, non-commercial use. Any commercial use of the images, text, programs or other materials found on the Website is strictly prohibited, without the express written consent of IUVO Design LTD.
You acknowledge that the name “IUVO Design LTD”, the IUVO Design LTD symbol are IUVO Design LTD trademarks and that you may not use them without written permission from IUVO Design LTD.
Certain areas of the Website allow for the exchange of information between you, and IUVO Design LTD and you implicitly grant IUVO Design LTD the authority and right to use that content in accordance with IUVO Design LTD’s Privacy Policy
In no event will IUVO Design LTD be liable to you for any direct, special, indirect, consequential, incidental damages or any damages of any kind even if IUVO Design LTD has been advised of the possibility thereof. (Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so the limitation or exclusion may not apply to you.)
The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website.
iUVO Design LTD does not represent that any of the materials or information at the Website are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so by their own initiative and are responsible for compliance with applicable laws and regulations. Legal advice should be sought in cases of doubt.
The terms and conditions are governed by and shall be construed in accordance with the laws of England and Wales.
The Web Hosting General Terms and Conditions Agreement ("Agreement") governs the terms of use of the web hosting service ("Service") described on this website ("http://www.iuvodesign.com") for use by Customers ("Customer") offered by iUVO Design LTD ("Provider"). The Agreement is made between Customer and Provider whenever Service is requested or ordered by Customer. The Agreement is maintained independently of any other agreement between Provider and Customer, even if Provider and Customer are engaged in other Service Agreements or arrangements such as professional services, software development, or web development.
Definitions
Web Hosting. An Internet web hosting service rendered by Provider that includes the installation, maintenance, repair, and the 24 hour Internet connection of one or more shared or physical computers for use by Customer.
Network Transfer. A finite amount of Provider’s network transfer (bandwidth) capability for use by Customer using the Services requested by Customer.
Technical Support. Technical phone and electronic support is provided only to Customer’s authorized Contacts ("Contacts") as listed within Customer’s AccountCenter. Technical Support does not include computer training, software training, or any other general technical or Internet training.
Hosting Resource Utilisation : GPU. A GPU is a measurement derived from the CPU time required by every single hit/request made to your (gs) Grid-Service. This includes your web server activity, programs, scripts all associated parent and child processes across all nodes within the system. 1 GPU = 7.24% of 1 CPU for 1 hour. Current GPU allocations are available upon request.
Hosting Resource Utilisation : MySQL. A amount of Provider’s MySQL Server resources for use by application and MySQL code Customer is running inside their (gs) Grid-Service. MySQL Server does not provide a facility to measure individual resource Utilisation in a shared resource environment. Depending on customer Utilisation iUVO Design LTD Media Temple, may place Customer into a MySQL Container at it’s discretion. Current MySQL resource allocations and MySQL Container pricing is available upon request.
Fees
Setup fee. Customer agrees to pay in full the amount of any non-recurring one-time setup fees listed in the Service description prior to any server provisioning, equipment acquisition or installation by Provider.
Recurring fee. Customer agrees to pay any recurring fees listed in the Service description one term in advance each anniversary date.
Domain Registration. New customers may receive a discounted rate for their first domain registration when activating new hosting service. If hosting service is cancelled and customer wishes to retain domain registration service only, customer is required to pay full recurring price for individual domain registration service.
Network Transfer overage fee. Should Customer exceed the total amount of combined network transfer as described in the Service description, Customer agrees that overage fees will apply and be due immediately. Current pricing for bandwidth overage fees are maintained are available on request.
Additional Resource Utilisation fees. Should Customer exceed the total amount of included hosting resource Utilisation as described in Service Definitions. Customer agrees that overage fees will apply and be due immediately. Current pricing for additional resource Utilisation is resource specific and maintained in the AccountCenter and are available upon request.
Term. This Agreement shall be effective as long as Customer or Customer’s contacts continue to use Provider’s Service. Customer shall pay any applicable federal, state or local use, franchise, excise, sales or privilege taxes, duties, fees or similar liabilities chargeable to or against Provider resulting from the services furnished by Provider.
