White Room Creations Ltd provides web hosting services to subscribers around the world. The following terms and conditions are designed to provide the highest level of service available.

Content

All services provided by White Room Creations Ltd are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless White Room Creations Ltd, from any claims resulting from the subscriber's use of White Room Creations Ltd services which damages the subscriber or any other party.

Note: Pornography and sex related merchandising are prohibited on any White Room Creations Ltd shared account. This includes sites that may imply sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to White Room Creations Ltd servers or any other server on the Internet. Links to such materials are also prohibited.

White Room Creations Ltd makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall White Room Creations Ltd be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by contacting us.

Examples of prohibited content or links include (but are not limited to):

• IRC Software
• Pirated software
• Hacking sites, programs or archives
• Warez Sites
• Distribution of music files or any other material in which the account holder does not own the copyright.
• Adult Sites
• Game Servers (dedicated game server programs)

White Room Creations Ltd will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms and conditions:

IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.

Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.

Commercial Advertising - Email -

• High volume email deployments of any type are not permitted with any White Room Creations Ltd shared account.
• Spamming, i.e. the sending of unsolicited email, from any White Room Creations Ltd server or any server located on the White Room Creations Ltd network is STRICTLY prohibited. White Room Creations will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at White Room Creations Ltd.
• Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by White Room Creations Ltd customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing or selling lists of email addresses from 3rd parties for mailing to or from any White Room Creations Ltd-hosted domain, or referencing any White Room Creations Ltd account, is prohibited.
• Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
• Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
• Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.

ShoutCast Servers - We do not allow Shoutcast Servers due to bandwidth and load issues.

Background Running Programs - We ask that users request permission before enabling persistent background processes of substantial load.

PHP Shell - PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.

Server Abuse - Any attempts to undermine or cause harm to a White Room Creations server or subscriber of White Room Creations Ltd is strictly prohibited including, but not limited to:

• Logging into a server or account that you are not authorized to access
• Accessing data or taking any action to obtain services not intended for you or your use
• Attempting to probe, scan or test the vulnerability of any system, subsystem or network
• Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
• Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
• Interfering with, intercepting or expropriating any system, data or information
• Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others.
All sub-networks of White Room Creations Ltd and all dedicated servers must adhere to the above policies.

Backups

White Room Creations Ltd performs daily, weekly and monthly backups on all hosting accounts to ensure critical files are never lost. However White Room Creations Ltd is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups.

Scheduled Maintenance and Downtime

White Room Creations Ltd will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond White Room Creations control or which are not reasonably foreseeable by White Room Creations, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. White Room Creations Ltd will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. White Room Creations Ltd has no responsibility for downtime resulting from a user's actions.

Promotional Use

White Room Creations Ltd may refer to You, Your company, or your logo's for promotional purposes. Your company name, logos and the services that were provided to the customer by White Room Creations Ltd may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the White Room Creations Ltd website. This reference will be strictly limited to disclosure that White Room Creations Ltd has provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the customer at White Room Creations Ltd. However, White Room Creations Ltd may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations.

Microsoft Software License Policy

Microsoft, as well as White Room Creations Ltd company policy, does not allow mixing of Microsoft license ownership. For an example, a customer cannot use a White Room Creations purchased Windows Server license in conjunction with their own customer license of MSSQL or any other Microsoft Product. This is a violation of Microsoft's licensing policies. The customer would have to obtain all Microsoft licenses through White Room Creations Ltd. In some instances, we can allow the customer to supply all Microsoft licensed products, including the OS. However, all licenses must be provided by the customer and may not be mixed with White Room Creations Ltd licensed Microsoft products. Any questions regarding this policy can be addressed to support@whiteroomcreations.com

Limitations on Use

Any account using 15% or more of the server CPU or memory can be suspended and/or terminated.

Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.

Background Processes. Unauthorized background processes shall result in immediate termination of the account. White Room Creations Ltd maintains the right to cancel accounts at its discretion.

Account Setup, Termination, and Billing:

The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next years billing cycle. All invoices are due for payment Net 14 Days. All late payments will incur interest charges at the standard Bank of England rate + 8%. Any invoice outstanding beyond this period will be referred to Daniels Silverman Limited and will be subject to a surcharge of 15% plus vat to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable.

Check Orders: Accounts for subscribers who wish to pay by check will be setup when the check is received by White Room Creations Ltd

Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 14 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee in order to re-enable your account.

Termination of accounts due to overdue payment: If the account is not paid within 30 days of the invoice date, the account will be terminated and all information within the account will be deleted. Any outstanding balance on the account will still be due and all late payments will incur interest charges at the standard Bank of England rate + 8%. Any invoice outstanding beyond this period will be referred to Daniels Silverman Limited and will be subject to a surcharge of 15% plus vat to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable.

