Hosting TERMS & CONDITIONS: 

Last updated 07 April 2014

Early Worm Web Design - 365webhost Services

These terms & conditions constitute a valid and binding Agreement between 365webhost and you, The Customer, for any Services provided or ordered. By placing an order for any Services with 365webhost indicates your acceptance of these terms and conditions of service. These terms and conditions will not be varied for individual Customers.

1. DEFINITIONS.

As used herein and throughout this Agreement.
1.1 Agreement means the entire content of this Basic Terms and Conditions document.
1.2 365webhost and Early Worm Web Design means Crostini Enterprises Limited.
1.3 The Customer means the company or individual who has agreed to take Services through 365webhost.
1.4 Services means web hosting, domain name registration, email and any other Services or facilities provided by 365webhost.
1.5.1 Downtime means any service interruption in the availability to visitors of the Website.
1.5.2 Intellectual Property Rights means patents, trademarks, design rights, applications for any of the foregoing, copyright, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registratable or not in any country.
1.5.3 IP address stands for internet protocol address which is the numeric address for the server.
1.5.4 ISP stands for internet service provider;
1.5.5 Server means the computer server equipment operated by 365webhost in connection with the provision of the Services.
1.5.6 Spam means sending unsolicited and/or bulk emails.
1.5.7 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"’
1.5.8 Visitor means a third party who has accessed the Website;

2 INTRODUCTION
2.1 The Customer wishes to provide 365webhost with data that will be hosted on 365webhost’s servers and made accessible via the Internet.
2.2 365webhost provides web hosting Services and has agreed to host the Customer's data upon the following terms and conditions.

3 DUTIES
3.1 365webhost 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 365webhost the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or 365webhost ("the Customer Software”), in a format specified by 365webhost.

4 FEES AND PAYMENT
4.1 Payment can be made by cheque, cash, direct bank transfer or those outlined in 4.2. Payments other than cash must be cleared before Services will be provided.
4.2. Payments other than cash must be cleared before Services will be provided. Other methods of payment include credit cards (including MasterCard and Visa), debit cards (including Switch/Maestro) through PayPal and may require registration to the PayPal service.
4.3 365webhost Fees are not liable to VAT as we are not currently VAT Registered.
4.4 365webhost 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. An administration fee of £25.00 will also be payable to cover costs & time spent recovering late or unpaid amounts.
4.5 365webhost does not provide credit facilities.
4.6 All payments for renewals are to be cleared 30 days before the due date failure to do so will result in a full suspension of Services. Please note that not all Services can re-started, some Services will be permanently lost.
4.7 From time to time 365webhost 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.
4.8 Pro-rata refunds will not be issued for yearly Services that are cancelled, suspended or terminated accounts before the end of the yearly contract.
4.9 All Services will renew automatically unless the Customer cancels at least 30 days in advance of renewal date. The Customer must ensure they have received confirmation of cancellation otherwise renewal will proceed.

5 SOFTWARE LICENCE AND RIGHTS
5.1 If the Customer requires use of software owned by or licensed to 365webhost ("365webhost's software") in order to use the Services, 365webhost 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 365webhost 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 365webhost Software.
5.2 In relation to 365webhost's obligations under this Agreement in connection with the provision of the Services, the Customer grants to 365webhost 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 365webhost any right, title, interest or intellectual property rights in the Customer Software or the Content.
5.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense 365webhost Software.
5.4 365webhost may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including backup copies of the Content. Upon termination or expiration of this Agreement, 365webhost shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.

6 SERVICE LEVELS AND DATA BACKUP
6.1 365webhost shall use its reasonable endeavours to make the Services available to the Customer 98% of the time but because the Services are provided by means of computer and telecommunications systems, 365webhost makes no warranties or representations that the Service will be uninterrupted or error-free and 365webhost shall not, in any event, be liable for interruptions of Service or downtime of the servers.

6.2 365webhost carries out data backups for use by 365webhost in the event of systems failure. 365webhost do not provide data restoration facilities for individual Customers. Even though every effort is made to ensure data is backed up correctly 365webhost accepts no responsibility for data loss or corruption.

7 ACCEPTABLE USE POLICY
7.1 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:
7.1.1 Use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
7.1.2 Send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
7.1.3 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;
7.1.4 Threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
7.1.5 Engage in illegal or unlawful activities through the Services or via the Website;
7.1.6 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
7.1.7 Obtain or attempt to obtain access, through whatever means, to areas of 365webhost network or the Services which are identified asestricted or confidential. 7.1.8 Operate or attempt to operate IRC bots or other permanent server processes.
7.2 The Customer has full responsibility for the content of their Website. For the avoidance of doubt, 365webhost is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
7.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 7.1 365webhost shall be entitled to withdraw the Services and terminate the Customer's account without notice additional administration fees may be applicable if other accounts are affected on the server.
7.3.1 365webhost reserve the right to delete ALL site content if no resolution can be found or the site is too deeply infected with malicious scripts.

8 ALTERATIONS AND UPDATES
8.1 Where alterations and updates to the website are made by the Customer using an online account management facility, 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 365webhost and the password will be changed.
8.2 Where alterations and updates to the website are made by 365webhost, 365webhost will make a backup copy of data before update. Even though every effort is made to ensure data is backed up correctly 365webhost accepts no responsibility for data loss or corruption.

WARRANTIES
9.1 The Customer warrants and represents to 365webhost that 365webhost '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 365webhost as set out in Clause 6.2.
9.2 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, 365webhost shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.

10 INDEMNITY
The Customer agrees to indemnify and hold 365webhost 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 365webhost 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.

11 LIMITATION OF LIABILITY
11.1 Nothing in these terms and conditions shall exclude or limit 365webhost 's liability for death or personal injury resulting from 365webhost 's negligence or that of its employees, agents or sub-contractors.
11.2 The entire liability of 365webhost 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.
11.3 In no event shall 365webhost 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 365webhost had been made aware of the possibility of the Customer incurring such a loss.

12 TERM AND TERMINATION
12.1 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.
12.2 365webhost 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.
12.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
12.3.1 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
12.3.2 The other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
12.3.3 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
12.3.4 The other party ceases to carry on its business or substantially the whole of its business; or
12.3.5 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.
12.4 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.
12.5 On termination all data held in the Customer’s account will be deleted.

13 ASSIGNMENT
13.1 365webhost may assign or otherwise transfer this Agreement at any time.
13.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without 365webhost's prior written consent.

14 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.

15 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.

16 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.

17 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.

18 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of Northern Ireland and the parties hereby submit to the exclusive jurisdiction of the Northern Ireland Court Service.

19 DOMAIN NAME REGISTRATION
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 365webhost will provide a full refund for that domain name.

20 SCRIPTING
365webhost are not responsible for Customer programming issues.

21 PRIVACY
To protect your privacy we will not distribute your details to third parties, unless required to do so by law.

22 DATA TRANSFER
22.1 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.
22.2 Web hosting accounts do not permit file distribution (including but not limited to music, video and software) of any sort.
22.3 Web hosting accounts are prohibited from hosting 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.

23 SERVER USAGES
Should your account use more than 2% 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.

24 EMAIL NEWSLETTER
365webhost communicates with its 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.

25 WEBSPACE USAGE
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 housekeeping when maintaining their account.

26 MAIL BOXES
Mail boxes not accessed for 60 days or more will be deleted from the system.

27 DEACTIVATED ACCOUNTS
When your web hosting account is deactivated or suspended, you agree that after 45 days this account may be deleted from the system without notice.

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