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indicate acceptance of these terms and conditions of service
by placing an order with Web Hosting UK. These terms and
conditions will not be varied for individual customers.
1
DEFINITIONS
1.1 In this Agreement the following words and expressions
shall have the following meanings: 1.1.1 "downtime" means
any service interruption in the availability to visitors
of the Website; 1.1.2 "intellectual property rights" means
patents, trade marks, design rights, applications for any
of the foregoing, copyright, topography rights, database
rights, rights in know-how, trade or business names and
other similar rights or obligations, whether registrable
or not in any country; 1.1.3 "Web Hosting UK" means Web
Hosting UK.org 1.1.4 "IP address" stands for internet protocol
address which is the numeric address for the server; 1.1.5
"ISP" stands for internet service provider; 1.1.6 "server"
means the computer server equipment operated by Web Hosting
UK in connection with the provision of the Services; 1.1.7
"the Services" means web hosting, domain name registration,
email and any other services or facilities provided by Web
Hosting UK. 1.1.8 "spam" means sending unsolicited and/or
bulk emails; 1.1.9 "virus" means a computer programme that
copies itself or is copied to other storage media, including
without limitation magnetic tape cassettes, memory chips,
electronic cartridges, optical discs and magnetic discs,
and destroys, alters or corrupts data, causes damage to
the user's files or creates a nuisance or annoyance to the
user and includes without limitation computer programs commonly
referred to as "worms" or "trojan horses"; 1.1.10 "visitor"
means a third party who has accessed the Website; 1.2 Product
specifications and details may be found at www.web-hosting-uk.org.
1.3 Words denoting the singular shall include the plural
and vice versa and words denoting any gender shall include
all genders. 1.4 The headings of the paragraphs of this
Agreement are inserted for convenience of reference only
and are not intended to be part of or to affect the meaning
or interpretation of this Agreement.
2 INTRODUCTION
2.1 The Customer wishes to provide Web Hosting UK with data
that will be hosted on Web Hosting UKs servers and made
accessible via the Internet. 2.2 Web Hosting UK provides
web hosting services and has agreed to host the Customer's
data upon the following terms and conditions.
3 DUTIES
3.1 Web Hosting UK shall provide to the Customer the Services
specified in their order subject to the following terms
and conditions. 3.2 The Customer shall deliver to Web Hosting
UK the Website and the software used in the Website which
is owned by the Customer, or licensed to him by a third
party or Web Hosting UK ("the Customer Software), in a format
specified by Web Hosting UK.
4 CHARGES ,PAYMENT AND MONEY BACK GUARANTEE
4.1 Payment methods include paypal, cheques, and direct
debits. 4.2 Web Hosting UK does not accept any other form
of payment other than those outlined in 4.1 4.3 The Charges
are exclusive of VAT, which if payable shall be paid by
the Customer. 4.4 Web Hosting UK shall be entitled to charge
interest in respect of late payment of any sum due under
this Agreement, which shall accrue from the date when payment
becomes due from day to day until the date of payment at
a rate of 8% per annum above the base rate of the Bank of
England from time to time in force. 4.5 Web Hosting UK does
not provide credit facilities. 4.6 From time to time Web
Hosting UK may make enquiries on the Customers company,
proprietor or directors of the Customers company with credit
reference agencies. These agencies may record that a search
has been made and share this information with other businesses.
4.7 Web Hosting UK provide "Money Back Guarantees" on certain
products. Should your product qualify for this guarantee
please send an email to chrismorganartworks@btopenworld.com
within 30 days of placing your order for a full refund.
This guarantee excludes payments for domain names which
may not be cancelled once ordered. 4.8 Pro-rata refunds
will not be issued for yearly services that are cancelled
before then end of the year.
5 IP ADDRESSES
5.1 Web Hosting UK shall maintain control and ownership
of the IP address that is assigned to the Customer as part
of the Services and reserves the right in its sole discretion
to change or remove any and all IP addresses. 5.2 Where
Web Hosting UK changes or removes any IP address it shall
use its reasonable endeavours to avoid any disruption to
the Customer.
6 SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer requires use of software owned by or
licensed to Web Hosting UK ("Web Hosting UKs software")
in order to use the Services, Web Hosting UK grants to the
Customer and its employees, agents and third party consultants
and contractors, a royalty-free, world-wide, non-transferable,
non-exclusive licence to use Web Hosting UK Software in
object code form only, in accordance with the terms of this
Agreement. For the avoidance of doubt, this Agreement does
not transfer or grant to the Customer any right, title,
interest or intellectual property rights in Web Hosting
UK Software. 6.2 In relation to Web Hosting UKs obligations
under this Agreement in connection with the provision of
the Services, the Customer grants to Web Hosting UK a royalty-free,
world-wide, non-exclusive licence to use the Customer Software
and all text, graphics, logos, photographs, images, moving
images, sound, illustrations and other material and related
documentation featured, displayed or used in or in relation
to the Website ("the Content"). For the avoidance of doubt,
this Agreement does not transfer or grant to Web Hosting
UK any right, title, interest or intellectual property rights
in the Customer Software or the Content. 6.3 The Customer
undertakes that he will not himself or through any third
party, sell, lease, license or sublicense Web Hosting UK
Software. 6.4 Web Hosting UK may make such copies of the
Customer Content as may be necessary to perform its obligations
under this Agreement, including back up copies of the Content.
