Planet Earth Webs Terms and Conditions

Planet Earth Webs, hereafter referred to as “Planet Earth Webs”, "Our", "We", "PLANET EARTH WEBS ", "PEW".

By Logging into your account or accessing your domain you, ("the client" aka "account holder") hereby indicate your acceptance of these terms and conditions.

Terms and Conditions of Service

Planet Earth Webs Provide Web Hosting, Web Site Design, Database system design, Email services, Hosting and Domain Registration Services as described on our web site. We reserve the right to refuse service to any company or individual at our sole discretion. We reserve the right to terminate or suspend your account if you fail to abide by our Terms and Conditions or Special Terms Use Policy. If your account is closed all files you have stored on our servers (including Web Pages and Databases) will be deleted. We reserve the right to quarantine or delete any file (including email messages) found by our Antivirus Tools to contain a virus, worm, Trojan or other malicious application.

Server Use

Accessing the database system, you confirm you have prior authority from The Client and you accept total responsibility for all data, content, protection and changes made to data. The Client is both Data Controller and Data Processor. Further you confirm you have a personal User Name and Password. Use of a User Name and Password that is not allocated specifically to you is a breach of terms.The Client, absolves the database system writer of any responsibility for all data especially  data downloaded by third parties and used for example  in availability calendars for properties.

You the Client also agree not to copy or allow to be copied, the database, database system and database structure or other files in whole or part without the prior permission of Planet Earth Webs. Planet Earth Webs will provide with 72 hours written notice, a CSV file, or  if required in another format, a file containing the Clients Data.

Web Hosting and Services Accounts are to be used by the Account holder only. Account holders are not permitted to resell, sublet, allow access to, store or give away web hosting or services to other parties. (Unless they have contracted our Reseller Hosting Plan.) Account holders may not allow third parties to store content on their web space except where this content forms part of the Account Holders own web site, eg: Banner/Classified Adverts, visitor comments or social media applications, in such cases the site owner assumes full responsibility for all content their users publish and must ensure it is not libellous and does not infringe the copyrights or intellectual property of others.

All Planet Earth Webs files stored or accessed on the Clients own hosting service remain the property of Planet Earth Webs, Web Hosting Accounts & Dedicated Servers must be used in such a way as to ensure that account holder’s web site does not compromise our servers or network or affect the provision of service for other customers

Account Holders must take reasonable steps to ensure their Account Details including Usernames and Passwords are not divulged to any third parties. Account Holders should never give out their Usernames and Passwords to any third party.

Account Holders must not use their Web Hosting or Dedicated Servers to send Unsolicited Commercial Email (SPAM). The definition of Spam is the sending of any unsolicited commercial email to a person who has not requested such message and/or who has not had a previous business relationship with the recipient. This definition is irrespective of the volume of messages sent, however we also forbid the sending of large volumes of unsolicited non-commercial email as this may compromise the network or servers.

Account Holders should not use their account to impersonate others or attempt to again unauthorised access to other people's accounts. Any use of our servers for unlawful activities including but not limited to hacking, perpetrating denial of service attacks, spamming, spoofing etc. will result in the immediate termination of the client's account.

Server Content

Planet Earth Webs does not permit any of the following to be stored on its server

·         Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.

·         Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Planet Earth Webs.

·         Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

·         Gaming websites - Includes pirated software, software downloads etc., and encrypting of any of the above.

·         Any content which is, racist, sexist, homophobic, libellous, or which incites violence against another individual, group of people or a commercial or non-commercial organisation.

·         Content which may be interpreted as Illegal, Money laundering, Tax Evasion, Child Pornography, Child Exploitation. The designation of this is left entirely to the discretion of Planet Earth Webs.The client remains wholly responsible for any content published to the web space or server.

Where the database, database system is hosted by the Client, server or file access is ABSOLUTELY limited to  the Client and no other third party. Should the Client wish to allow access to his server to a third party, the Client will notify Planet Earth Webs at least 48 hours in advance, to allow Planet Earth Webs files to be removed.

