BOXTONS Terms Of Service & Privacy Policy
Please read our terms of service and privacy policy carefully, these are legally binding terms of using our services and how we will manage your data
NOTE: BOXTONS Ltd has multiple Terms or service dependent on product and service of the customer, please read all sections carefully these are legally binding terms. "BOXTONS Ltd" may be reffered to as "BOXTONS" or "BOXTONS Limited" on this page.
BOXTONS PRIVACY POLICY
In an effort to protect our clients’ and site visitors privacy and rights, BOXTONS has established a Privacy Policy which explains what information we gather on visitors and what we do with information that we gather. This Privacy Policy governs the manner in which BOXTONS collects, uses, maintains and discloses information collected from users of this Web site (each, a “User”).
PRIVACY
Users’ privacy is very important to BOXTONS. We are committed to safeguarding the information Users entrust to BOXTONS
THE INFORMATION WE COLLECT
BOXTONS collects personally identifiable information from Users through online forms for ordering products and services. We may also collect information about how Users use our Web site, for example, by tracking the number of unique views received by the pages of the Web site or the domains from which Users originate. We use “cookies” to track how Users use our Web site.
HOW WE USE INFORMATION
BOXTONS may use personally identifiable information collected through our Web site to contact Users regarding products and services offered by BOXTONS and its trusted affiliates, independent contractors and business partners, and otherwise to enhance Users’ experience with BOXTONS and such affiliates, independent contractors and business partners. At no time will BOXTONS’s database of users ever be sold to any entity for the purpose of marketing or mailing lists. Personal information will not be sold or otherwise transferred to our business partners without your prior consent, except that we will disclose the information we collect to third parties when, in our good faith judgment, we are obligated to do so under applicable laws
CALL MONITORING AND PRIVACY STATEMENT
As part of BOXTONSs commitment to providing the best possible service BOXTONS may monitor and record phone calls answered by BOXTONS and made by BOXTONS. BOXTONS may also archive recorded voice mail messages. BOXTONS records calls for training purposes, to improve customer service, and to ensure an accurate record of Client calls, which may be needed to support transactions that take place over the phone. This allows BOXTONS to identify how BOXTONS can better serve its customers.
WEBSITE DEVELOPMENT TERMS AND CONDITIONS
OWNERSHIP OF WEBSITE DESIGN
Upon completion of a custom website design and payment of web design and development fees, the client is the owner of the commissioned website. The client may continue to use the commissioned website to promote the client’s company or organization regardless of whether he/she chooses to continue further services with BOXTONS. The client does not have the right to resell the design or development to other companies. The client does not have the right to add pages onto the existing site or have another company add pages onto the existing site using the commissioned website design/development unless the site is hosted upon the BOXTONS network of servers. The client does not have permission to reuse pieces of our work in a redesigned website that gives another company design credit at any time.
OWNERSHIP AND COPYRIGHT
All text and photos used as content in a commissioned website must be provided by the client (unless the client has hired BOXTONS for content development). The client must have ownership or written permission to use all content he/she provides for use. It is up to each client to ensure his/her design and/or content does not infringe on any trademark, service mark, or copyright.
BOXTONS cannot be responsible for intellectual property infringements on behalf of clients.
Also, BOXTONS cannot be responsible for submitted content. Clients should not mail irreplaceable photos or documents or send content that must be returned.
OWNERSHIP OF SOFTWARE DEVELOPMENT
Upon completion of a custom software development and payment of development fees, BOXTONS will encode the software development in full and the client becomes the owner of the commissioned software. The software can be delivered in many forms to meet the clients requirements, postage costs for USB or CD delivery will apply if this delivery method is requested. The client may continue to use the commissioned software inside the client’s company or organization regardless of whether he/she chooses to continue further services with BOXTONS. The client does not have the right to resell the design or development to other companies. The client does have the right to make modifications and additions to the existing development or have another company do this for them, BOXTONS is in no way obligated to decrypt the software development for third party modifications or additions. The client does not have permission to reuse pieces of our work in a redesigned product that gives another company design credit at any time.