Upon termination or expiration of this Agreement, Web Hosting
UK shall destroy all such copies of the Content and other
materials provided by the Customer as and when requested
by the Customer.
7 SERVICE LEVELS AND DATA BACKUP
7.1 Web Hosting UK shall use its reasonable endeavours to
make the server and the Services available to the Customer
100% of the time but because the Services are provided by
means of computer and telecommunications systems, Neptune
Web Hosting makes no warranties or representations that
the Service will be uninterrupted or error-free and Neptune
Web Hosting shall not, in any event, be liable for interruptions
of Service or downtime of the server. 7.2 Web Hosting UK
carries out data backups for use by Web Hosting UK in the
event of systems failure. Web Hosting UK do not provide
data restoration facilities for individual customers. Even
though every effort is made to ensure data is backed up
correctly Web Hosting UK accepts no responsibility for data
loss or corruption.
8
ACCEPTABLE USE POLICY
8.1 The Website and use of the Services may be used for
lawful purposes only and the Customer may not submit, publish
or display any content that breaches any law, statute or
regulation. In particular the Customer agrees not to: 8.1.1
use the Services or the Website in any way to send unsolicited
commercial email or "spam", or any similar abuse of the
Services; 8.1.2 send email or any type of electronic message
with the intention or result of affecting the performance
of any computer facilities; 8.1.3 publish, post, distribute
or disseminate defamatory, obscene, indecent or other unlawful
material or information, or any material or information
which infringes any intellectual property rights (for the
avoidance of doubt this includes licensed software distributed
as Warez), via the Services or on the Website; 8.1.4 threaten,
abuse, disrupt or otherwise violate the rights (including
rights of privacy and publicity) of others; 8.1.5 engage
in illegal or unlawful activities through the Services or
via the Website; 8.1.6 make available or upload files to
the Website or to the Services that the Customer knows contain
a virus, worm, trojan or corrupt data; or 8.1.7 obtain or
attempt to obtain access, through whatever means, to areas
of Web Hosting UKs network or the Services which are identified
as restricted or confidential. This includes leaving your
home directory whilst using SSH access to servers. 8.1.8
operate or attempt to operate IRC bots or other permanent
server processes. 8.2 The Customer has full responsibility
for the content of the Website. For the avoidance of doubt,
Web Hosting UK is not obliged to monitor, and will have
no liability for, the content of any communications transmitted
by virtue of the Services. 8.3 If the Customer fails to
comply with the Acceptable Use Policy outlined in Clause
8.1 Web Hosting UK shall be entitled to withdraw the Services
and terminate the Customer's account without notice.
9 ALTERATIONS AND UPDATES
All alterations and updates to the Website shall be made
by the Customer using the online account management facility,
FTP access or SSH access where available. The Customer will
be issued with a user name and password in order to access
the account. The Customer must take all reasonable steps
to maintain the confidentiality of this user name and password.
If the Customer reasonably believes that this information
has become known to any unauthorised person, the Customer
agrees to immediately inform Web Hosting UK and the password
will be changed.
10
WARRANTIES
10.1 The Customer warrants and represents to Web Hosting
UK that Web Hosting UKs use of the Content or the Customer
Software in accordance with this Agreement will not infringe
the intellectual property rights of any third party and
that the Customer has the authority to license the Content
and the Customer Software to Web Hosting UK as set out in
Clause 6.2. 10.2 All conditions, terms, representations
and warranties that are not expressly stated in this Agreement,
whether oral or in writing or whether imposed by statute
or operation of law or otherwise, including, without limitation,
the implied warranty of satisfactory quality and fitness
for a particular purpose are hereby excluded. In particular
and without prejudice to that generality, Web Hosting UK
shall not be liable to the Customer as a result of any viruses
introduced or passed on to the Customer.
11
INDEMNITY
The Customer agrees to indemnify and hold Web Hosting UK
and its employees and agents harmless from and against all
liabilities, legal fees, damages, losses, costs and other
expenses in relation to any claims or actions brought against
Web Hosting UK arising out of any breach by the Customer
of the terms of this Agreement or other liabilities arising
out of or relating to the Website.
12 LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions shall exclude
or limit Web Hosting UKs liability for death or personal
injury resulting from Web Hosting UKs negligence or that
of its employees, agents or sub-contractors. 12.2 The entire
liability of Web Hosting UK to the Customer in respect of
any claim whatsoever or breach of this Agreement, whether
or not arising out of negligence, shall be limited to the
charges paid for the Services under this Agreement in respect
of which the breach has arisen. 12.3 In no event shall Web
Hosting UK be liable to the Customer for any loss of business,
loss of opportunity or loss of profits or for any other
indirect or consequential loss or damage whatsoever. This
shall apply even where such a loss was reasonably foreseeable
or Web Hosting UK had been made aware of the possibility
of the Customer incurring such a loss.
