Web and Database Hosting Terms and Conditions
Copyright Notice Effective 1 Jan 2009
Hosting Terms and Conditions - Contents
1. Introduction
2. Glossary of Terms
3. Web Site Hosting And Email
4. Service Availability
5. Payment
6. Termination
7. Indemnity
8. Limitation Of Liability
9. Revisions
11. Notices
12. Applicable Law
13. Headings
14. Entire Agreement
15. Comments and Questions
1. Introduction
The Website Owner including subsidiaries and affiliates offer website
hosting and database hosting services subject
to the terms and conditions set out in these terms and conditions, the privacy
policy and any other relevant terms and conditions, policies and notices which
may be applicable to supply of hosting services.
2. Glossary of Terms
We includes the Website Owner - www.webie.co.uk
- ("Website" or "Website Owner" or "we" or "us"
or "our") or any party acting on the Website Owner's implicit instructions.
You ("you", "your", "Customer") includes
the person purchasing the services or any party acting on the customer's instructions.
Server means the computer server equipment operated by us in connection
with the provision of the Services.
Web Site means the area on the Server allocated by us to you for use by
you as a site on the Internet.
In consideration of the mutual covenants herein, the parties agree to the following,
which shall apply during the term of this agreement
3. Web Site Hosting And Email
3.1 We make no representation and give no warranty as to the
accuracy or quality of information received by any person via the Server and we
shall have no liability for any loss or damage to any data stored on the Server.
3.2 You shall effect and maintain adequate insurance cover in respect
of any loss or damage to data stored on the Server.
3.3 You represent, undertake and warrant to us that you will use
the Web Site allocated to you only for lawful purposes. In particular, you represent,
warrant and undertake to us that.
3.3.1 You will not use the Server in any manner which infringes
any law or regulation or which infringes the rights of any third party, nor will
you authorise or permit any other person to do so.
3.3.2 You will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory,
obscene, blasphemous, profane or otherwise objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a criminal
offence or which infringes any patent, trade mark, design right, copyright or
any other intellectual property right or similar rights of any person which may
subsist under the laws of any jurisdiction.
3.3.3 You will not send bulk email whether opt-in or otherwise
from our network. Nor will you promote a site hosted on our network using bulk email.
3.3.4 You will not employ programs which consume excessive system
resources, including but not limited to processor cycles and memory.
3.4 We reserve the right to remove any material which we deem inappropriate
from your web site without notice. We do not host Warez or illegal MP3 content.
3.5 You shall keep secure any identification, password and other
confidential information relating to your account and shall notify us immediately
of any known or suspected unauthorised use of your account or breach of security,
including loss, theft or unauthorised disclosure of your password or other security
information.
3.6 You shall observe the procedures which we may from time to
time prescribe and shall make no use of the Server which is detrimental to our other
customers.
3.7 You shall procure that all mail is sent in accordance with
applicable legislation (including data protection legislation) and in a secure manner.
3.8 In the case of an individual User, you warrant that you are
at least 16 years of age and if the User is a company, you warrant that the Services
will not be used by anyone under the age of 16 years.
3.9 Any access to other networks connected to www.webie.co.uk
must comply with the rules appropriate for those other networks.
3.10 While we will use every reasonable endeavour to ensure the
integrity and security of the Server, we do not guarantee that the Server will be
free from unauthorised users or hackers and we shall be under no liability for non-receipt
or misrouting of email or for any other failure of email.
4.
Service Availability
4.1 We shall use our reasonable endeavours to make available to
you at all times the Server and the Services but we shall not, in any event, be
liable for interruptions of Service or down-time of the Server.
4.2 We shall have the right to suspend the Services at any time
and for any reason, generally without notice, but if such suspension lasts or is
to last for more than 7 days you will be notified of the reason.
4.3 The Services provided to you hereunder and your account with
us cannot be transferred or used by anyone other than you. No more than one log-in
session under any one account may be used at any time by you. If you have multiple
accounts, you are limited to one login session per system account at any time; user
programs may be run only during log-in sessions. If your account is found to have
been transferred to another party, or shows other activity in breach of this sub
clause, we shall have the right to cancel the account and terminate the Services
and/or this Agreement immediately.
5. Payment
5.1 All charges payable by you for the Services
shall be in accordance with the scale of charges and rates published from time to
time by us on our web site and shall be due and payable in advance of our service
provision. We reserve the right to change pricing at any time although all pricing
is guaranteed for the period of pre payment.
5.2 Payment is due each anniversary month, quarter or year following
the date the Services were established until closure notice is given. If you choose
to pay by credit or debit card you authorise www.webie.co.uk
to debit your account renewal fees from your card.
5.3 All payments must be in UK Pounds Sterling, US Dollars or Euros.
5.4 If your cheque is returned by the bank as unpaid for any reason,
you will be liable for a "returned cheque" charge of £25.00.