PROJECT INITIATION
The initiation of a web design or development project requires a signed or electronically submitted signup form or via our the order area on the BOXTONS site and automated billing area. Payment of half of the initial web design/development fees (or payment in full if the entire project is €500 or less), plus the client logo or any other element that is required to be used in the design
PROJECT TIMELINESS REQUIREMENTS FOR CLIENTS
Projects can be hindered if the client does not provide feedback or required elements in a timely manner, such as feedback on a design mockup, requested sitemaps, text to be used as content on the web pages, photos for either the design or for the content, the client’s logo, appropriate account login information, etc. For that reason, if BOXTONS is waiting for content or other piece of information, the client will be
notified. If the client fails to handle the requests within ten business days, then BOXTONS will take any or all of the following steps to keep the project moving forward in a timely manner:
MOCKUP FEEDBACK
If the client does not give feedback on the design mockup within twn business days, by default, the mockup is approved. If the client later wishes to change the design, additional charges may apply.
SITEMAPS OR PAGE NAMES
If the client fails to provide the requested list of webpages within ten business days, by default, Griffin Web Design will assign page names. If the client later wishes to change these page names, additional charges may apply.
CLIENT LOGO
If the client fails to provide a copy of an existing logo within ten business days, a substitute logo or company name graphic may be used. If the client later wishes to change the substitute logo or company name graphic, additional charges may apply.
PHOTO TO USE IN DESIGN
If the client has requested the design include a particular photo, and the client fails to provide the required photo within ten business days, a substitute photo may be used. If the client later wishes to change the substitute photo, additional charges may apply.
HOME PAGE TEXT
BOXTONS will provide a content writer for home page text. If, for a period of two business days, the client fails to be available for a telephone interview with the writer, then the writer will compose the initial text without having interviewed the client, that text will be automatically used, and the client may change it later himself using the content management system (CMS) if a web development package containing a CMS was purchased. If the client is available for an initial interview in a timely manner, then the writer will also provide one round of revisions after the initial text has been written. If, for a period of two business days, the client fails to offer any feedback on the home page text provided, then by default, that text is approved, and the client may change it later himself using the content management system (CMS) if a web development package containing a CMS was purchased.
TEXT AND OPTIONAL PHOTOS FOR ALL OTHER WEB PAGES
Unless the writer has been hired for additional pages, it is the client’s responsibility to provide content for all other pages in the website. If the client provides all text (and optional photos) within ten business days, then BOXTONS will add that content to the website. If the client fails to provide content for those pages within ten business days, then BOXTONS will complete those pages with simple placeholder text
such as, “ABC Client offers many XYZ Services. For more information, please contact ABC Client.” The client will have the ability to add more complete content later using the content management system (CMS) if a web development package containing a CMS was purchased.
ANY OTHER DELAYS
If more than 30 days have passed since the client signed the initial project agreement form BOXTONS reserves the right to consider the project complete in itsentirety, bill for the completed project,and bill for all future work.
BOXTONS HOSTING TERMS AND CONDITIONS
BOXTONS.com provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of BOXTONS are subject to the following terms of service:
BOXTONS Billing & Client Management System
BOXTONS makes use of a client management system to manage and maintain it's customers hosting and development accounts, the client agrees to maintain acurate data in this system at all times, incorrect or lack of customer data can result in imediate account termination. BOXTONS has a strict policy of 1 account per company / customer and will regualarly check its client management system to ensure that all customers are complying with this rule. If a duplicate account is found, the services on that account will be migrated to the clients original account and the duplicate account will be deleted. This is to ensure that customers do not avoid paying an invoice by simply opening up a new account.
Indemnification Policy
You agree to use all BOXTONS services and facilities at your own risk. BOXTONS specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall BOXTONS be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
Customer agrees that it shall defend, indemnify, save and hold BOXTONS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against BOXTONS, 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 assignees.
Customer agrees to defend, indemnify and hold harmless BOXTONS against liabilities arising out of:
Any injury to person or property caused by any products sold or otherwise distributed in connection with the BOXTONS Network of servers and virtual servers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
Copyright infringement or any defective products sold to customer from BOXTONS’s network.