Database System - Third Party Use and Data

Web applications, Services Accounts are to be used by and for the Account holder only. Account holders are not permitted to resell, sublet, allow access to, store or give away web based services to other parties or use the applications for the third parties web offering or presence. (Unless they have contracted a Software Release Plan.) Account holders may not allow third parties to store content or data on their web space except where this content is solely used for the Account Holders own web site.

The Account holder shall not offer to Third Parties either directly or indirectly the use of "the software" to store or process the Third Party data, specifically not to sub-let the software application where the majority of data stored is for the use of the third party data, even if the data is entered into the Database system by the Account Holder. Planet Earth Webs does not permit the use of its software by third parties or use of the software to process record sets on behalf of third parties.

Planet Earth Webs accepts no responsibility for any loss of data however caused, but will use best endeavours to recover from a data loss. Planet Earth Webs is not responsible for the Client data in any way, and any corruption however caused, including by the use of a Planet Earth Webs database system, but will use best endeavours to recover the data.

Data Back-up

Unless previously agreed Planet Earth Webs does not perform automatic Back-ups of Web Sites Services or data hosted, it is recommended you maintain your own independent copy of all your web site files and data on your local computers. In the event that Data Loss was caused by Planet Earth Webs then we will attempt to restore the data free of charge if available.

Emergency recovery or Data Back-up is an optional additional service for Dedicated Hosting and database system Clients, and Data Recovery is included the Data Back-up service.

Back-ups are held for 30 days. Whilst every effort is made to ensure the security and integrity of your data stored Planet Earth Webs is not liable for any loss or corruption of data.

All persons authorised to use the Database system will be allocated an individual user name and password, that will also have IP address identification. No user name or password should be shared. PEW will at any time or instruction by the Client set up a new user account.

Domain Registration Services

Domains are registered in accordance with ICANN and Nominet rules and regulations. The Registrant (The Client) must provide true and accurate information when registering their domain name and notify The Registrar Nominet of any changes to this information to ensure its continued accuracy. All domains are registered with ICANN, and REGISTRAR and are subject to their terms and conditions in addition to our own. Domains are registered and renewed for a period of 2 years at a time, and while the registration is current the Client can exercise their rights by application to ICANN at any time.

Transfers in (where a domain registered with a different Registrar is transferred to Planet Earth Web’s Registrar) and Transfers out (where a domain registered in Planet Earth Webs’s current Registrar  is transferred away from PLANET EARTH WEBS to another provider.)

 Can only be made after at least 60 days have elapsed since the domain was registered and where there are at least 45 days still to run on the current registration term. Transfers out are also subject to the "Special Terms and Conditions". All domain transfers and transfer requests are subject to the special term and conditions of Planet Earth Webs.

Should a domain not be renewed at least 48 hours prior to its expiry date it will enter what is known as a “Redemption Period” during this time the domain cannot be registered by anyone else, however if the client wishes to renew it he/she must pay the Redemption Fee of £150 plus the regular cost of renewal.

Website Design & Development

All website design and development work is agreed in advance with the client. The project proposal will include the details and objectives of the project and its limits. Once the agreed project objectives have been reached full payment is due. Payment must be made before publication of the website or new content. We are not liable for the failure to publish content if the Client fails to provide correct FTP details, transfer their domain to Planet Earth Webs or point their Domain Name Servers as directed.

After going live it is the client's responsibility to check the web site and database for mistakes and omissions and report them back to Planet Earth Webs within 7 days. Any mistakes or omissions not reported after this time frame will be billed as updates to the web site.

Web Sites remain under guarantee, free from bugs and coding errors for a period of 1 year provided it remains hosted exclusively by Planet Earth Webs and that no-one other than Planet Earth Webs employees or agents carry out modifications to the website source code.

