Definitions and Interpretations
In these terms and conditions the following words and phrases
shall, unless the context otherwise requires, have the following
acceptable use policy from time to time issued by the Company (a
current copy of which is attached hereto);
day (other than a Saturday or Sunday) on which the clearing banks
are open for business in the City of London;
person(s) firm or Company whose details are set out in the Schedule
earlier of the date specified in the Schedule or on which the Company
makes the Client's Web Site available to third parties via the Internet;
fees set out in the Schedule for the provision of the Services,
together with any other charges made pursuant to these Conditions;
server owned or operated by the Company;
provision by the Company to the Client with the Web Space on one
of its Server to store the Client's Web Site including the installation
of the Client's Web Site on the Company's Server specified in the
Schedule together with any other service option details of which
are set out in the Schedule;
period set out in the Schedule (subject to a minimum period of three
months) from and including the Commencement Date renewable automatically
for similar periods unless and until terminated in accordance with
site at which text, graphics, data, files and information are stored
electronically and access to which is made available to third parties
via the Internet;
agreed amount of space including an allocation of storage space
on a web server and a bandwidth allocation to be provided by the
Company on its Server to the Client for the Client's Web Site as
set out in the Schedule;
the context otherwise requires references to clauses and Schedules
shall be construed as references to clauses and Schedules of these
Conditions. Headings are inserted for convenience only and shall
not affect the construction or interpretation of these Conditions.
consideration of the Client paying to the Company the Fees in
accordance with the provisions of Clause 5 and the Schedule to
these Conditions the Company shall provide Services to the Client.
The Client is responsible in all respects for the content of its
Web Site and the hereby undertakes that the Web Site pages do
not and will not violate any applicable law and that it shall
at all times comply with the Acceptable Use Policy, the provisions
of which are hereby incorporated into these Conditions as if the
same were set out herein in extenso.
The Client shall obtain and be responsible for obtaining and complying
with all necessary legal permission for any works it includes
on the pages of its Web Site;
The Client shall provide the Company with material and data in
such form as shall be requested by the Company failing which the
Company shall be entitled to make such charges as it may deem
necessary to recoup its expenses in conversion to or use of other
software so as to be able to host the Client's Web Site. Any web
page of the Client liable to offend or containing links to adult
material must display on any path of links from the index page
of any directory to such material, so that anyone following such
a path will receive a clear warning before the material is displayed
as to the nature of its contents.
The Client is responsible for backup of its own files as the Company
does not offer recovery facilities as a service to the Client.
Backup facilities are provided on all hosting packages provided
by the Company.
Upon registration, the Client shall provide the Company with an
up to date administration address and an address and contact authorised
to accept service of proceedings on its behalf and shall inform
the Company immediately of any changes to such addresses or contacts.
Rights and Obligations
The Company shall use reasonable endeavours to perform the Services
and shall as soon as reasonably practicable on or after the Commencement
Date provide the Client with a user identification and password
for the Web Space for administration purposes. The Company accepts
no liability in respect of any loss incurred as a result of disclosure
of the Clients' password.
The Company gives no warranty that access to its Server and the
Client's Web Site shall be uninterrupted or error-free.
Subject to the Client paying the Fees the Company shall supply
to the Client on a regular basis a statement of access and usage
of the Client's Web Site during the preceding period provided
that such report shall be in such form as the Company shall decide
and that the Company shall not be responsible for the accuracy
of the information relating to such access and usage nor for any
failure of any counters to accurately record such information
or be reset.
The Company (in its absolute discretion) shall be entitled in
the event that access to the Client's Web Site exceeds the permitted
bandwidth or storage allocation (forming part of the Web Site)
as provided in the Schedule to: suspend access to the Client's
Web Site;move the Web Site to a high performance service or require
the Client to move its Web Site to another server; and/or increase
its charges to the Client to take account of the additional bandwidth
Notwithstanding any other provision the Company shall be entitled
without notice at any time to change the bandwidth or storage
allocation and to make any changes to the Services which are necessary
to comply with any applicable safety, security or other statutory
requirements, or which do not materially affect the nature or
quality of the Services.
The company reserves the right to modify the users site, suspend
or terminate the contract if in the companies opinion the service
or services are being used in contradiction of any UK laws. The
company also reserves the right to suspend services to any Client,
who's use of the service affects or is likely to affect other
Clients, the server or the network.
The Client shall pay to the Company the Fees on the basis specified
in the Schedule. The Company in its sole discretion shall be entitled
to charge such additional fees as a result of the Client's instructions
or lack of instructions or information or any cause attributable
to the Client.
If payment is not made on the due date, the Company shall be entitled,
without limiting any other rights it may have, to charge interest
on the outstanding amount both before and after any judgement
at an annual rate of 3 per cent above the base rate of Lloyds
Bank plc from time to time and such interest shall accrue from
the due date until the outstanding amount is paid in full.