Acceptable Use . Customer’s use of Provider’s services is further governed by the Provider’s Web Hosting “Acceptable Usage Policy” ("AUP") which promotes safe computing practices. Provider may at its sole discretion change, update and revise the AUP. Notice of change will be sent to the primary email address contacts in Provider’s Customer database. Notification will not be delivered by phone or US Mail.
Account Ownership
Account Owner. The highest authority of a single specific Account is the Account Owner. Individual Services that are associated with an Account, are controlled by the Account and its Account Owner. The Account Owner is established at the time the Account is created. The details of an Account Owner must be that of a real person. It is not permitted to use fictious or “fake” names for the details of an Account Owner. Accounts containing fictious or “fake” names, and contact details that do not reflect the details of a real person may be suspended or terminated without notice.
Transfer. The Account Owner role can be transferred only to an existing Contact on an Account and only with the permission of the current Account Owner. If the Account ownership role is transferred to another Contact, the previous Account Owner is no longer privileged beyond the basic privileges of their new role.
Term
Money Back Guarantee. Details of the “Money back guarantee program” are available upon request.
Cancellation. Security measures have been put in place to insure the safe cancellation of all customer related services. In the event that a Service or Account needs to be closed, customers may contact the cancellation desk by phone (+44(0)845 299 8 211) Monday - Thursday 9:00am - 5:00pm. An email confirmation system will be used in conjunction with the AccountCenter to insure that cancellations are legitimate. Requests to close by FAX, or email are not accepted.
Other
Compliance with Law. Customer will use the Services offered by Provider in a manner consistent with all applicable local, state and federal laws and regulations.
Common Carrier. Provider and Customer agree that Provider is solely acting as a common carrier in its capacity of providing services hereunder, is not a publisher of any material or information and has no right to edit or censor the material at the Servers in use by the Customer. Provider is not responsible nor pre-approves any of Customer’s website content. All material submitted by Customer for publication will be considered publicly accessible. Provider does not screen in advance Customer’s material submitted to Provider for publication. Provider’s publication of material submitted by Customer does not create any express or implied approval by Provider of such material, nor does it indicate that such material complies with the terms of this Agreement.
Availability of service. Customer understands and agrees that interruptions of Web Hosting Services may occur due to scheduled maintenance and repair by Provider, or by strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts , power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other causes beyond Provider’s control, as defined by standard practices in the industry. Customer agrees that under no circumstances will Provider be held liable for any financial or other damages due to such interruptions. In no event shall Provider be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services. Such failure or delay shall not constitute a default under this Agreement.
Limitation/Disclaimer of Liability. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or services its customers may utilize.
DISCLAIMER OF WARRANTIES. PROVIDER’S SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER’S SERVICE TO CUSTOMER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CUSTOMER TO PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
Indemnity. (a) Customer agrees to defend, indemnify and hold Provider harmless from and against any and all claims, obligations, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) incurred by Provider arising from or due to claims made by third parties (including customers of Customer) that are related to or arising out of: (a) false advertising claims against Customer (or customers of Customer), (b) liability claims for products or services sold by Customer (or Customer’s customers) any other transactions between Customer and third parties, or (c) any content submitted by Customer for publication by Provider. The preceding sentence excludes any third party claims due to the negligence of Provider in connection with providing products or services to Customer under this Agreement.
(b) Provider agrees to defend, indemnify and hold Customer harmless from and against any and all claims, losses, liabilities and expenses (including reasonable attorneys’ fees and costs ) incurred by Customer arising from or due to claims made by third parties (including customers of Customer) relating to (a) claims alleging Provider’s infringement of the proprietary rights of third parties; or (b) Provider’s contractual relationship with any third party providers of services or products to Provider in connection with the services and products provided under this Agreement. The preceding sentence excludes any third party claims due to the negligence of Customer in connection with the transactions contemplated by this Agreement.
Force Majeure. Provider shall not be liable to Customer or any other person, firm or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts , power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the United States government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.