Planet Earth Webs retain all intellectual property rights to the source code written for customer websites, the code is licensed to the client for their use on a single website only. Except where identified in  these conditions (includes but not limited to the "database system")The client owns their site content, except for images and video that may have been licensed for use, in which case these images and video remain the property of their respective owners and the client enjoys a non-exclusive royalty-free right to use said images and videos.

Database Platform

All websites using the Planet Earth Database System shall comply without exception to the "Special Terms and Conditions", used to protect our software. This is to protect our software platform, and all domains using the "Database system" shall by hosted on the PLANET EARTH WEBS  current platform.

Technical Support

Technical Support is available by phone Monday to Friday 10:00 to 17:00 UK time. Outside these hours or if lines are busy, support is available 24 hours a day 7 days a week via Email and Our Web Site.

Technical Support includes assistance with using our servers and services, unless your website was produced by Planet Earth Webs and remains under warranty, it does not include assistance with the design, programming or debugging of your web site. However, this service is available upon request and billed at 42 Euros per hour (minimum 1 hour). On-site support is not included with hosting contracts, in some cases we may be able to provide this service for an additional fee..

Payment Terms

All accounts are prepaid in advance. In the case of Recurring Payments, Clients will need to automatically pay the required amount. (Unless they have previously cancelled their account.) Should an invoice remain outstanding for more than 5 days beyond its due date then the account will be suspended and may be terminated without notice. This means that your web site and any data stored on your server space could be deleted if an invoice is not paid on-time.

Domain Names will not be renewed unless payment for the renewal is received at least 48 hours prior to the expiry date. If a domain is not renewed in time it will enter the redemption period (see Domain Registration Services Section Above).

Payment can be made by cash, cheque or by Bank Transfer. We can accept checks made out in Pounds Sterling or Euros.

Cancellations and Refunds

Customers may cancel their accounts at any time, though no refunds will be made for time remaining on the contract. Except during the first 14 days of service during which you may cancel your web hosting account at any time and request a full refund provided:

·         You have not exceeded more than 1GB of Data Transfer

·         You have not previously held an account with Planet Earth Webs and no other account has previously been registered to the same street address.

·         You have not had your account suspended or terminated for breach of our Terms and Conditions.

If you cancel your account you will loose any promotional services which were included with your account. The money back guarantee does not apply to: Domain Registrations, Renewals or Transfers, Web Forwarding, Domain Aliases, Custom Programming, Data Restoration.

Disclaimer

The Client agrees to indemnify Planet Earth Webs against of any damages arising from the use or misuse of these services.

Planet Earth Webs will not be held responsible for any damages your business may suffer. Planet Earth Webs makes no warranties express or implied for the services we provide and we disclaim any warranty or suitability of purpose. This includes but is not limited to: data loss, domain loss, your web site or email being unavailable, delays, wrong delivery, service interruptions caused by Planet Earth Webs its employees suppliers, clients or any third party. Planet Earth Webs Reserves the right to revise these terms and conditions at any time without notice. 

Continued use of the "Database System"  will automatically be deemed acceptance of there terms.

Clients moving or attempting to "Transfer Out" domains away from PLANET EARTH WEBS  account, outside the defined process within these terms and conditions,  are immediately in default of these conditions.

Terms and Conditions - Default or breach by the Client.

A Client in default or breach, is breaking any of the terms and conditions in either the "General" or "Special Terms and Conditions" (as defined). PLANET EARTH WEBS  if requested by ICANN representing "the Client", assist in returning their domains to any Registrar or account, by complying with the specific  ICANN domain resolution request by ICANN immediately. This process is only started and by the Client here https://www.icann.org . PLANET EARTH WEBS  will respond to in the timescales of ICANN.

No other PLANET EARTH WEBS  help or assistance will be offered. This is in a default or breach situation by the Client, and PLANET EARTH WEBS  wishes no further contact with the Client or their Agents, or their website or data. Clients risk this without future warning, we cant stress this any more. PLANET EARTH WEBS  database platform is protected to the full extent by your correct use of the software, and this being your total compliance to these terms and conditions.