The Company shall be entitled to review the Fees and shall notify
the Client in writing of any increase or decrease in such fees
and such increase or decrease shall take effect from the date
specified in such notification.
You acknowledge that the Company will bill your credit card prior
to the Payment Interval you have chosen. The Client authorises
automatic billing by the Company on an on-going basis during the
term of this Agreement.
The fees for domain registration services provided by the Company
are non-refundable once a domain name has been registered or renewed
by the Company on your behalf.
In the event that the Client contracts for domain name registration
services the Company shall endeavour to procure the registration
of such domain name as the Client may request as set out in the
Schedule or as advised to the Company in writing by the Client.
However, the Company shall not be liable in the event that such
requested domain name is not registerable or in the event that
the relevant domain name regulatory authority suspends or revokes
any registration of such domain name. The Company shall not act
as agent for or on behalf of the Client in any dealings with regulatory
The Client shall also be subject to the applicable registration agreement(s) below:
.com domain registrations - click here to view agreement
.net domain registrations - click here to view agreement
.org domain registrations - click here to view agreement
.biz domain registrations - click here to view agreement
.info domain registrations - click here to view agreement
.name domain registrations - click here to view agreement
.uk domain registrations - click here to view agreement
Registration of a domain name requires us to give your details
to the registrars responsible for your domain, by placing an order
with us you accept this and give the company explicit permission
to use those details in pursuance of that registration.
The company will not accept responsibility for a domain name registered
with another company, registrar or organisation until the transfer
of that domain name to the registrar the company nominates has
been completed and The Company has full control. Prior to the
transfer in of a domain to our control authorisation must be received
from a representative of the company. Upon completion the client
agrees to notify The Company that the process has been completed.
Until this final notification has been received The company will
not accept any responsibility for the domain, including but not
limited to management, renewal process or record maintenance.
event that the Client's Web Site is in breach of the Acceptable
Use Policy or the Company for whatever reason decides it is necessary
or in its best interests to do so (including if the Client is
in breach of its obligations or fails to pay the Fees) the Company
shall be entitled to:-suspend or bar access to the Client's Web
Site for such period as it shall consider fit; remove all or any
part of the Client's Web Site from the Company's Server; and/or
delete all or any data, files or other information that is stored
on the Server on which the Client's Web Site is stored; and the
Company reserves the right (in its sole discretion) to suspend
use by Client of any CGI-bin that may have a detrimental effect
on the CGI Server without prior notice.
The Company does not give any warranty, guarantee or other term
as to the quality, fitness for purpose or otherwise of any goods
or other services supplied by a third party, but shall, where
possible, assign to the Client the benefit of any warranty, guarantee
or indemnity given by the person supplying the goods or services
to the Company.
The Company shall have no liability to the Client for any loss,
damage, costs, expenses or other claims for compensation arising
from any exercise of the Company's rights or remedies under these
Conditions including without limitation the suspension of access
to the Client's Web Site or deletion, corruption, loss or removal
of data, file or material stored on the Client's Web Site or removal
of the Client's Web Site from the Server or instructions supplied
by the Client which are incomplete, incorrect, inaccurate, illegible,
out of sequence or in the wrong form, or arising from their late
arrival or non-arrival, or any other fault of the Client.
Except as expressly provided in these Conditions, the Company
shall not be liable to the Client by reason of any representation
(unless fraudulent), or any implied warranty, condition or other
term, or any duty at common law, or under the express terms of
any contract, for any loss of profit or any indirect, special
or consequential loss, damage, costs, expenses or other claims
(whether caused by the negligence of the Company, its servants
or agents or otherwise) which arise out of or in connection with
the Services hereunder or their use by the Client, and the entire
liability of the Company under these Conditions shall not exceed
the proportionate amount of the Fees.
These Conditions shall continue in force for the Term Provided
always that the Client shall be entitled to terminate these Conditions
at any time after the minimum period of three months of the Term
by giving to the Company not less than 14 days' written notice
of termination. If after the required 14 days notice of cancellation,
part of the current Payment Interval remains, no refund will be
given for the remainder of such period. The
written cancellation request from the Client must include the
Client's Order ID, domain name, password, and reason for cancellation
before the Company will accept the request as a verified cancellation
effective date of cancellation is the date on which the Client
submits the cancellation request to the Company, provided it is
Notwithstanding the provisions of clause 9.1, either party shall
be entitled forthwith to terminate these Conditions by written
notice to the other if :-
that other party commits any breach of any of the provisions of
these Conditions and, in the case of a breach capable of remedy,
fails to remedy the same within thirty days after receipt of a
written notice giving particulars of the breach requiring to be
an encumbrancer takes possession or a receiver is appointed over
any of the property or assets of that other party; that other
party makes any voluntary arrangement with its creditors or becomes
subject to an administration order; that other party goes into
liquidation or becomes bankrupt; the other party ceases or threatens
to cease to carry on business; or
anything analogous to any of the foregoing under the law of any
applicable jurisdiction occurs in relation to that other party;
Upon termination of these Conditions for whatever reason, the
Company shall delete the Client's Web Site from its Server without
any liability whatsoever.
