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Web Site Hosting UK

 
 

Term and Conditions

Terms and Conditions of Service: 1 Website Hosting ("The Company")

Overview
The company reserves the right to suspend or cancel a customer's access to any or all services provided by us when we decide that the account has been inappropriately used or otherwise.

We allow users to use webspace provided by us for both private and commercial use.

1web site hosting do not allow any of the following to be stored on our virtual servers:

Adult Material
This includes all pornography, erotic images, or other obscene content. The designation of "adult material" is left entirely to the discretion of 1 Web site Hosting.

Illegal Material
We do not allow under any circumstance's illegal material to be stored on our servers, such as copyrighted works, illegal MP3 Sites, or Warez sites, this also includes any sites which provide "links to" or "how to" information about such material

Data stored on our servers is not guaranteed to be backed up. It is highly recommended that you keep an independent backup of all data stored on your virtual server.

SPAM AND UNSOLICITED COMMERCIAL EMAIL (UCE)
We take a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of may not use or permit others to use our network to transact in UCE. Customers may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Terms and Conditions
1. PAYMENT
1.1 All Accounts (individual named accounts of customers) are set up on a Prepay Period "Commencement Fee" basis. No work will be carried out until payment has been received and cleared in the Company account. The Company accepts no liability for delayed completion or delivery of the site arising as a result of late payment.

1.2 The Prepay Period means (the period of one month after the Account has been set up) Thereafter the Second Phase shall mean (the period commencing after the Prepay Period has ended up to the first anniversary year/month of the Account )
The Third Phase shall mean (the period after the first anniversary year/month of the account up to the second anniversary year/month of the Account ) etc
1.3 Although the Company reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the Prepay Period.

1.4 Payment is due each anniversary year or month following the date the account was established.

1.5 Payment of the Second and Third Phases is to be received no later than the date indicated on the invoice unless agreed by the Company in writing. Where payment is not made within the agreed period the Company reserves the right to withhold labour and any/all elements of the site (including any or all Domain names) until payment has been received and cleared into the Company Account.

1.6 Customers will automatically be charged again at the end of their Prepay Period unless written cancellation has already been given. The Commencement Fee shall be non- refundable. The Customer may thereafter cancel the contract at any time and pay no further penalty save for any costs already incurred by the Company or its Agents.

1.7 In the event that payment for hosting is late or declined the Company reserves the right to remove the Customer's site from the web servers until payment has been received and cleared into the Company Account. The Company accepts no liability for any loss or trade revenue in such eventualities.

1.8 In the event that payment for hosting is not received within 14 days of the due date the Company reserves the right to sell all unpaid for elements of the website (including any Domain name(s) and bespoke systems) to any interested third party.

1.9 Should the Customer be unsatisfied with the Company the Company offers a 14 day money back guarantee ( Hosting fees). This excludes the refund of domain name registration fees.

2. PAYMENT OPTIONS
2.1 All invoices will be sent directly to the Customer via email ( unless otherwise agreed by the Company and the Customer).

2.2 All payment is in UK sterling

2.3 Methods of payment available:
2.3.1 Credit / Debit Cards- the Company accepts Mastercard, Visa (not Visa electron),
Switch and Solo. Payment will be charged automatically to the Customers card on receipt of invoice.

2.3.2 Cheque Payment: Available only to customers who pay annually for their hosting Account. A credit / debit card number will still be required if Customers require the facility to purchase domains and other services on-line. The Company cannot guarantee that a service will be provided until after any received cheques have been cleared.

2.3.3 The Company accepts no responsibility for any financial loss due to the fraudulent use of credit cards by third parties and recommends the Customer obtains its own insurance against such financial loss.

3. HOSTING
3.1 Although the Company has carefully selected its hosting partners and believe they offer a high quality service, the Company has no control over their equipment, software or hardware. The Company makes no warranty as to the stability, security or performance of the server on which the site and databases are hosted.

3.2 Sites hosted by a Customer specified third party will be supplied on an "as is" basis. The Company will not in any event, accept liability for the operation or stability of any site hosted by a third party.

3.3 All hosting accounts come with set bandwidth limits per month. Each time your site is accessed data is transferred across the Internet, our transfer limits are high, less than 1% of our customers exceed them. Should you exceed your limit, then you agree to pay for this bandwidth at a rate of 7p (seven pence) per 1 MB.


4. INTERNET STABILITY
4.1 The internet is a collection of computers linked to each other via standard communications protocols. There is no single body responsible for ensuring the constant operation of the internet as a whole. Due to the modular and ad hoc nature of the internet there may be occasions when users may be unable to access parts of the internet. The Company accepts no liability for the loss of visitors or potential revenue in such circumstances.

4.2 The Company acts as the Customers agent for the domain registration. Customers of the Company are bound by the terms and conditions of the relevant naming authority. The Company cannot guarantee that it will be able to register any requested domain name until the Company has given specific confirmation. The Customer cannot assume that registration has been affected until confirmation is received from the Company.

4.3 The operation of a site's domain name is controlled solely by the Domain Name provider. The Company is unable to accept any liability for the continued operation of the Domain Name Servers.

4.4 The Company makes no guarantees regarding the number of visitors to the Customers Site

4.5 The Company may undertake to submit the Customer site to a number of search engines. The Company is unable to guarantee that the client site will be accepted by the search engines or where/if it will feature in any search enquiry results.

4.6 The Company accepts no liability for any ranking, points, review or opinion associated to the site by any search engine or other third party.

