The Terms & Conditions below govern the commercial use of the DoYourOwnSite! family of web sites
(referred to herein as the "Site") operated by DoYourOwnSite! Limited (the "Company").
The Company will provide each registered user ("Member") with access to a package of templates,
services and website development, design and management tools. These are for use only in conjunction
with the said user's registered account(s). The Company, at its discretion, may add to, amend or
withdraw this package and all or any of the sites, which together make up the Site. By registering as
a Member, you agree to use the Site in a manner consistent with all applicable laws and regulations
and in accordance with the Terms & Conditions set out below. The Company reserves the right to impose
additional terms in respect of any Member's order, such additional terms shall be posted on the Site.
1. Price and Payment
1.1. The templates, services and website development, design and management tools are initially
offered by the Company for a trial period. Access to some of these services will be restricted during
the trial period.
No monies will be charged for the service during the trial period and no payment details or further
personal information will be asked for. At the end of the trial period an invitation to subscribe will
be sent to the email address provided by the Member at their registration. The Member then has a short
period in which to accept this invitation by visiting the Site and completing the necessary payment
procedures. If the invitation is not accepted by the Member within the time period indicated in the
invitation, it will be assumed by the Company that the Member no longer wishes to use the service and
further use may be prevented. The Member will be under no obligation to pay the Company for its trial
use of the service or to accept the invitation to subscribe.
1.2. Early subscription during trial period.
A Member may at any time during their trial period choose to end their trial and begin subscribing
to the service. The Member may wish to do this in order to gain access to the services that are
restricted during the trial period.
1.3. Only support and advice services by email will be provided to Members.
Only basic support by email is provided. More in depth support and advice services, such as telephone
support and on-site training are not included. If the Company agrees to provide such services they may be
subject to additional terms and payment.
1.4. Early cancellation.
The customer agrees that in the event of the cancellation of an account within three months of the
commencement date of a subscription and that the customer was supplied with a ".co.uk" domain name free
of charge then the customer will pay an administration fee of £30 in addition to any other fees owed.
Ownership of the domain name will be transfered to the customer when payment of the administration fee
and any other fees owed have been made in full.
2. Terms of Membership
2.1. Membership is available to anyone who registers all required information, provides an accurate,
legitimate electronic mail address, and obtains a unique DoYourOwnSite! Username and password.
The Company does not discriminate on the basis of age, gender, or ethnicity. Each Member is allowed to
have only one Membership with the privileges associated with such Membership. The Company allows one
registered Membership per legitimate electronic mail address. Any exceptions, including the use of one
electronic mail address by multiple users, must be approved by the Company. Membership is intended for
use only by the register Member and is non-transferable. Please see the "Termination of Service" clause
below for additional Membership information.
3. Member Web Page Guidelines
3.1. The Company is not responsible for the content of any Member web pages.
The views expressed on any Members' web pages hosted by the Company are the responsibility of the Member
who used our system to create them and not the responsibility of the Company. The Company reserves the right
to inspect all Member web pages for material which, at the sole discretion of the Company is considered to be
objectionable, offensive or in any way undesirable.
3.2. The Company has no obligation to provide phone support or other additional support services to the Member.
3.3. The Company reserves the right to remove any page from the Site at any time without notice.
3.4. Web sites offered by the Company can have unlimited content size potential.
For this reason the Company reserves the right to adjust the fee due at the next renewal date if it is
found that the content has become unacceptably great. Changes to the price charged for the service will come
into force at the next normal payment date.
3.5. The Company provides space for Member web pages but makes no implied or express warranties about the
reliability of these pages.
The Company is not responsible for any damage caused by loss of access to, or deletion or alteration of
Member pages.
3.6. The following is a non-exclusive list of actions and content that are not permitted on the Site:
- Any use of copyrighted material without the express permission of the author or owner. With specific regard
to issues of software piracy and copyrighted material, please see section 6. below.
- Pages that exploit the images of children under 18 years of age.
- Material that is grossly offensive to the DoYourOwnSite! community, including clear expressions of bigotry,
racism, or hatred.
- Pages that promote illegal activity.
- Material that defames, abuses or threatens others.
- Pages that contain material inconsistent with the values of the spirit of the DoYourOwnSite! Community.
- Use of a Member Web page as storage for remote loading.
- Making available copyrighted software which has been "cracked" - i.e., the copyright protection has been
removed from the software;
- Making available serial numbers for software which can be used illegally to validate or register software;
- Making available tools, which can be used primarily for "cracking" software (this does not include tools
that have legitimate uses for software developers, system administrators, etc.).
- Distribution of any other material that may involve a breach of copyright. (for example, music)
4. Rules for Online Conduct
4.1. The Member agrees not to include any electronic mail postings or web page content (together "Postings")
that contain any of the following material:
- Material that defames, abuses or threatens others.
- Statements that are bigoted, hateful or racially offensive.
- Material that advocates illegal activity.
- Material that contains obscene content.
- Advertising or any form of commercial solicitation other than advertising in accordance with any applicable
advertising standards and codes of conduct in connection with the Members own DoYourOwnSite! hosted web site or
on a basis consistent with the Company's Member web page templates.
4.2. The Member agrees to ensure that all content has been reviewed by the Member before it appears on the Site.
4.3. The Company reserves the right to edit, delete, or move any Postings.
5. Privacy
5.1. The Company will keep confidential any information it holds about a Member which is of a confidential
nature and not supplied for inclusion on the Site.
