Terms & Conditions

Web Hosting

1.) Account Setup

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.

2.) Content

All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography. Examples of unacceptable material: IRC, Bots, Warez Sites, Pirated Software, Hate sites, Hack programs and archives.

3.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice. We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserves the right to make any such modifications in an emergency at our sole discretion. We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of 3CellHosting.com. All rights reserved.

4.) Payment Information

You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify 3CellHosting.com of your desire to cancel any or all services received, those services will be billed on a recurring basis. We reserve the right to change the monthly payment amount and any other charges at anytime.

5.) Backups and Data Loss

Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.

6.) Cancellation and Refunds

We reserve the right to cancel the account at any time. Customers may cancel at any time. We give you an unconditional 30 day money back guarantee on managed shared hosting. Refund requests after 30 days will be refunded on a prorated basis of any unused time. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

7.) Resource Usage

Users may not initiate the following:

• 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.
• Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
• Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
• Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.

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.) Money back Guarantee

On dedicated servers, and colocation no full refund will be honored, the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

10.) Price Change

We reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time.

11.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against us, 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 any liabilities arising out of;

1. any injury to person or property caused by any products sold or otherwise distributed in connection with us;
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 3CellHosting.com's server.

12.) Disclaimer

We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We 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 us and our employees.

13.) Changes to the TOS

We reserve the right to revise its policies at any time without notice.

Web Design and Projects

1.) Project Elements.

3cellhosting will provide a project plan detailing the milestones, tasks and payment points.

2.) Maintenance and Hourly Rate.

Our agreement includes minor webpage maintenance for the first 28  days after the website is completed, including updating links and making minor changes to a sentence or paragraph. It does not include drastic maintenance such as removing nearly all the text from a page and replacing it with new text. Changes requested by the client beyond those limits will be billed at the hourly rate of £40.00 , with a 15 minute minimum per update. If you believe that your website will need to be updated frequently, please contact us for pricing of maintenance packages.

This rate shall also govern additional work authorised beyond the maximums specified above for services such as general internet orientation education, marketing consulting, webpage design, editing, modifying product pages and databases in an online store, photo editing, graphics services, and helping clients learn how to use their own webpage editor. Programming / Scripting charges are billed at the hourly rate of £40.00 , with a 15 minute minimum per update.

3.) Changes to Submitted Text.

Please send us your finalised text. Time required to make substantive changes to client-submitted text after the web page has been constructed will be considered additional time and invoiced at the hourly rate of £40.00

4.) Completion Date.

3cellhosting and the client must work together to complete the project specified above in a timely manner. We agree to work expeditiously to complete the project.

The client is responsible for supplying 3cellhosting with complete text and the necessary items and graphics that are not developed by 3cellhosting for the web pages in a timely matter.

5.) Copyrights and Trademarks.

The client represents to 3cellhosting and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to 3cellhosting for inclusion in the project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend 3cellhosting and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

6.) Client and Third Party Site Modifications.

3cellhosting is not responsible for any changes made to the site by any other party, or an authorised agent. If the client or an agent other than 3cellhosting attempts updating the client's pages, time to repair web pages will be assessed at the hourly rate of £40.00, and is not included as part of the updating time.

7.) Copyright & Ownership of Website & Domain.

Copyright, ownership, and all rights of web pages, graphics, print templates, and text contained in the finished assembled website produced by 3cellhosting belongs solely and exclusively to the client upon final payment of this contract. Rights to photos, graphics, source code, work-up files, and computer programs are specifically transferred to the client, and remain the property of their respective owners. Any licensed software not developed by 3cellhosting (such as CGI, Pearl, PHP scripts) may be owned by another software company that has granted 3cellhosting the right to initiate it into the client’s website, and does not grant the client ownership of the script. 3cellhosting and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios, unless otherwise specified by the client. The client retains ownership of the domain name(s) bought through 3cellhosting after the invoice is paid in full. 3cellhosting reserves the right to withhold property such as domain names and copyright ownership if the client is in debt to 3cellhosting.

8.) Payment of Fees.

In order for 3cellhosting to keep its rates low, payments must be made promptly. Bills will be deemed delinquent and assessed a 1.5% charge if payment is not received within 21  days after the due date. If an amount remains delinquent 60 days after its due date, an additional 2% penalty will be added for each month of delinquency. 3cellhosting reserves the right to remove web pages from viewing on the internet until final payment is made. If case collection proves necessary, the client agrees to pay all fees incurred by that process.