Amplify's Terms and Conditions of service.
Website Terms and Conditions
It should be assumed that everything you see or read or download on this site, including all content and digital materials, is copyrighted. Unless otherwise noted, it may not be used in any form without the written permission of Amplify (Project Amplify Limited).
This means that you may not: "distribute" any of the Content to others without the express written permission of Project Amplify Limited; "mirror" or "include" any of the Content on your own server or documents without the written permission of Project Amplify Limited; "modify" or "reuse" any of the Content on this site.
Third Party Sites
This website may contain links to third party sites. Amplify is not responsible for the condition or the content of those sites as they are not under our control. You access those sites and use their products and services solely on your own risk.
If you use the links on external websites to arrive at Amplify, please be aware that the linked sites are not under the control of Amplify and we do not endorse their contents.
Trademarks and Logos
The use of a trademark on this site is not intended to indicate any association with or endorsement by the owner of that trademark.
No Warranties or Liabilities
Your use of and browsing in this site are at your own risk. Amplify will not be held liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, this site.
Amplify also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, you computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any Content from this site.
Web Services Terms and Conditions
Under no circumstances will Amplify be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of their services or software. The Client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software failure.
Extent of Work
Installation on the Internet is limited to the uploading of all necessary files and databases to the hosting facility, and testing of functionality. No registration or focus of the website on Search Engines or maintainence work will be undertaken for your project unless this work is otherwise agreed and listed in the scope of work.
Supply of Materials and Intellectual Property Rights
The Client is to supply all materials and information required for Amplify to complete the Work in accordance with the agreed specification. Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials. Where the Client's failure to supply such materials leads to a delay in completion of the work, Amplify has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount.
The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies to Amplify for inclusion on the Website. The conclusion of a contract between Amplify and the Client shall be regarded as a guarantee by the Client to Amplify hat all such permissions and authorities have been obtained and that the inclusion of such material on the Website would not constitute a criminal offence or civil delict. By agreeing to these terms and conditions, the Client removes the legal responsibility of Amplify and indemnifies the same from any claims or legal actions however related to the content of the Client's site.
Approval of Work
On completion of the Work, the Client will be notified and have the opportunity to review it. The Client should notify Amplify in writing, of any unsatisfactory points within 7 days of receipt of such notification. Any of the Work which has not been reported in writing to Amplify as unsatisfactory within the 7 day review period will be deemed to have been approved.
Supply and Pricing of Services
Amplify reserves the right to use whoever it feels appropriate at the time for third party software and services, and to alter its prices as necessary without prior notice and without affecting existing contractual pricing agreements.
Your Country, Your Laws, Your Business
The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs associated with their country, and will hold harmless, protect, and defend Amplify from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
Furthermore, Amplify will not be held liable in any form for incorrect configuration settings associated with your website. It is up to you, the client, to practice correct business practices for your business residence.
Full payment for projects will be due upon reaching the “Project Delivery Date” defined in the contractual agreement document. Amplify will invoice the Client for the balance of payment for the project which is to be paid by the Client within 7 days of the date that the invoice was issued.
For ad-hock support work, full payment will be due as soon as the work is in place within your live environment.
Remedies for Overdue Payment
If payment has not been received by the due date, Amplify has the right to suspend ongoing work for the Client, until such time that full payment of the outstanding balance has been received. If full payment has still not been received 21 days after the due date, Amplify has the right to replace, modify or remove the Website and revoke the Client's licence of the Work until full payment has been received. By revoking the Client's licence of the Work or removing the web site from the Internet, Amplify can not be held liable for repercussions from this, and this action will not remove the Client's obligation to pay any outstanding monies owing.
Events Beyond the Control of Amplify
Amplify will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of Amplify.
Right to Terminate
Amplify reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral or otherwise unacceptable.
This Agreement shall be governed by the laws of England which shall claim venue and jurisdiction for any legal action or claim arising from the contract between Amplify and the Client.
Survival of Contract
Where one or more terms of the said contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
Change of Terms and Conditions
These terms & conditions may change from time to time. The Client will be informed of revisions as and when they are issued.
Web Hosting Terms and Conditions
W3 Amped Limited" trading as Amplify issues these web hosting conditions. The company shall be known throughout the information listed below as "Amplify".
Use of Amplify’s Web Hosting Service constitutes acceptance and agreement to our TOS (Terms of Service). All service provisions are subject to the TOS (Terms of Service) of Amplify. The TOS may be changed from time to time at the discretion of Amplify. The client understands that change to the TOS by Amplify shall not be grounds for non-payment. Amplify agrees to provide the client with web hosting services for a monthly or annual fee. Amplify will never require clients to advertise for Amplify on their website in any way shape or form unless agreed upon, such as a non-profit organisation receiving complimentary hosting. Clients are allowed to use Amplify services for personal and/or business/commercial websites or content.
All services provided by Amplify may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Amplify from any claims resulting from the use of the service, which damages the subscriber or any other party.
Amplify does not allow adult "xxx" related websites, pornography and sex-related content on its servers. Nor do we allow adult subscription or membership based "pay sites". This includes sexual content, or links to adult content-hosted elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Amplify will be the sole arbiter as to what constitutes a violation of this provision.
Educational adult websites and adult e-commerce stores are allowed but due to such a fine line we recommend checking with Amplify support before hosting such websites. Amplify will be the sole arbiter as to what constitutes a violation of this provision.
Some Examples of Unacceptable Content: - Adult / Pornographic - Hacking programs / Hacking Archives / Hacking Information - Warez Sites - Spam / Spamming Software Distribution or Transmission of Obscene or Indecent Speech or Materials: Violation of indecency and obscenity laws can result in criminal penalties.