Liability of Customer. Any mistakes, accidents, omissions, interruptions, delays, errors or defects in transmission or Service which are caused or contributed to, directly or indirectly, by an act or omission of the Customer or by the use of Customer-provided facilities or equipment, or by the use of facilities or equipment furnished by any other person using Customer’s facilities which are connected to Provider’s facilities, shall not result in the imposition of any liability upon Provider and Customer shall pay to Provider any reasonable costs, expenses, damages, fees or penalties incurred by Provider as a result thereof, including costs of local exchange company, labor and materials.
Nondisclosure. Provider and Customer shall use their best efforts to keep the provisions (including price) of the Agreement from the public, competitors, or others who may gain benefit from such knowledge unless required by law to divulge such information to regulatory authorities or unless required in connection with enforcing that party’s rights hereunder.
Governing Law/Venue. This Agreement shall be governed by the laws of the State of California. Venue for any action hereunder shall be in Los Angeles County, California.
Relationship of the Parties. The parties intend that an independent contractor relationship will be created by this Agreement, and that no additional partnership, joint venture or employee/employer relationship is intended – unless otherwise specific in a special agreement.
Taxes. If any federal, state or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by Provider to Customer under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Provider may pass the direct amount of such cost on to Customer, and Customer shall promptly pay such cost.
Waiver. Any party’s failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
Attorneys’ Fees. If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys’ fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys’ fees and costs that the prevailing party incurred prior to commencing the proceeding.
Notices. Any notice under this Agreement may be e-mailed, delivered personally or mailed by registered mail to the addresses written below, or to such other places as the parties may designate in writing.
Data Back-up. Customer is responsible for independent backup of data stored on Provider’s servers; unless the Customer’s Web Hosting Service Order includes backup services in which case data backup will be performed under the terms of the specific data backup plan chosen by Customer.
Domain Names.Throughout the course of service rendered to Customer by Provider, Customer will remain the full owner and controlling entity for the Customer’s established domain name. Registration and modification of domain name status, including name server location is handled by independent domain name registrars.
Hosting Plan 2
The following terms of agreement are presented to you as a condition of your acceptance of iUVO service provision. Acceptance of iUVO Design LTD services and utilities constitutes an agreement between the provider, iUVO Design LTD, and its customer to adhere to the following terms and conditions. The date and time of acceptance will be recorded at time of service provision. Any changes to these terms and conditions from time to time will be notified via electronic mail to the applicant.
All payment is in advance. All advice of payment will be via electronic medium, no paper invoicing will be provided unless by special request whereupon a charge will be levied. iUVO will revoke service provision without notice, if payment is not received within 14 days of the account due payment date. This will vary depending on whether the account is monthly, or yearly pre-paid. An administration charge of £50 will be levied to re-instate any account revoked because of non-payment. Unpaid accounts may be deleted after 90 days of continuous non-payment.
Money transfers, either Credit or debit card, Cheque or International money transfer will be converted into the sterling equivalents using the internationally regulated and agreed published rates at date of billing. No liability is assumed by iUVO Design LTD in relation to any loss arising on the Customer as a result of the chosen mode of payment.
Non-delivery or non-performance of services by any third party other than iUVO Design LTD’s sub-contractors shall not give the Customer any right to delay any payment to iUVO Design LTD or to make any claim whatsoever against iUVO Design LTD. Should iUVO Design LTD be unable to provide service we shall refund the payments made by the customer in respect of the account, no liability is assumed by iUVO Design LTD in respect of any consequential loss (including loss of profits) whether direct, indirect or otherwise arising as a result of a failure of service.
In the event of dissatisfaction with service levels the Customer should e-mail the billing department on studio’AT’iuvodesign.com or phone 0845 299 8 211 up to and on the 30th day of service, customers can seek refund of all service charges levied during the period. This does not include digital certificate or domain name registration charges; design work; IT support; domain names, once ordered, cannot be cancelled and must be paid for in full. Normal cancellation of accounts beyond this period must be notified to iUVO Design LTD providing one month’s written notice via e-mail. No refunds for pre-paid service periods are given.
iUVO reserves the right to suspend service, without notice in the event that the conditions for acceptable and appropriate use are not met. iUVO Design LTD will provide a written closure notice in these circumstances. All monies will be refunded for the unit period paid on a pro-rata basis. iUVO Design LTD will not, in any event, be liable for any consequential loss (including loss of profits) whether direct, indirect or otherwise arising as a result of any suspension of service by iUVO Design LTD.