13
TERM AND TERMINATION
13.1 This Agreement will become effective on the date the
service is ordered and shall continue until terminated by
either party in writing of its intention to terminate the
Agreement. 13.2 Web Hosting UK shall have the right to terminate
this Agreement with immediate effect by notice in writing
to the Customer if the Customer fails to make any payment
when it becomes due. 13.3 Either party may terminate this
Agreement forthwith by notice in writing to the other if:
13.3.1 the other party commits a material breach of this
Agreement and, in the case of a breach capable of being
remedied, fails to remedy it within a reasonable time of
being given written notice from the other party to do so;
or 13.3.2 the other party commits a material breach of this
Agreement which cannot be remedied under any circumstances;
or 13.3.3 the other party passes a resolution for winding
up (other than for the purpose of solvent amalgamation or
reconstruction), or a court of competent jurisdiction makes
an order to that effect; or 13.3.4 the other party ceases
to carry on its business or substantially the whole of its
business; or 13.3.5 the other party is declared insolvent,
or convenes a meeting of or makes or proposes to make any
arrangement or composition with its creditors; or a liquidator,
receiver, administrative receiver, manager, trustee or similar
officer is appointed over any of its assets. 13.4 Any rights
to terminate this Agreement shall be without prejudice to
any other accrued rights and liabilities of the parties
arising in any way out of this Agreement as at the date
of termination. 13.5 On termination all data held in the
customers account will be deleted.
14 ASSIGNMENT
14.1 Web Hosting UK may assign or otherwise transfer this
Agreement at any time. 14.2 The Customer may not assign
or otherwise transfer this Agreement or any part of it without
Web Hosting UKs prior written consent.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to
perform any of its obligations if the delay or failure results
from events or circumstances outside its reasonable control,
including but not limited to acts of God, strikes, lock
outs, accidents, war, fire, the act or omission of government,
highway authorities or any telecommunications carrier, operator
or administration or other competent authority, the act
or omission of any Internet Service Provider, or the delay
or failure in manufacture, production, or supply by third
parties of equipment or services, and the party shall be
entitled to a reasonable extension of its obligations after
notifying the other party of the nature and extent of such
events.
16
SEVERANCE
If any provision of this Agreement is held invalid, illegal
or unenforceable for any reason by any Court of competent
jurisdiction such provision shall be severed and the remainder
of the provisions hereof shall continue in full force and
effect as if this Agreement had been agreed with the invalid
illegal or unenforceable provision eliminated.
17 NOTICES
Any notice to be given by either party to the other may
be sent by either email, fax or recorded delivery to the
address of the other party as appearing in this Agreement
or such other address as such party may from time to time
have communicated to the other in writing, and if sent by
email shall unless the contrary is proved be deemed to be
received on the day it was sent or if sent by fax shall
be deemed to be served on receipt of an error free transmission
report, or if sent by recorded delivery shall be deemed
to be served 2 days following the date of posting.
18 ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the
parties relating to the subject matter and supersedes any
previous agreements, arrangements, undertakings or proposals,
oral or written. This Agreement may be updated without notice.
19 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance
with the law of England and the parties hereby submit to
the exclusive jurisdiction of the English courts.
20
DOMAIN NAME REGISTRATION
20.1 Domain names are not deemed to be successfully registered
until they appear in the relevant whois database of the
top level domain name registrar. In the event that a domain
name is unavailable when we attempt to register it Web Hosting
UK will provide a full refund for that domain name. 20.2
Please return to the main terms and conditions area of this
website to view terms and conditions for individual domain
name registrars.
21 SCRIPTING
Heart Internet are not responsible for customer programming
issues other than ensuring that programming laungages such
as Perl, PHP and ASP are installed and functioning on the
web hosting system.
22 PRIVACY
To protect your privacy we will not distribute your details
to third parties, unless required to do so by law.
23 DATA TRANSFER
23.1 Web hosting accounts include a certain amount of data
transfer, if you exceed this amount in any one month your
account will be deactivated until you have upgraded to an
account that has more data transfer included. 23.2 Web hosting
accounts that are prohibited from hosting file distribution
websites, adult content orientated websites, hosting banners,
graphics or cgi scripts for other websites, storing pages,
files or data as a repository for other websites, reselling
or giving away web space under a domain, sub domain or directory.
24
SERVER USUAGE
Should your account use more than 5% of the servers processing
power and as a result have a detrimental effect on other
customers we will discuss with you alternative solutions
for your hosting requirements.
25 EMAIL NEWSLETTER
Web Hosting UK communicates with it's customers via email
and as such you agree to receive by email our regular newsletter
which contains amongst other things changes to our terms
and conditions, notification of major outages, updates to
our products & features and special offers.
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Terms Of Use