Intellectual Property Rights:
Material accessible to you through Amplify'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 Amplify 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 Amplify Network. If you use a domain name in connection with the Amplify 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:
Amplify takes a zero tolerance approach to the sending of Unsolicited Email (SPAM). Very simply this means that Clients of Amplify may not use or permit others to use our service for sending SPAM Emails. Clients of Amplify 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, Amplify may, at its sole discretion, restrict, suspend or terminate a customer's account. Amplify solely reserves the right to refuse or cancel service to known spammers. Lastly, Amplify 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:
MailFoundry Spam Filtering Limits:
Some domain names may have too many mailboxes or receive such a high volume of spam email that it will not be possible for us to provide MailFoundry service to them, due to the extreme usage. While MailFoundry 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 Amplify believes to be realistic limit thresholds then we will inform you that MailFoundry services will not be continued for your domain. SpamAssassin will be supplied in replacement to MailFoundry. It may be possible to buy MailFoundry services for 'extreme usage' domains for an additional negotiable charge depending on usage history and expected MailFoundry processing requirements.
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, Amplify 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.
Customers may not use the Amplify 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. Amplify 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.
For security reasons Amplify operates 'closed' datacentre facilities. Physical access to any servers or related equipment at any Amplify locations is not permitted. Only fully authorised Amplify staff are permitted access to work onsite at these facilities.
Amplify limits technical support to its area of expertise, this is providing web hosting services and related features. Amplify does not offer support for application specific issues such as php programming, cgi programming, html, website design and development or any other such issue. Amplify does not provide technical support for YOUR Clients. Any additional work you may require from Amplify staff, which does not fall within usual support boundaries, is charged at a rate of £40 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.
Establishment of this service is dependant upon receipt by Amplify of payment of all stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup (monthly or yearly terms). Service may be interrupted on accounts that fall overdue (such as a credit card being declined or expired). Amplify may, at its sole discretion, charge a fee of £15.00GBP to reinstate a suspended account. When payment is declined from your chosen payment method we will send an email notification and retry payment the following day, this will occur 3 times over a 3-5 day period. 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 Amplify. It is very important you keep your email address on file with us current by notifying us of email address changes. 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 Amplify, will be charged to your account for each cheque or other form of payment that is returned to Amplify unpaid.
Refunds and Disputes:
All payments to Amplify are non-refundable. This includes any setup fee and subsequent charges regardless of usage. If you dispute a charge to your credit card issuer that, in Amplify's sole discretion is a valid charge under the provisions of this TOS, you agree to pay Amplify an Administrative Fee of not less than £25 and not more than £100. If you are paying annually for hosting services and cancel early before your 12 months of service is over, we will issue a pro-rata refund for full unused months at time of cancellation. Amplify 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.
Payment Currency:Clients will be billed in GBP (Pounds Sterling).
Amplify reserves the right to change the pricing of products and/or services at any time.
Amplify does not provide paper or hard-copy invoices. PDF invoices are sent via email.
Domain Name Expiry and Redemption Fee's:
Amplify is not liable for expiry or loss of your domain name. Before a domain expires you will be reminded to renew your domain by email to the address we hold on file for you. 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.
Any domain name registered by Amplify (as your registrar) 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 Amplify 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.
Any attempts to undermine, slander, libel, threaten, or cause harm to a Amplify 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:
Amplify reserves the right at its sole discretion to refuse or cancel service. Violation of any of Amplify'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:
Amplify will not otherwise disclose its customers' personal and account information unless Amplify 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 Amplify, Amplify' customers, or others, or where Amplify has a good faith belief that the law requires such disclosure. Amplify 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 Amplify stores or transmits for its customers. The circumstances under which Amplify 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 Amplify and its customers - it is required to cooperate with dispute policies, court orders, warrants, or other legal processes that Amplify 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 Amplify 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. Amplify 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. Any person may request a copy of personal information pertaining to themselves, which shall be provided free of charge after reasonable proof of identity. Any personal information held on our systems will be deleted on request and after reasonable proof of identity 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.
Customer agrees that it shall defend, indemnify, save and hold Amplify (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Amplify, 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 Amplify against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Amplify 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 Amplify to the amount paid for service.
Amplify will not be responsible for any damages your business may suffer. Amplify makes no warranties of any kind, expressed or implied for services we provide. Amplify 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 Amplify and its employees. Amplify makes no "uptime" guarantees. The Client agrees that Amplify shall not be liable for any damages as a result of loss of hosting services or hosted data. The Client further acknowledges that Amplify's liability for its own negligence is zero, and Amplify 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 Amplify be liable for any special or consequential damages, loss of revenue or injury.
Amplify can accept no responsibility for any loss of data or consequences arising from this. Amplify always advises clients to back up their site data regularly for their own protection. Amplify 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.
Amplify furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws and this Amplify TOS. A reseller's client's failure to comply with those laws and our TOS will violate this policy. If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with Amplify then Amplify will not be responsible for maintaining hosting for the resellers customers. Amplify has no agreement or responsibility to any resold services. Resold services to others are your own responsibility.
All communications (emails, verbal or written) are between Amplify and the client. These communications are private and are therefore not to be shared with any other parties. This agreement is made between the customer (as specified in the customer details section when placing your order) and Amplify. If you are purchasing hosting on behalf of another party please ensure you specify the account owners details in the customer details section. Amplify will only be able to communicate with regards to the account with the registered customer and not a third-party.
Finally, Amplify wishes to emphasize that in accepting services, customers indemnify Amplify for the violation of any law or Amplify policy that results in loss to Amplify or the bringing of any claim against Amplify. This means that if Amplify is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Amplify, 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.