Nothing under these terms and conditions limits iUVO Design LTD’s liability for any fraudulent statement or for personal injury or death caused by iUVO Design LTD’s negligence. However, the Customer acknowledges and takes notice that the services are not appropriate for use in circumstances where personal injury or death could arise from reliance on the services whether or not iUVO Design LTD is negligent and that it should satisfy itself as to the veracity of any statements made by iUVO Design LTD or on iUVO Design LTD’s behalf.
The entire liability of iUVO Design LTD and the Customer’s sole and exclusive remedy, arising in respect of any tort, breach of duty (statutory or otherwise) or breach of this agreement by iUVO Design LTD (and whether or not by iUVO Design LTD’s negligence) is limited to the fee paid for the service or services in respect of which the alleged tort or breach has arisen in the period of 12 months preceding the event giving rise to the liability.
In no event will iUVO Design LTD be liable to the Customer for any indirect or consequential loss or damage whatever (including, without prejudice to the generality of the foregoing, loss of business, loss of opportunity, loss of profits).
Even if iUVO Design LTD has been advised of the possibility of such loss or damage such advice shall not constitute the loss or damage if it arises as direct loss or damage.
Any liability of iUVO Design LTD whatever arising under these terms or otherwise in respect of the service or any product shall be deemed to end 12 months after the date on which the Customer became aware or ought reasonably to have become aware of the event giving rise to the liability. For the avoidance of doubt, the Customer acknowledges and agrees that no claims or actions by the Customer can be validly made after the expiry of 12 months following such date.
iUVO accepts no liability for any loss of revenue or business whether new or existing as a result of using iUVO Design LTD’s services. All parties agree to use iUVO Design LTD’s services and utilities without any avenue of pursuing monetary recompense beyond any account refund’s due. Account holders must understand the inherent insecurity of the global Internet as a business medium and must consider the impact on any on-line business ventures. iUVO Design LTD are happy to discuss secure solutions and technologies.
iUVO Design LTD has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this website: http://www.iuvodesign.com
We use your IP address to help diagnose problems with our servers, and to administer our Web site. Your IP address is used to help identify you and your order. Our site uses an order form for customers to request information, products, and services. We collect visitor’s contact information (like their email address) and financial information (like their account or credit card numbers). Contact information from the order form is used to process orders. Financial information that is collected is used to bill the user for products and services. All credit card details are transferred to an off-line system for processing thereby reducing the risks associated with on-line fraud.
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. These include: Firewall technologies, Secure Certificates, SSL and Disk backups. Please contact us If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact studio’AT’iuvodesign.com. However, no warranty is given by iUVO Design LTD as to the efficiency of such security measures.
iUVO Design LTD shall retain the right at all times to refuse to host any material and to suspend availability of the Website and/or to remove any material already appearing on the Website which in the opinion of iUVO Design LTD constitutes or would if posted constitute inappropriate material or harm or would if posted harm the reputation of iUVO Design LTD in any way.
The Customer undertakes to indemnify and keep indemnified iUVO Design LTD against any and all costs, claims, losses, damages or liability (civil or criminal) and expenses sustained by iUVO Design LTD as a result of any breach by the Customer of any of the Acceptable and Appropriate Use Policies.
Account holders must not in any circumstance breach the following policies, unless authorised to do so by iUVO Design LTD. If iUVO Design LTD or its partners find an account in breach of these policies said account will be revoked and/or terminated:
Customers should keep secure from third parties any passwords issued by iUVO Design LTD in connection with their account.
- The Customer undertakes to fully virus-check all data supplied to iUVO Design LTD’s platforms.