5. CUSTOMER USE OF SITE
5.1 The Customer is responsible for the content of its web pages, including obtaining the legal permission for any works it may include and ensuring that the contents of these pages do not violate UK law. Commercial use is permitted.

5.2 Personal Accounts are to be used by the primary owner only. Personal account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site.
Exceptions to this include ad banners, classified ads, and personal ads.

5.3 The Company reserves the right to suspend or cancel a Customer's access to any or all services provided by the Company if in the Company's view it decides the Account has been inappropriately used or otherwise.

5.4 The Company expressly prohibit the following to be stored on its servers:
5.4.1 Adult Material- This includes all pornography, erotic images, or other obscene content in the view of the Company designated as "adult material".
5.4.2 Illegal Material - all illegal material as the Company shall designate to include copyrighted works, illegal MP3 Sites, or Warez sites, ( including any sites which provide "links to" or "how to" information about such material).
5.4.3 Participating in any form of unsolicited bulk e-mailing or spam.
5.4.4 Violation of our companys SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, we will initiate an immediate investigation (within 48 hours of notification). During the investigation, we may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, we may, at our sole discretion, restrict, suspend or terminate customer's account. Further, we reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense.
5.4.5 First violations of this policy will result in an "Administrative Fee" of £250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of £500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed £175 per hour that personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account


6. BACK UP OF DATA
6.1 Data stored on our servers is not guaranteed to be backed up. The Customer is advised to take out an additional back up package

7. SITE MODIFICATION
7.1 All modifications to the site (excluding any materials uploaded via any content management system provided for this express purpose) must be carried out by the Company unless previously agreed otherwise.

7.2 In the event that any alteration by the Customer ( or any person acting on their behalf ) renders the site or any part of the site unusable the Company will charge to restore it to its previous working version. Unless covered by a service agreement these modifications will only be made when sufficient resources are available to the Company.

7.3 If the Customers bandwidth reaches the points where it has an adverse affect on other customers the Company reserve the right to disable your site until the Customer can reduce its bandwidth usage. The Company endeavours to advise the Customer of its options.

8. LIMITATION OF LIABILITY
8.1 The Customer shall agree the Company (which shall include any parent or associated company) shall not be liable for any special, indirect, incidental, exemplary, punitive or consequential damages or any damages resulting from loss of profits, arising out of or in connection with this Agreement, even if the Company had been advised of the possibility of such damages, and in particular the Company shall not be liable for:
8.1.1 loss or suspension of the Customers domain name;
8.1.2 use of the Customer domain name registration;
8.1.3 any fiscal loss or otherwise of the customer project as a profit making project
8.1.4 interruption of your business
8.1.5 non-delivery, mis-delivery, corruption, destruction, or modification of data
8.1.6 processing of an application for domain name registration
8.1.7 any breach of the Data Protection Acts by the Customer
8.1.8.events beyond the reasonable control of the Company

8.2 The Company shall not be held liable or responsible for any errors, omissions or other actions arising out of or related to the Customers application, receipt, or failure to receive a domain
registration.
8.21The Company cannot guarantee that we will be able to register any requested domain name until we have given specific confirmation. Clients cannot assume that registration has been affected until confirmation is received from the company


8.3 The Company's maximum aggregate liability shall not exceed the greater of:
8.3.1 the total amount paid by you for the registration of the domain name; and
8.3.2 £50.00 (UK Pounds)

8.4 The Customer agrees to defend, indemnify and hold harmless the Company and
the registry administrator, including the Companys employees, directors,
officers, representatives, agents or affiliates, from and against all and any claim, action, suit, demand, damages, loss, costs, (including reasonable legal fees, expert witness fees and expenses), or other proceeding relating to or arising from:
8.4.1 the registration or use of the domain name.
8.4.2 any legal fees or claims that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns.
8.4.3 any injury to person or property caused by any products sold or otherwise distributed in connection with the Company server;
8.4.4 any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party;
8.4.5 copyright infringement
8.4.6 any defective products sold to the Customer from then Company's server.

9. COPYRIGHT
9.1 Copyright for all Customer supplied data, databases, structure and content therein, and all data submitted by third parties via the Website or other feedback input and data generated by the Customer requested dynamic statistic collection using both the server and customer- side scripting is and remains the sole property and liability of the Customer

9.2 The Company retains copyright and licence on all bespoke scripting functions and programming both on the server- side and Customer- side and reserves the right to deploy the scripts elsewhere at anytime and undertakes to do so without reference to the Customer or any material or data structure owned by the Customer.

9.3 The Company retains all copyright and licence for all scripting pertaining to any content management system it uses and all data, databases, structure and content therein necessary for its operation and its user privilege system and all data, databases structure and content therein for tertiary data tables such as lists of countries, unitary conversion tables and temporary tables created for the express purpose of assisting and ensuring the efficient execution of the scripts outlined above.

10. CANCELLATION AND REFUNDS
10.1 The Company reserves the right to cancel this Agreement at any time.
10.2 In this event the Customer will be entitled to a pro rata refund based upon the
remaining period of membership.
10.3 If a customer contravenes the Company's terms and conditions under this Agreement a refund
will not be issued in the event of a cancellation.
10.4 Customers may cancel their account at any time subject to the conditions set out in clause 1.6.


11 DISCLAIMER
11.1 The Company will not be responsible for any damages to the Customers business of any kind whatsoever.
11.2 The Company makes no warranties of any kind, expressed or implied for services provided. This includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service
interruptions caused by the Company and its employees.

12. LAW
These terms and conditions shall be governed by English Law

 

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