The Company reserves the right to distribute aggregated demographic information provided by Members, but will
not release the name or other personal information about a Member unless the Member gives its permission or it is
required to do so by law or other competent authorities or this is required in the course of its administration
on the Site.
5.2. The exchange between the Company and the Member of information such as passwords or electronic mail may
not be secure given the current state of the Internet.
The Company encourages Members to change their passwords frequently.
5.3. Postings and other communications with the Company in the Membership area
of the Site are not private and may be published and edited at the discretion of the Company.
6. Copyrighted Material
6.1. All material on the Site, including, without limitation, text, software, photos, video, graphics, music
and sound, are protected by British and international copyright laws, both as individual works and as a collection.
Unless otherwise stated, the downloading or use of copyrighted material provided by the Company or a third-party
content provider is allowed by Members for its own internal business use only. Members may not copy (save in
connection with their genuine internet business use), reproduce, retransmit, distribute, publish, commercially
exploit, or otherwise transfer any such copyrighted material in any format, electronic or otherwise.
6.2. No material protected by copyright may be placed on the Site or the Membership area without the express
permission of the author or owner of the copyright on that material.
6.3. The Member shall not itself remove its page or pages from the Site, nor shall it transfer or copy its
page or pages to any other site on the internet.
6.4. If the Company becomes aware of the presence of copyright infringing material on its server either in
the course of its ordinary and reasonable business activities, or through notification by a third-party of the
alleged presence of such materials, or as the result of a content scan the Company will:
- Contact the Member responsible for the page and alert him or her of the allegations of copyright infringement
and notify the Member that within five days he or she must respond explaining why the allegedly infringing material
does not constitute infringement of copyright. The Company will also alert the Member that in the absence of such a
response, the Company reserves the right to delete the page; and
- If the Member fails to respond within five days, the Company may remove the page. If the alerted party responds
to the allegations and claims the page is not infringing, the Company may either forward the response to the third
party alleging the infringement, or remove the page or both.
If in its sole discretion, the Company concludes that one of its Member web pages contains a severe copyright
violation, the Company reserves the right to delete the offending web page or site at any time without notice.
7. Limitations of Liability and Warranty
7.1. The Member agrees that the use of the Site is entirely at the Member's own risk.
- The Site is provided on an "as is" basis without warranties of any kind, either express or implied. The Member
acknowledges that the free trial periods are provided to assist the Member to satisfy itself about the site.
- Neither the Company nor any third-party content provider makes any warranty with respect to any content, information,
services, or products provided through or in conjunction with the Site.
- The Company and third-party content providers make no guarantee of the accuracy, correctness, or completeness of any
information on the site and are not responsible for:
- any errors or omissions arising from the use of such information;
- any failures, delays, or interruptions in the delivery of any content or services contained within the Site; or
- any losses or damages arising from the use of the content or services provided by the Site.
7.2. On no account shall the Company have any liability to the Member for consequential, special, economic or
indirect loss, for loss of savings or goodwill or for loss of revenue.
The aggregate liability of the Company to the Member arising in any calendar year in connection with the Site, shall
not exceed the sums passed by the Member to the Company in that year in respect of the Site. Nothing in these Terms &
Conditions shall limit or exclude the liability of the Company for death or personal injury due to its negligence.
7.3. The Member specifically agrees that the Company or third-party content providers are not liable for any
conduct by Members associated with the Site, including, but not limited to, Member web pages, Member profiles,
surveys, chat rooms or message boards.
8. Indemnity
8.1. The Member agrees to indemnify the Company and any third-party information provider against any and all
claims and expenses, including legal fees, arising from the Member's use of the Site. This expressly includes:
- Member's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and
- any libellous or unlawful material contained within Member web pages, profiles, or Postings.
9. Termination of Service
9.1. The Company may terminate Membership and any and all information, communications, Postings, or web pages
at any time, without notice, for conduct that violates these Terms & Conditions or other policies or guidelines set
out by the Company elsewhere on the Site.
The Company may terminate Membership and delete any and all information, communications, Postings, or web pages
for online conduct that the Company believes is harmful to other Members, the business of the Company, or other
third-party information providers. No refund of payments will be offered on a termination of Service, save that where
the company terminates a Membership on grounds not resulting from a fault of the Member the Company may at its sole
discretion refund a part of the price paid for the Membership as the Company considers reasonable in the circumstances.
10. Force Majeure
10.1. If and to the extent that the Company is hindered or prevented by circumstances not reasonably foreseeable
or beyond its reasonable control from performing any of its obligations under this Agreement then it shall be relieved
of its liability to the Member for failure to perform such obligations.
11. Notice
11.1. All notices under this Agreement shall be in writing, sent by [telex, facsimile, email, first class, special
or recorded post or email] to the notices sent by receiving party at such address as has been notified to the other party.
In the case of first-class post the date of service shall be deemed to be the day on which the notice posted. In the
case of notices sent by telex, facsimile or email the date of service shall be deemed to be the day on which the notice
was transmitted, subject to a satisfactory transmission being obtained. In the case of notices sent by special or recorded
delivery the date of service shall be deemed to be the date of delivery.
12. Choice of Law
12.1 The Agreement shall be governed by and construed in accordance with the laws of England and shall be subject to
the exclusive jurisdiction of the English Courts.
13. Entire Agreement
13.1 These Terms & Conditions constitute the entire agreement between the parties with respect to their subject matter
and supersede any other agreement, proposals and communications, written or oral, between the Company representatives and
the Member.
The Company may amend or supplement these Terms & Conditions at any time on notice to the Member as published on the Site.