Termination of these Conditions shall be without prejudice to
any other rights or remedies a party may be entitled to thereunder
or at law and shall not affect any accrued rights or liabilities
of either party nor the coming into or continuance in force of
any provision on or after such termination. Subject to the foregoing,
neither party shall thereafter have any further obligation to
the other under these Conditions;
Upon termination of these Conditions for whatever reason all due
or outstanding fees and expenses owed by the Client to the Company
shall forthwith become due and payable.
If the Client is unhappy with the hosting service provided by
the Company, the Client may cancel the hosting account and request
a full refund of the hosting fees paid, providing that the Client
request such refund within 30 days of the date on which the account
was created on the Servers. The Company will cancel the Services
and refund in full all hosting fees paid by the Client for such
Services, subject to the remainder of this Clause 10, within 7
days of receiving the cancellation request.
If the Client repeatedly purchases and cancels the Service
under Clause 10.1, the Client will be disqualified from receiving
any further refunds.
No refunds will be given to Clients who have breached this Agreement
or the Acceptable Uses. Fees incurred due to misuse of the Servers
will not be refunded.
These Conditions constitute the entire agreement between the parties
as to the subject matter of these Conditions and supersedes all
prior oral or written agreements, understandings or arrangements
between them relating to the provision of the Services.
The Company shall not be liable to the Client for any loss arising
from or in connection with any representations or undertakings
made prior to the Commencement Date other than those confirmed
by a duly authorised director of the Company in writing and expressly
incorporated or referred to in these Conditions.
If any provision of these Conditions shall be found by any court
or administrative body of competent jurisdiction to be invalid
or unenforceable the invalidity or unenforceability of such provision
shall not affect the other provisions of these Conditions and
all provisions not affected by such invalidity or unenforceability
shall remain in full force and effect. The parties hereby agree
to attempt to substitute for any invalid or unenforceable provision
a valid or enforceable provision which achieves to the greatest
extent possible the economic, legal and commercial objectives
of the invalid or unenforceable provision.
The Client shall not be entitled to assign these Conditions nor
all or any of its or their rights and obligations hereunder without
the prior written consent of the Company.
The waiver by either party of a breach or default of any of the
provisions of these Conditions by the other party shall not be
construed as a waiver of any succeeding breach of the same or
other provisions nor shall any delay or omission on the part of
either party to exercise or avail itself of any right power or
privilege that it has or may have hereunder operate as a waiver
of any breach or default by the other party.
In the event of there being a conflict between the terms of these
Conditions and the terms of the Acceptable Use Policy shall apply.
between the parties with respect to these Conditions shall be
delivered by hand or sent by first-class post (or if the recipient
is in another country by prepaid airmail) to the relevant address(es)
stated in these Conditions or to such other address as the addressee
may from time to time have notified for such purpose, or sent
by facsimile transmission or electronic mail (with confirmation
by letter posted first-class within 24 hours). Communications
shall be deemed to have been received within two Business Days
(if sent by first-class post) or seven Business Days (if sent
by prepaid airmail) after posting exclusive of the day of posting.
hereby undertakes that it will, without prejudice to any other
right of action which the Company may have, at all times keep
the Company fully and effectively indemnified against any liability
(which liability shall include, without limitation, all losses,
costs, claims, expenses, demands, actions, damages, legal and
other fees and expenses on a full indemnity basis) which the Company
may suffer or incur as a result of, or by reason of, any breach
or non-fulfilment of any of the Client s obligations under these
Conditions, any breach of third party intellectual property rights
or the use of the Services.
Governing law and jurisdiction
shall be governed by and construed in accordance with the laws
of England. The Parties hereby irrevocably submit to the non-exclusive
jurisdiction of the English Courts.
Use and Misuse of the Services.
All complaints of abuse, violation and misuse of the Services,
whether described in this Section 15 or otherwise, shall be investigated
promptly. If you are not sure if your actions will be an abuse,
violation or misuse, please contact us.
You are responsible for all use of your website, with or without
your knowledge or consent.
You agree to use the Services only for lawful purposes, in compliance
with all applicable laws. Illegality includes, but is not limited
to, drug dealing; attempting without authorisation to access a
computer system; pirating (distributing copyrighted material in
violation of copyright law, specifically MP3s, MPEGs, ROMs, and
ROM emulators); gambling; schemes to defraud; trafficking in obscene
material; sending a message or having content that is obscene,
lewd, lascivious, filthy, or indecent with intent to annoy, abuse,
threaten, or harass another person; threatening bodily harm or
damage to individuals or groups; violating export restrictions;
stalking; or violating other applicable law. Linking to illegal
material is also prohibited.