5.5 Without prejudice to our other rights and remedies under this
Agreement, if any sum payable is not paid on or before the due date, we shall be
entitled forthwith to suspend the provision of Services to you.
5.6 If an account goes unpaid for at least seven days, a £10.00
late payment fee will be applied.
5.7 If an account goes unpaid for at least ten days, the account
and its associated services are suspended. A £20.00 charge will be applied upon
account reactivation to cover administration costs.
5.8 Once an account has a suspended status, Access to files, databases
and other content is explicitly denied. All files, databases and other content including
the account itself is permanently deleted after ten days of account suspension.
5.9 Should access to files, databases and other content be required
before they are deleted, account reactivation will be required.
For information on how to order, the payment methods and currencies we
accept, and our refund policy, please see Ordering
Information.
6.
Termination
6.1 If you fail to pay any sums due to us as they
fall due, we may suspend the Services and/or terminate this Agreement forthwith
without notice to you.
6.2 If you break any of these terms and conditions we may suspend
the Services and/or terminate this Agreement forthwith without notice to you.
6.3 If you are a company and you go into insolvent liquidation
or suffer the appointment of an administrator or administrative receiver or enter
into a voluntary arrangement with your creditors, we shall be entitled to suspend
the Services and/or terminate this Agreement forthwith without notice to you.
6.4 No refunds will be made for Services suspended in accordance
with 6.1, 6.2 and 6.3.
6.5 We reserve the right to suspend the Services and/or terminate
this Agreement at any time.
6.6 You may cancel the Services at any time.
6.7 You may be entitled to a complete refund of all fees paid with
the exclusion of dedicated server and data transfer fees should You decide to cancel
the Services, as detailed under our Money Back Guarantee Policy. You will not be
entitled to a refund on this basis if you have previously had an account with www.webie.co.uk.
It may be necessary to with hold refund under the Money Back Guarantee Policy if
the account has utilised excessive resources, this is at the sole discretion of
www.webie.co.uk.
6.8 Where payment has been made by credit or debit card, any refund
will only be issued to the same credit or debit card.
6.9 On termination of this Agreement or suspension of the Services
we shall be entitled immediately to block your Web Site and to remove all data located
on it.
7. Indemnity
7.1 You shall indemnify us and keep us indemnified
and hold us harmless from and against any breach by you of these terms of business
and any claim brought against us by a third party resulting from the provision of
Services by us to you and your use of the Services and the Server including, without
limitation, all claims, actions, proceedings, losses, liabilities, damages, costs,
expenses (including reasonable legal costs and expenses), howsoever suffered or
incurred by us in consequences of your breach or non-observance of this Agreement.
8. Limitation
Of Liability
8.1 All conditions, terms, representations and
warranties relating to the Services supplied under this Agreement, whether imposed
by statute or operation of law or otherwise, that are not expressly stated in these
terms and conditions including, without limitation, the implied warranty of satisfactory
quality and fitness for a particular purpose are hereby excluded, subject always
to subclause 8.2.
8.2 Nothing in these terms and conditions shall exclude our liability
for death or personal injury resulting from our negligence.
8.3 Our total aggregate liability to you for any claim in contract,
tort, negligence or otherwise arising out of or in connection with the provision
of the Services shall be limited to the charges paid by you in respect of the Services
which are the subject of any such claim.
8.4 In any event no claim shall be brought unless you have notified
us of the claim within one year of it arising.
8.5 In no event shall we be liable to you for any loss of business,
contracts, profits or anticipated savings or for any other indirect or consequential
or economic loss whatsoever
9. Revisions
9.1 www.webie.co.uk
reserves the right to revise, amend, or modify these Terms and Conditions, and any
of our other policies and agreements at any time and in any manner. Notice of any
revision, amendment, or modification will be posted in accordance with our Terms
and Conditions.
10. Notices
10.1 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 ancillary application forms 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 two days following the date of posting.
11. Applicable
Law
11.1 This Agreement shall be governed by and construed
in accordance with English law and you hereby submit to the non-exclusive jurisdiction
of the English courts.
12. Headings
12.1 Headings are included in this Agreement for
convenience only and shall not affect the construction or interpretation of this
Agreement.
13. Entire
Agreement
13.1 These terms and conditions together with
any documents expressly referred to in them, contain the entire Agreement between
us relating to the subject matter covered and supersede any previous Agreements,
arrangements, undertakings or proposals, written or oral: between us in relation
to such matters. No oral explanation or oral information given by any party shall
alter the interpretation of these terms and conditions. In agreeing to these terms
and conditions, you have not relied on any representation other than those expressly
stated in these terms and conditions and you agree that you shall have no remedy
in respect of any misrepresentation which has not been made expressly in this Agreement.
14. Comments or
Questions
14.1 If you have any questions, comments or concerns arising from
the website, the privacy policy or any other
relevant terms and conditions, policies and notices or the way in which we are handling
your personal information please contact us.
Top of page - Contents