BOXTONS shall be the sole judge of what violates this Policy.
BOXTONS reserves the right to intervene with any of the sites hosted on its’ network in the interest of its’ customers.
BOXTONS Hosting and Server Network Billing:
At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan and service. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is non-refundable). Dedicated servers and setup fee's do not apply for a money back guarantee unless stated on the products page.
Payment for Hosting and Server Network services are unless otherwise disclosed invoiced pro-rata, the day of billing is decided by BOXTONS but can be changed by contacting support@BOXTONS.com
We currently accept payment via Credit Card, Debit Card, PayPal and Bank Transfer. For webhosting plans, we will setup your account without initial payment.
In the BOXTONS client and billing area you can login and "top up" or "credit" your account, these funds are then added to your client credits account and payments of invoices will be paid using your credits instead of you having to login and manually make payments. BOXTONS does not offer any refunds on credit balances. In the event of overpayment of an invoice the overpayment total will be credited to your client credits account.
Late Payments:
All accounts are billed pro-rata unless otherwise decided upon between BOXTONS and the customer. BOXTONS reserves the right to suspend or terminate your account after 1 day of late payment, this is set by the billing system to be the case automatically if you constamtly allow your invoices to go overdue. If you always keep your invoices paid on time we usually follow the following steps: If payment for services is not made within 5 days after the invoice due date, your account will be suspended and a late fee will be added of 20% of the invoice total. If you do not make payment within 30 days after invoice due date, your account will be terminated. You will receive constant email reminders from the BOXTONS automated billing system.
BOXTONS Billing System Emails:
The BOXTONS Billing system sends out automatic emails when relevant to you and always at 7am GMT+1. The system will send out invoice emails 15 days before the invoice due date. It will then send out a reminder email 1 day before invoice due date. When the invoice is overdue (1 day after invoice due date) you will get an invoice overdue reminder sent to your email, another on the 3rd and 5th day after the invoice due date. On the 5th day after the invoice overdue date you will get a suspension notice and a notice that the 20% late fee was added to your invoice. You won’t receive any more emails until the account termination email on day 30 after invoice due date (These emails will not be sent if the invoice is settled). The system will also email order confirmations, account information, password requests and invoice payment confirmations. If you don’t wish to receive automated emails, please contact support.
Acceptable Use Policy:
All services provided by BOXTONS may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any International, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The customer agrees to indemnify and hold harmless BOXTONS and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.
Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all BOXTONS servers This includes sites that include sexually explicit or hardcore images and/or advertising. We do not have a problem with sites of an adult nature, but we do not allow pornographic sites. If you think your site may violate our Terms of Service, please ask us before signing up for an account so that we may determine if we can host your site. BOXTONS reserves the right to determine what is and what isn’t acceptable for its’ servers.
Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, customer agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Customer further acknowledges that the company’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 the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
CGI Scripts:
Some hosting accounts may come with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning.
Banned Scripts:
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.
- IRC egg drops
- Proxy servers
- Mail bombers
- Anonymous mailers
- IP spoofers
- Port scanners
- Hivemail
- Telnet or SSH Access Scripts
- nph-proxy (and other scripts what operates like proxy)
- UBB (Ultimate Bulletin Board, all versions)
- lstmrge.cgi
- phpShell
- FormMail.cgi, FormMail.pl from Matt’s Script Archive are not allowed.
- Torrents
Background Running Programs:
Background daemons in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will be assessed based on resources on system maintenance needed.
IRC:
We currently do not allow IRC or IRC bots to be operated on our servers.
Commercial Advertising – Email:
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $14.850 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.
LIMITATION OF LIABILITY:
BOXTONS shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from BOXTONS servers going off-line or being unavailable for any reason whatsoever. Furthermore, BOXTONS shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of BOXTONS servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to info@BOXTONS. All complaints will be investigated promptly.