When the Company becomes aware of possible violations of this
Agreement, the Company may initiate an investigation that may
include gathering information from you and the complaining party,
if any, and examination of material on the Server. The Company,
in its sole discretion, will determine what action will be taken
in response to a violation on a case-by-case basis. Violations
of these Conditions could subject you to criminal or civil liability.
Use and Misuse of Materials.
Materials in the public domain (e.g., images, text, and programs)
may be downloaded or uploaded using the Services. You may also
re-distribute materials in the public domain. You assume all risks
regarding the determination of whether the material is in the
You are prohibited from storing, distributing or transmitting
any unlawful material through the Services. Examples of unlawful
material include, but are not limited to, threats of physical
harm, child pornography, and copyrighted, trademarked and other
proprietary material used without proper authorisation. You may
not post, upload or otherwise distribute copyrighted material
on the Servers without the consent of the copyright holder.
Unacceptable uses of website content also include the presence
of the following programs or the activities associated with them,
regardless of whether or not any actual intrusion results in the
corruption or loss of data: server broadcast messages or any message
sent on an intrusive basis to any directly or indirectly attached
network; attempts to circumvent any user authentication or security
of host, network, or account; accessing data not intended for
user; probing the security of any network; spawning dozens of
processes; port scans, ping floods, packet spoofing, and forging
router information; denial of service attacks, sniffers, flooding,
spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation
of viruses; and IRC bots, such as eggdrop or BitchX.
The Company supports free speech on the Internet and will not
suspend or cancel your account simply because it disagrees with
your views expressed at your website. However, examples of unacceptable
activities include posting private information about a person
without his or her consent, defaming a person or business, and
knowingly making available code that will have a deleterious effect
on third-party computers. Where there are allegations that your
on-line activity has violated the legal rights of a third party,
the Company will not substitute itself for a court of law in deciding
tort claims raised by the third party.
Unacceptable affronts to netiquette and unacceptable activities
include, but are not limited to, the following: spamming (sending
unsolicited advertising to those with which you have no existing
business relationship and posting off-topic advertising in newsgroups);
spoofing (using a return email address that is not the valid reply
address of the sender or sending an email message that does not
contain enough information to enable the recipient to identify
you); passive spamming (promoting a website hosted by the Company
by spamming from some other source); trolling (posting controversial
messages in newsgroups to generate responses); mailbombing (inundating
a user with email without any serious intent to correspond or
sending large or multiple files to a user); generating a higher
volume of outgoing mail than a normal user (over 10% of available
system resources); propagating chain letters; and subscribing
someone else to an electronic mailing list without that person's
permission. A message is considered unsolicited if it is posted
in violation of a newsgroup charter or sent to a recipient who
has not requested the message. Making an email address available
to the public does not constitute a request to receive messages.
Distribution of mass emailing programs is also prohibited. All
recipients on a mailing list must have personally subscribed.
Mailing lists may not be used to distribute unsolicited email.
If you are repeatedly mailbombed or attract such behaviour, the
Services will be terminated.
You should not send email to any user who does not wish to receive
it, either at the Company or elsewhere. The Company recognise
that email is an informal medium; however, you must refrain from
sending further email to a user after receiving a request to stop.
You may not alter the headers of email messages to disguise their
identity or to prevent users from responding to the messages.
The Company may disclose the usernames of accounts responsible
for forged email messages to system administrators or users requesting
Violations of the Company policies outlined herein can sometimes
result in massive numbers of email responses. If you receive so
much email that the Company resources are affected, the Company
staff may shut down your mailbox.
You are prohibited from utilising the Services to compromise the
security of system resources or accounts on the Servers or at
any other site. Use or distribution of tools designed for compromising
security or containing viruses or trojans are prohibited. Examples
of these tools include, but are not limited to, password guessing
programs, cracking tools or network probing tools.
If you are involved in violations of system security, the Company
reserves the right to release all usernames of users involved
in such violations to system administrators at other sites in
order to assist them in resolving security incidents. The Company
will also fully cooperate with law enforcement authorities in
investigating suspected lawbreakers.
System abuse includes any use of resources that disrupts the normal
use of the Servers or Services for others. Examples of system
abuse include running excessive numbers of processes or consuming
excessive amounts of CPU time, memory or disk space.
Any usage of 10% or more of system resources is an undue burden
on the system and is unacceptable. If your usage ever exceeds
10% of system resources, your account may be terminated immediately
and without prior notice.
Further, running programs in the background on the Servers without
the Company's prior written authorisation, or running chat rooms,
Internet Relay Chat, IRC bots, more then 1,000 emails a day and
the like are not acceptable uses of the Servers.