terms & conditions

Privacy Statement

Your security is of paramount importance to us. As such, we constantly endeavour to take all possible precautions thus ensuring that your privacy and confidentiality are protected.

We understand that all users of our site are quite rightly concerned to know that their data will not be used for any purpose unintended by them, and will not fall into the hands of a third party. Our policy is both specific and strict. If you think our policy falls short of your expectations or that we are failing to abide by our policy, do please tell us.

Information may be unlawfully available to hackers and snoopers. We take no responsibility for this. The risk is no different from a similar risk in a bricks and mortar establishment. Except as set out below, we do not share, or sell, or disclose to a third party, any personally identifiable information collected at this site. If this policy should change in the future (most unlikely), then we shall provide notification in advance, and the opportunity for all users to indicate whether or not they would prefer that we do not provide the information to third parties as proposed.

Here is a list of the information we collect, and why it is necessary to collect it:

1 Basic identification and contact information, such as your name and contact details
This information is used:

1.1 to provide you with the services which you request;
1.2 to maintain our accounts;
1.3 for billing;
1.4 to enable us to answer your enquiries;
1.5 for verifying your identity for security purposes;
1.6 for marketing our services and products;
1.7 to help make our web site as useful to you as possible;
1.8 information which does not identify any individual may be used in a general way by us or third parties, to provide class information, for example relating to demographics or usage of a particular page or service.

2 Your domain name and e mail address
These details are recognised by our servers and the pages that you visit are recorded. This information is used

2.1 in a collective way not referable to any particular individual, for the purpose of quality control and improvement of our site;
2.2 to send you news about the services to which you have signed up;
2.3 to tell you about other of our services.

3 Disclosure to Government
and their agencies. We are subject to the law like everyone else. We may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

4 Information request
At any time you may review or update the personally identifiable information that we hold about you, by contacting us at the address below. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information. 

This confidentiality policy has been compiled so as to comply with current UK, US and EU legislation, so far as we are aware. If you have any question regarding the confidentiality policy, please contact us at:

Spot On Designs
72 Allerburn Lea
Alnwick
NE66 2NQ

Letter sent by mail are typically responded to by return of post, or via follow up communication by email or telephone where necessary. If you require a quicker response, please email us at the address below. 

Email: info@spotondesigns.co.uk 

We aim to respond to all emails within 1 working day, with priority messages typically being attended to within 60 minutes during office hours.

Web Design Terms & Conditions Including Website Re-designs and Updates

Once the project fee or fee for other work is paid in full to Spot On Designs, ownership of all Intellectual Property in the Content on the Website is and shall be vested in the Client.

Ownership of Intellectual Property Rights of Spot On Designs used in the creation of the Website shall remain with Spot On Designs and Spot On Designs hereby grants on the completion of the Services and the payment of all sums due to Spot On Designs from the Client a perpetual non-exclusive licence to use such Intellectual Property Rights in connection with the Client's Website.

Spot On Designs assumes the Client has permission from the rightful owner to use any images or design elements that are provided by the Client for inclusion in the Client's website, and will hold harmless, protect, and defend Spot On Designs from any claim or suit arising from the use of such elements.

Spot On Designs retains the right to display graphics and other Web content elements as examples of their work in their portfolio and as content features in other projects.

Any additional work or updates to websites after completion will be charged per hour at Spot On Design's standard hourly rate applicable at the time the work is undertaken.

Where the Client fails to pay for work done by Spot On Designs, Spot On Designs reserves the right to suspend the Client's Website from the Internet where the Client uses the hosting services of Spot On Designs, until payment is received in full for the work undertaken.

Web Hosting Terms of Service

The use of services from Spot On Designs constitutes agreement to these terms.
1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Spot On Designs, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Spot On Designs is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact us via email. Providing false contact information of any kind may result in the termination of your account.
2.) Content
All services provided by Spot On Designs may only be used for lawful purposes. The laws of England apply.
The customer agrees to indemnify and hold harmless Spot On Designs from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorised copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email us with the information required. If the request is of a licensing issue, we may require further documentation.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared servers include:

Examples of unacceptable material on all Dedicated servers include:

Spot On Designs services, including all related equipment, networks and network devices are provided only for authorised customer use. Spot On Designs systems may be monitored for all lawful purposes, including to ensure that use is authorised, for management of the system, to facilitate protection against unauthorised access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorised purposes. Use of Spot On Designs system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorisation from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Spot On Designs may, at its discretion, request and require documentation to prove access to a third party network or system is authorised.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via email and will have a response within 48 hours.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, email, instant messaging, or usenet/newsgroups. No organisation or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Spot On Designs reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Spot On Designs reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Spot On Designs.
4.) Payment Information
You agree to supply appropriate payment for the services received from Spot On Designs, in advance of the time period during which such services are provided. You agree that until and unless you notify Spot On Designs of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been cancelled.
As a client of Spot On Designs, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Spot On Designs of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Spot On Designs. Spot On Designs reserves the right to bill your credit card or billing information on file with us. Spot On Designs provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a £10 late fee and/or an account suspension until account balance has been paid in full. The £10 late fee is applied in addition to whatever else is owed to Spot On Designs for services rendered. Access to the account will not be restored until payment has been received.
It is the customer's responsibility to notify us via email after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Spot On Designs cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.
It is the customer's responsibility to notify us via email for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact us.
Spot On Designs reserves the right to change the monthly payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is ran on Sunday of each week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. Spot On Designs is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on Spot On Designs servers.
6.) Cancellations and Refunds
Spot On Designs reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services. Customers may cancel at any time in writing via email.
There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Spot On Designs reserves the right to charge an administration fee where you require your website files and data to be transferred to another hosting provider.
7a.) Resource Usage
User may not: 
1) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. 
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers. 
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc 
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
7b.) INODES 
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.
7c.) Backup Limit 
Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
9) Uptime Guarantee
If your shared server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Spot On Designs dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact us with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
10.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices, and the right to increase the amount of resources given to plans at any time.
15.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Spot On Designs harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitor’s fees asserted against Spot On Designs, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Spot On Designs against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Spot On Designs; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Spot On Designs' server.
16.) Disclaimer
Spot On Designs shall not be responsible for any damages your business may suffer. Spot On Designs makes no warranties of any kind, expressed or implied for services we provide. Spot On Designs disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Spot On Designs and its employees.
17.) Disclosure to law enforcement
Spot On Designs may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
18.) Changes to the TOS
Spot On Designs reserves the right to revise its policies at any time without notice.