| You indicate acceptance of these terms and conditions of service by placing an order with Hostingforall UK Ltd. 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 " Hostingforall " means Hostingforall UK Ltd 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 Hostingforall 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 Hostingforall . 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 URL. 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 Hostingforall with data that will be hosted on Hostingforall 's servers and made accessible via the Internet. 2.2 Hostingforall provides web hosting services and has agreed to host the Customer's data upon the following terms and conditions. |
| 3 DUTIES 3.1 Hostingforall 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 Hostingforall the website and the
software used in the website which is owned by the Customer, or licensed
to him by a third party or Hostingforall ("the Customer Software), in a
format specified by Hostingforall . |
| 4 CHARGES ,PAYMENT AND MONEY-BACK GUARANTEE
4.1 Payment methods include credit cards (including MasterCard and
Visa), debit cards (including Switch/Maestro) and direct debits
4.2 Hostingforall do not accept cheques, bank transfers, postal orders,
cash or 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 Hostingforall 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 Hostingforall do not provide credit facilities.
4.6 From time to time Hostingforall 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 Hostingforall provide "Money-Back Guarantees" on certain products.
Should your product qualify for this guarantee please raise a support
ticket at URL within 30 days of placing your order for a full refund.
This guarantee excludes domain names which may not be cancelled once
ordered. Customers are limited to using the money-back guarantee once. 4.8 Pro-rata refunds will not be issued for yearly services that are cancelled before then end of the year.
4.9 Should your chosen payment method fail Hostingforall will attempt to
settle your invoice using any other payment facilities available on
your account.
4.10 All services will renew until cancelled by the customer.
Hostingforall emails the customers primary email address prior to
renewal of services, it is the customers responsibility to cancel
services prior to renewal as no refund can be made once renewal has
occurred. Customers must notify us at least 72 hours before a service is
renewed if they wish to cancel that service. The cancellation process
must be fully completed by you before your account is cancelled. |
| 5 IP ADDRESSES
5.1 Hostingforall 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 Hostingforall 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
Hostingforall (" Hostingforall 's software") in order to use the Services,
Hostingforall 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 Hostingforall 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 Hostingforall Software.
6.2 In relation to Hostingforall 's obligations under this Agreement in
connection with the provision of the Services, the Customer grants to
Hostingforall 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 Hostingforall 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 Hostingforall Software.
6.4 Hostingforall 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, Hostingforall 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 Hostingforall 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, Hostingforall makes no warranties or representations that the
Service will be uninterrupted or error-free and Hostingforall shall not,
in any event, be liable for interruptions of Service or downtime of the
server.
7.2 Hostingforall carries out data backups for use by Hostingforall in
the event of systems failure. Hostingforall do not provide data
restoration facilities for individual customers. Even though every
effort is made to ensure data is backed up correctly Hostingforall
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 Hostingforall 's 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, Hostingforall 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 Hostingforall 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 Hostingforall and the password will be changed. |
| 10 WARRANTIES
10.1 The Customer warrants and represents to Hostingforall that
Hostingforall 's 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
Hostingforall 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, Hostingforall 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
Hostingforall 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 Hostingforall 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
Hostingforall 's liability for death or personal injury resulting from
Hostingforall 's negligence or that of its employees, agents or
sub-contractors.
12.2 The entire liability of Hostingforall 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 Hostingforall 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 Hostingforall
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 Hostingforall 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 Hostingforall 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 Hostingforall 's 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 Hostingforall 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 Hostingforall are not responsible for customer programming
issues other than ensuring that programming languages 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 are prohibited from hosting file distribution
websites (including but not limited to music, video and software), adult
content orientated websites, hosting banners, graphics or cgi scripts
for other websites, storing pages, files or data as a repository for
other websites or personal computers, giving away web space under a
domain, sub domain or directory. |
| 24 SERVER USAGE 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 AFFILIATE PROGRAMME Commission earned via the affiliate programme will only be paid by using a valid direct debit/credit mandate on your account. It is the customers responsibility to ensure they have this facility. In the event of the customer not being able to obtain this facility then no commission will be paid. |
| 26 EMAIL NEWSLETTER Hostingforall 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. |
| 27 WEBSPACE USAGE Unlimited web space is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account. |
| 28 MAIL BOXES Mail boxes not accessed for 100 days or more will be deleted from the system. |