- The Customer undertakes not to link to any inappropriate material from its Website. No developing or testing potentially hazardous Perl, Active Server Page, Internet Database Connector or Cold Fusion scripted systems on the iUVO Design LTD platforms.
- Customers should not make attempts to traverse to any server area other than that occupied and allocated to them by iUVO Design LTD
- Customers should not execute any server side code, either binary, DLL or executable in nature without iUVO Design LTD authorisation.
- Customers should not attempt to enter any account or system databases not wholly owned by yourself.
- Customers should not attempts to “hack” or enter extraneous or peripheral computing systems from an iUVO Design LTD platform.
- Customers should not exceed network traffic quotas above the pre-agreed account allocation (see table of services). If excess traffic levels are required or anticipated pre-authorisation from iUVO Design LTD should be sought.
- Customers should not exceed system resources beyond the acceptable shared boundaries. Acceptable boundaries being the sole utilsation of system processor/s, memory or onboard systems at consistently high levels.
- Spam or Junk e-mail either by bulk or individual broadcast shall not be allowed to be generated from any iUVO Design LTD system. This includes un-solicited advertisement type e-mail.
- Customers should not make use of server TCP or UDP ports other than those presenting iUVO Design LTD services as detailed in the service table (e.g. Http, Https, FTP, SMTP/POP etc).
- Use of the following Cold Fusion tags is initially restricted; CFContent, CFDirectory, CFFile, CFObject, CFRegistry, CFAdminSecurity & CFExecute. If you require access to these tags please contact iUVO Design LTD directly.
- Customers should not submit Cold Fusion scheduled tasks unless agreed by iUVO Design LTD.
- Use of Common Object Module’s beyond those available in the core IIS system is prohibited.
- No adult content may be served from or reside on any iUVO Design LTD platform.
- MP3 or other copyrighted material cannot be served from or reside on any iUVO Design LTD platform unless explicit authority exists from the Copyright owner.
- Viruses and variants, including dis-infectant programs cannot be served from or reside on any iUVO Design LTD platform unless explicit authority exists from iUVO Design LTD.
(a) iUVO may terminate this Agreement by notice in writing to the Customer having immediate effect if:
(i) the Customer is in breach of any of its obligations under these terms and conditions;
(ii) the Customer is a company and a resolution is passed for its winding up or a petition for its liquidation is presented; or
(iii) the Customer is an individual and a petition for bankruptcy is presented against it; or
(iv) a receiver or liquidator (where the Customer is a company) or (where the Customer is an individual) a trustee in bankruptcy is appointed over it or any of its assets; or
(v) the Customer proposes or enters into any arrangement or composition with or for its creditors (including any voluntary arrangement).
(b) In the event that any of the circumstances identified in clause (a) arises, iUVO Design LTD shall have the option to terminate this Agreement as regards all Services provided or to be provided or only as regards that Service or those Services in respect of which the breach is considered by iUVO Design LTD to have been committed; and
(c) In the event that any of the circumstances identified in clause (a) arises, iUVO Design LTD shall be entitled to retain any sums paid to it by the Customer hereunder and recover any sums due to it pursuant hereto whether invoiced or not at the date of termination.
(d) Either party may terminate this Agreement on one month’s written notice served in accordance with the cancellation policy
iUVO Design Ltd and its services are bound by English law. All applicable International laws should be abided by when serving content and or services to the international community. For instance, exporting encryption munitions to countries not party to the original encryption agreement could lead to you, the account holder being prosecuted under international law.
Account: customers and clients of iUVO Design LTD who have completed the on-line provision of service request forms.
Customer: defined as the person or persons who completed the original on-line service application.
On/Off - Line: On-line meaning information presented to the global internet community. Off-line meaning unavailable to the global internet community.
Provider: iUVO Design Ltd and its subsidiaries. iUVO Design LTD is a trading name of iUVO Design Ltd.
Revocation/Revoked: Account temporarily disabled from use pending investigation by iUVO Design LTD.
Termination: Account termination is the cessation of all iUVO Design LTD services and utilities. Data held on iUVO Design LTD systems will be deleted beyond recovery.