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the hosting account password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. If you wish to cancel your services, you must complete our cancellation form here http://www.whiteroomcreations.com/cancel/ five (5) business days prior to your renewal date. If your notice of cancellation is not received within this time frame, you will be liable for payment of the proceeding year and hereby agree to complete payment as invoiced accordingly. It is your responsibility to tell us of any change in your contact details, including address, contact phone number or email address.

Parked Domain Names: There is a one-time fee for parking additional domain names. This fee is non-refundable.

Virtual Domain Names: Additional domains that point to a sub folder (Virtual Domains) are £10 per domain per month. This is a non-refundable fee.

Domain Name Transfers: White Room Creations Ltd shall not be held responsible for domain transfers. The account holder is responsible for completing any necessary domain name transfers.

Free Domain Name Registration: White Room Creations Ltd will register any available .co.uk domain for free upon creation of a new website package with this offer. The free domain offer does not apply to existing accounts, or to orders that did not request the free domain registration at the time the order was placed.

Free registration is for the first year only, subsequent renewals are charged at the current rate per year that the domain is renewed for.

Fee Increases

White Room Creations Ltd may amend the Services and / or the fees it charges for Services by giving at least fourteen (14) days notice to Customer, and if Customer does not give a notice of non-renewal, the Customer shall be deemed to have accepted the new fee and for any subsequent Renewal Terms.

Taxes

At White Room Creations Ltd request Customer shall remit to White Room Creations Ltd all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on White Room Creations Ltd) regardless of whether UK2 fails to collect the tax at the time the related services are provided.

Courtesy Services for Customers

All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. White Room Creations Ltd is not responsible for lost data or for lost data due to third party software that is not maintained by White Room Creations Ltd programming staff. (Cpanel is not associated with White Room Creations Ltd)

Indemnification

Customer agrees to indemnify and hold harmless White Room Creations Ltd, White Room Creations Ltd 's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.

Disclaimer of Warranties

CUSTOMER AGREES TO USE ALL WHITE ROOM CREATIONS LTD’S SERVICES AND ANY INFORMATION OBTAINED THROUGH OR FROM WHITE ROOM CREATIONS LTD AT CUSTOMER’S OWN RISK.
WHITE ROOM CREATIONS LTD DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW WHITE ROOM CREATIONS LTD DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.

Limitation of Damages

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF WHITE ROOM CREATIONS LTD AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.

Upgrades and other changes in White Room Creations Ltd's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. White Room Creations Ltd reserves the right to change its network in its commercially reasonable discretion, and White Room Creations Ltd shall not be liable for any resulting harm to Customer.

General

terms and conditions are subject to change without any prior notification.

These terms and conditions are a legally binding contract between the subscriber and White Room Creations Ltd

By opening an account, the subscriber agrees to the above-stated terms.

Anything not listed in the terms and conditions is open to interpretation and change by White Room Creations Ltd administrators without prior notice.

All prices are non-refundable and nonnegotiable.

Any violation of these terms and conditions will result in termination of the account. White Room Creations Ltd maintains the right to terminate accounts without prior notification.

We reserve the right to remove any account with 15 days prior notice.

White Room Creations accepts no responsibility for any loss of earning relating to your website or any services White Room Creations Ltd or its third party providers provides you.

White Room Creations Ltd uses third party companies for some of its services. You must comply with all terms and conditions set by these third party companies when using any of their services. To get a copy of any third party company services you are using please contact support@whiteroomcreations.com.

Governing Law

The Agreement shall be governed by the laws of England and all claims concerning this Agreement shall be brought exclusively in English courts located in England. The parties hereby consent to submit to the jurisdiction of such courts and waive any personal jurisdiction or venue defences concerning said forum. The Customer is deemed to have agreed to this Agreement, when commencing use of any of White Room Creations Ltd's services.

FTP Access

For your own protection and security we do not give out FTP access details to any website.

Free Domains And Free Hosting Accounts

Free domain/s or free hosting account/s provided by White Room Creations Ltd are only free for the first year from the date of the first invoice and will be chargeable thereafter.

Domain Transfers

All domain transfers from White Room Creations Ltd to another company will be charged. White Room Creations Ltd does not deal with third party companies and will only deal directly with clients regarding their domains.

Third Party Companies

To ensure your website is protected at all time we do not allow third party companies to work on your website on your hosting account or upload any code to it. Any code developed or created by White Room Creations is the intellectual property of White Room Creations Ltd and can not be moved, duplicated or worked on by another company other than White Room Creations Ltd.

If you have any questions or suggestions about these Terms and Conditions, please e-mail us at contact@whiteroomcreations.com.