The client must make their own arrangements with ICANN to move their domain from the PLANET EARTH WEBS. All ICANN requests will executed in a timely manner.

Planet Earth Webs Special Terms and conditions

Database system ("the software" and "additional software", "database") Database System Proprietary software These terms and conditions to be read as additional to the General Terms and Conditions.

The Client must adhere to  these special  conditions in full, or "the software"  will be removed. There is no negotiation of these terms and they apply in full. This is for the protection of our database software.

Where "the software" is utilised on a Client website, to protect "the software" from being copied deleted or distributed to a third party, the Client  agrees to the following:

You indicate acceptance of these terms and conditions of service by placing services and hosting with PLANET EARTH WEBS. These terms and conditions will not be varied for individual customers. In event of it being necessary to change the terms and conditions of hosting, you will be considered to have accepted the changes if any of the following conditions apply. 7 days have passed from the date that the new terms and conditions were posted, or if you have logged on to the hosting service and / or database system, and /or continue to do so.

PLANET EARTH WEBS can restrict access to the files  available by FTP or other means or Prevent access to the software available by FTP or other means

In the event of a client attempting to copy the software,  they are deemed to be in default of this agreement, PLANET EARTH WEBS will remove total access to the server. The client may reclaim their domain using the ICANN domain recovery process. PLANET EARTH WEBS will have no part on this process.

PLANET EARTH WEBS is authorised by the Client to remove  "the software" from the client account.

The Client  agrees that PLANET EARTH WEBS may, from time to time, suspend the Web Hosting Services at our discretion, or temporarily restrict change access to the domain and database software  by any means PLANET EARTH WEBS chooses, while they carry out "the software" protection or modification  process.

PLANET EARTH WEBS at any time  during software upgrades  has the right to  temporarily restrict change access to the domain and database software  by any means they choose, to carry out the  protection process.   On completion the restrictions will be reversed.

The Client undertakes not to attempt to transfer the database system files (a list can be provided on request) until final removal of the PLANET EARTH WEBS  software has been confirmed in writing by PLANET EARTH WEBS . This confirmation has allowed sufficient time for PLANET EARTH WEBS  to remove "the software" from the client domain in a structured manner and leave the domain in a working build standard. 

All transfer requests will be treated on an individual basis . The client can apply to ICANN for transfer of the domain at any time. Be aware an ICANN instruction to transfer the domain will result in immediate file loss from both the website and database system. PLANET EARTH WEBS  undertakes to complete this task, and make the new files available to the client where possible.

If the above conditions are applied in any circumstances, PLANET EARTH WEBS reserves the right to cease services to the Client. In addition to any other right of termination, PLANET EARTH WEBS may terminate the Clients use of  "the Software" at any time.

The Client acknowledges and agrees that PLANET EARTH WEBS or its agents, assignees or licensees may associate, data restrictions  of any kind, at PLANET EARTH WEBS sole discretion, with the Domain Name registered in association with your services and hosting. This paragraph shall apply to any and all web and database pages generated by PLANET EARTH WEBS or its affiliates, including but not limited to 404 error page

The Client agrees and accepts that for reasons of security PLANET EARTH WEBS will remove all their files affected by the transfer of a domain name.

 

 

History of this document

Created 17th May 2014

Last previous update 6th April 2016

Last Updated 22nd January 2019

Last Updated 28th March 2019

This Document copyright © Planet Earth Webs 2009-2019

 

  Booking and Availability calendar Software Overview Car Hire rental booking system software Contact Us
  Rental Apartment Calendar Availability Demo Rental booking System Pricing Options  
  Single Apartment or Villa Rental Booking Software Rental Cleaning scheduling module Cookies
  Multiple Apartment or Villa Rental Booking Software Finance and Payment Scheduling Module The Legal Bit  
  Personalise your Calendar and availability Software Planet Earth Webs Tenerife  

All information is copyright © 2019 of Planet Earth Webs Tenerife & UK