DISCLAIMER:
BOXTONS cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by BOXTONS are resold. Thus, certain equipment, routing, software, and programming used by BOXTONS are not directly owned or written by BOXTONS . Moreover, BOXTONS holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as BOXTONS sees fit. FURTHERMORE, BOXTONS retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
BOXTONS DOMAIN TERMS OF SERVICE
CUSTOMER DOMAIN REGISTRATION PRODUCT AGREEMENT
BOXTONS (hereinafter referred to as “Parent”) AND you (hereinafter referred to as “Customer”)
WILL
enter into a Customer Master Agreement (“Agreement”) effective from the agreement date of which this “Domain Registration Product Agreement Extension” is a part.
WHEREAS, Parent is authorized to provide Internet registration and management services for domain names, for the list of TLDs mentioned within APPENDIX ‘B';
WHEREAS, the Customer wishes to purchase Registration and/or Management and/or Renewal and/or Transfer for the list of TLDs mentioned within APPENDIX ‘B’ through Parent;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows:
1. DEFINITIONS
(1) “TLD” refers to .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .US, .IN, .EU, .UK, .TRAVEL, .WS, .COOP, CentralNIC, .MOBI, .ASIA, .ME, .TEL, .MN, .BZ, .CC, .TV, .CN and .NZ
(2) “gTLD” refers to .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .TRAVEL, .COOP, .MOBI, .ASIA and .TEL
(3) “Domain Order” refers to an Order fulfilled by the Customer through the Parent under this Domain Registration Product Agreement Extension
(4) “Registrant” refers to the registrant/owner of a Domain Order as in the OrderBox Database.
(5) “Registrar” refers to the Registrar of a Domain Order as in the OrderBox Database and/or shown in the Whois Record;
(6) Registry Operator refers to the Organisation/Entity that maintains the registry of a TLD of a Domain Order;
(7) “Whois Record” refers to the collection of all data elements of the Domain Order, specifically its Registrant Contact Information, Administrative Contact Information, Technical Contact Information, Billing Contact Information, Nameservers if any, its Creation and Expiry dates, its Registrar and its current Status in the Registry;
2. OBLIGATIONS OF THE CUSTOMER
(1) The Customer must ensure that the Registrant of each Domain Order must agree to be bound by the terms and conditions laid out by the Registrar of the Domain Name during the term of the Domain Order. The Customer must familiarize himself with such terms. The Customer acknowledges that the Registrar has various rights and powers as mentioned in the Registrar’s terms and conditions. Parent is not liable for any action taken by Registrar pursuant to the Registrar’s terms and conditions. The Customer acknowledges and agrees that the Customer shall indemnify Parent of, and shall be responsible for any liability resulting from Registrants’ noncompliance with such terms and conditions.
(2) The Customer will not make any changes to any information associated with the Domain Order without explicit authorization from the Registrant of that Domain Order.
(3) The Customer must comply with all applicable terms and conditions, standards, policies, procedures, and practices laid down by ICANN, the Registrar and the Registry Operator.
3. RIGHTS OF PARENT
Parent and Service Providers, in their sole discretion, expressly reserve the right to freeze, delete, suspend, deny, cancel, modify, take ownership of or transfer any Domain Order, in order to comply with any applicable Dispute policies, requests of law enforcement, or in compliance with any Court Orders, or if Parent or Service Providers in their sole discretion determine that the information associated with the Domain Order is inaccurate, or has been tampered with, or has been modified without authorization, or if Parent or Service Providers in their sole discretion determine that the Domain Order ownership should belong to another entity, or if Customer/Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by Parent, Service Providers, ICANN, the Registrar and the Registry Operator. The Customer agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above.
4. SURVIVAL
In the event of termination of this Product Agreement Extension for any reason, Sections 2 and 3 shall survive
APPENDIX ‘A’
PRIVACY PROTECTION SERVICE SPECIFIC CONDITIONS
1. DESCRIPTION OF SERVICES
The Privacy Protection Service hides the contact details of the actual owner from appearing in the Whois Lookup Result of his domain name.
