Terms and Conditions

You indicate acceptance of these terms and conditions of service by placing an order with Hostonics 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 registerable or not in any country;
• 1.1.3 "Hostonics" means Hostonics 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 byHostonics 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 Hostonics.
• 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;
• 1.1.11 "Customer" means a person, company, or other entity which has an account with and/or buys goods or services from Hostonics.
• 1.1.12 "account" is defined as when a customer has a username and password to access the Hostonics website.
• 1.2 Product specifications and details may be found at www.hostonics.co.uk [1]
• 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 Hostonics with data that will be hosted on Hostonics's servers and made accessible via the Internet.
• 2.2 Hostonics provides web hosting services and has agreed to host the Customer's data upon the following terms and conditions.

3 DUTIES

• 3.1 Hostonics 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 Hostonics the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or Hostonics ("the Customer Software), in a format specified by Hostonics.

4 CHARGES AND PAYMENT

• 4.1 Payment methods include credit cards (including MasterCard and Visa), debit cards (including Switch/Maestro) and PayPal
• 4.2 Hostonics 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 Hostonics 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 Hostonics do not provide credit facilities.
• 4.6 From time to time Hostonics 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 Pro-rata refunds will be issued for applicable services if cancellation occurs part way through a billing cycle and will be calculated from the next full month from the date of the cancelation request. The cancellation process must be fully completed by the customer before the customer account is cancelled.
• 4.8 Refunds will not be issued for domain names (see further details in clause 20)
• 4.9 Should the customers chosen payment method fail, Hostonics will attempt to settle your invoice using any other payment facilities available on your account.
• 4.10 Hostonics emails the customers primary email address prior to renewal of services, it is the customers responsibility to renew services and to ensure all contact details are kept up to date.

5 IP ADDRESSES

• 5.1 Hostonics 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 Hostonics 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 Hostonics ("Hostonics's software") in order to use the Services, Hostonics 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 Hostonics 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 Hostonics Software and the customer agrees that they will cease to use this software in the event that the service is terminated by either party. Furthermore, Hostonics reserves the right to change, alter or withdraw any of the software owned by or licenced to Hostonics used under the service at anytime and without notice.
• 6.2 In relation to Hostonics's obligations under this Agreement in connection with the provision of the Services, the Customer grants to Hostonics 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 Hostonics 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 Hostonics Software.
• 6.4 Hostonics 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, Hostonics 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 Hostonics 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, Hostonics makes no warranties or representations that the Service will be uninterrupted or error-free and Hostonics shall not, in any event, be liable for interruptions of Service or downtime of the server.
• 7.2 Hostonics carries out data backups for use by Hostonics in the event of systems failure. Hostonics do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Hostonics 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 Hostonics'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, Hostonics 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 Hostonics 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 Hostonics and the password will be changed.

10 WARRANTIES

• 10.1 The Customer warrants and represents to Hostonics that Hostonics'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 Hostonics 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, Hostonics 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 Hostonics 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 Hostonics 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 Hostonics's liability for death or personal injury resulting from Hostonics's negligence or that of its employees, agents or sub-contractors.
• 12.2 The entire liability of Hostonics 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 Hostonics 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 Hostonics 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 Hostonics 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 Hostonics 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 Hostonics'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 AND NAME DISPUTE RESOLUTION POLICY

• 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 Hostonics will provide a full refund for that domain name.
• 20.2 No refunds will be given on domain names successfully registered.
• 20.3 Please refer to the individual domain name registrars to view their terms and conditions.
• 20.4 For details of the Uniform Domain Name Resolution Policy, please refer to www.icann.org
• 20.5 For details of the UK Dispute Policy, please refer to www.nominet.org.uk

21 SCRIPTING

• Hostonics are not responsible for customer programming issues other than ensuring that programming languages such as Perl and PHP are installed and functioning on the web hosting system.

22 PRIVACY

• To protect your privacy hostonics will not distribute your details to third parties, unless required to do so by law.

23 DATA TRANSFER AND WEBSPACE USAGE

• 23.1 Hostonics reserves the right to suspend or cancel a customer's access to any or all services provided by Hostonics, where Hostonics decides that the account has been inappropriately used. Hostonics reserves the right to refuse service and/or access to its servers to anyone.
• 23.2 Hostonics offers unlimited web space and bandwidth with some account types. By this, we mean unlimited space for legitimate web site content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account.
• 23.3 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, selling or giving away web space under a domain, sub domain or directory.

24 SERVER USAGE

• Should the customers' 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. Hostonics does not allow proxy sites of any nature to be hosted on its network

25 EMAIL NEWSLETTER

• Hostonics 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.

26 EMAIL AND MAIL BOXES

• 26.1 If Hostonics identify a mailbox or domain that is causing problems; we will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, we will disable email or suspend all services to the domain as appropriate.
• 26.2 Common issues that cause problems are:
• 2.2.1 Where a mailbox receives large volumes of undeliverable email.
• 26.2.2 Where mailboxes have forwarders set to other mailboxes where mail cannot be delivered.
• 26.2.3 Where mailboxes have forwarders and/or auto-responders that generate circular mail loops.
• 26.3 You may not use Hostonics email services for any of the following:
• 26.3.4 To send messages or communications, which are unsolicited, offensive, abusive, indecent or obscene.
• 26.3.5 To send messages causing annoyance, inconvenience or anxiety to another user of the Internet.
• 26.3.6 To send messages for the purpose of Fraud and /or with the intention of committing a criminal offence.
• 26.4 To prevent the sending of bulk unsolicited mail, SMTP traffic to and from a server will be blocked in the following scenarios:
• 26.4.1 Where we identify a server that has an open mail relay.
• 26.4.2 Where a significant volume of mail is sent from a domain in a defined timescale.
• 26.4.3 Where we have received significant volumes of complaints concerning unsolicited mail originating from a Hostonics hosted domain.
• 26.5 To prevent Hostonics' IP Addresses being blocked by IP Address blocking, a domain held on Hostonics servers may be disabled:
• 26.5.1 Where Hostonics have received significant volumes of complaints concerning unsolicited mail originating from or unsolicited email being sent to promote sites being hosted on a Hostonics server.
• 26.6 Mail boxes not accessed for 100 days or more will be deleted from the system.
• 26.7 Mailboxes set up on your account are for your use only. They are not be be resold or given away.

27 PRIVACY POLICY

• 27.1 Hostonics is committed to protecting your privacy and maintaining the security of any personal information received from you. We strictly adhere to the requirements of data protection legislation in the UK. The purpose of this statement is to explain to you what personal information we collect and how we may use it.
• 27.2 When you order, we need to know your name, address, phone number, email address and payment details. This allows us to process and fulfil your order. You have the option to withhold personal information that is not required for the order process.
• 27.3 Hostonics offer a great value service; by using our service you agree that we will use your personal information to update you about service updates and new products/services.
• 27.4 We do not sell, rent or exchange your personal information with any third party for commercial reasons, beyond the essential requirement for credit/debit card validation during purchase.
• 27.5 We follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access in accordance with UK data protection legislation. We do not collect sensitive information about you except when you specifically knowingly provide it. In order to maintain the accuracy of our database, you can check, update or remove your personal details by accessing the "Contacts and Billing Details" section of the customer area. We use a technology called "cookies" as part of a normal business procedure to allow you to login to the Hostonics customer area. A cookie is an element of data that our customer area sends to your web browser which is then stored on your system.
• 27.6 In order to process credit/debit card transactions, the bank or card processing agency may require to verify your personal details.
• 27.7 If you have any questions about privacy please contact us at privacy@hostonics.co.uk [2]

Please note: by signing up for any of our services you agree to be bound by all Hostonics terms and conditions.

Links:

http://www.hostonics.co.uk/
privacy@hostonics.co.uk