2. IMPLEMENTATION DETAILS
(1) Customer acknowledges and agrees that the contact information being displayed in the Whois of a privacy protected Domain Order will be those designated by the Parent, and
(1) any mail received via post at this Address would be rejected;
(2) any telephone call received at this Telephone Number, would be greeted with an electronic answering machine requesting the caller to email the email address listed in the Whois of this privacy protected domain name;
(3) the sender of any email to an email address listed in the Whois of this privacy protected domain name, will get an automated response email asking them to visit the URL http://www.privacyprotect.org/ to contact the Registrant, Administrative, Billing or Technical Contact of a privacy protected domain name through an online form. This message would be relayed as an email message via http://www.privacyprotect.org/ to the actual Registrant, Administrative, Billing or Technical Contact email address in the OrderBox Database.
(2) Customer agrees that we can not guarantee delivery of messages to either the Registrant, Administrative, Billing, Technical Contact, of a privacy protected Domain Order, and that such message may not be delivered in time or at all, for any reason whatsoever. Parent and Service Providers disclaim any and all liability associated with non-delivery of any messages relating to the Domain Order and this service.
(3) Customer understands that the Privacy Protection Service is only available for certain TLDs
(4) Irrespective of whether Privacy Protection is enabled or not, Customers and Registrants are required to fulfill their obligations of providing true and accurate contact information as detailed in the Agreement
(5) Customer understands and acknowledges that Parent in its sole, unfettered discretion, can discontinue providing Privacy Protection Services on the Order for any purpose, including but not limited to –
(1) if Parent receives any abuse complaint for the privacy protected domain name, or
(2) pursuant to any applicable laws, government rules or requirements, requests of law enforcement agency, or
(3) for the resolution of disputes concerning the domain name
(4) or any other reason that Parent in its sole discretion deems appropriate to switch off the Privacy Protection Services
3. OBLIGATIONS OF CUSTOMER
Customer must ensure that the Registrant of each Domain Order must also acknowledge and agree to be bound by the following terms and conditions. The Customer acknowledges and agrees that the Customer shall indemnify Parent of, and shall be responsible for any liability resulting from Customer’s nondisclosure of these terms to Registrant of Domain Order.
4. INDEMNITY
Customer and Registrant agree to release, defend, indemnify and hold harmless Parent, Service Providers, PrivacyProtect.org, and their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney’s fees, arising out of or related in any way to the Privacy Protection services provided hereunder.
APPENDIX ‘B’
LIST OF TLDS PARENT IS AUTHORIZED TO PROVIDE DOMAIN NAME REGISTRATION AND MANAGEMENT SERVICES
* .COM, .NET (through Registrar BOXTONS Domains)
* .ORG (through Registrar BOXTONS Domains)
* .BIZ (through Registrar BOXTONS Domains)
* .INFO (through Registrar BOXTONS Domains)
* .NAME and .NAME Defensive Registrations and .NAME Mail Forwards (through Registrar BOXTONS Domains)
* .US (through Registrar BOXTONS Domains)
* .IN (through Registrar BOXTONS Domains)
* .EU (through Registrar BOXTONS Domains)
* .UK (through Registrar BOXTONS Domains)
* .TRAVEL (through Registrar Directi Internet Solutions Pvt. Ltd. D/B/A PublicDomainRegistry.com)
* .WS (through Registrar BOXTONS Domains)
* .COOP (through Registrar BOXTONS Domains)
* CentralNIC (through Registrar BOXTONS Domains)
* .MOBI (through Registrar BOXTONS Domains)
* .ASIA (through Registrar BOXTONS Domains)
* .ME (through RegistrarBOXTONS Domains)
* .TEL (through Registrar BOXTONS Domains)
* .MN, .BZ (through Registrar BOXTONS Domains)
* .CC, .TV (through Registrar BOXTONS Domains)
* .CN (through RegistrarBOXTONS Domains)
* .NZ (through Registrar BOXTONS Domains)
MODIFICATIONS & AMMENDMENTS TO THIS PAGE
When BOXTONS updates it's terms of service for any of its products or services it will update this page, BOXTONS reserves the right to email clients explaining what has been updated and with a link to this page.
BOXTONS reserves the right to ammend these terms of service at any time without notice but will always keep a full timestamp of last update in this section.
Last Updated: 22/12/2016 13:56:38 (22nd December 2016)