WebHosts UK

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Terms of Service

WebHosts UK - Terms of Service

Updated: March 2009

REFUNDS & 30 DAY MONEY BACK GUARANTEE

The first 7 Days
Under the terms of The Consumer Protection (Distance Selling Regulations 2000) consumers have a 7 day period from the date that the order is placed in which they may cancel orders placed by distance contract.
The Consumer Protection (Distance Selling Regulations 2000) does not apply to business-to-business transactions. The consumer's right to cancel does not apply where goods or services are clearly personalised or made to the consumer’s specifications, or once service provision has begun.
Domain names are personalised to the consumer's specifications and service provision will begin from the moment the domain name registration is submitted to the registration authorities. Therefore, the consumer's right to cancel does not apply and WebHosts UK will make no refund for any domain name registration.
After the 7 day period
WebHosts UK offers a 30 day money back guarantee from the date the order was placed, if for any reason we fail to deliver services as described we will refund your payment less £7.99* for domain name charges which we have incurred on your behalf (*this includes our free domain offer). You will be given full access to your domain and will incur no further charges from us. If you did not receive a free domain or ask us to register one on your behalf then a refund will be issued minus transaction fees. All refunds are made within 30 days.

CANCELLATION

WebHosts UK reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership less domain registration costs. In the event of WebHosts UK terminating a customer's account due to a situation beyond WebHosts UK control, the customer is not entitled to a refund. In this event WebHosts UK will attempt to offer an alternative service at WebHosts UK’s own sole discretion. WebHosts UK does not guarantee that an alternative service will be offered or be available to the customer.
If a customer contravenes WebHosts UK terms of service, a refund will not be issued in the event of a cancellation by WebHosts UK and/or the customer. Customers may cancel their account at any time. Fees charged on a prepay basis are none-refundable. All cancellations must be submitted to our sales staff 30 days prior to a new billing period.

PAYMENT POLICIES

All accounts are set up on a prepay basis. Although WebHosts UK reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment (yearly/monthly). Payment is due yearly/monthly following the date the account was established, Confirmation of payment will be sent directly to customers via email from our payment processor shortly after the online purchase has been made. Your payment is recurring and you will be billed at the interval you agreed to, if you wish to cancel the billing you may do so 30 days prior to a new billing period. Any errors regarding payment / billing must be brought to our attention within 30 days of the transaction; There is a £15.00 administrative fee for any charge back placed against us without first trying to resolve the issue through ourselves. Any charge backs or threatened charge backs are grounds for immediate account cancellation.
If any payments are outstanding for more than 30 days then we reserve the right to pass the debt on to VBS Debt Collection Ltd, who will act on our behalf to recover the debt.

DOMAIN REGISTRATION

Domain names will be registered as soon as possible after a hosting account has been created on receipt of cleared payments. There are no guarantees that your domain name will still be available after you purchase your hosting account. In the event of this you will have the option to choose another domain. Please note that web sites will not become "Live" straight away. Normally this will take between 24 - 48 hours for the DNS servers to update. Though you will have access to upload your site and to preview it via a local IP Address.

SPAM

WebHosts UK has a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either:
  • Over the WebHosts UK network,
  • by customers
  • or any other users of the WebHosts UK network (including customers' customers);
  • AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the WebHosts UK server.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email, cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to a WebHosts UK email address or web site URL is prohibited.
The use of WebHosts UK servers as a mail drop for responses to activities described above is also prohibited. Malicious or threatening email is also prohibited. We reserve the right to immediately deactivate your use of our service if we discover such activity. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement. Anyone using our services for spamming will be immediately subject to a £250 network abuse fee.

ILLEGAL MATERIAL

This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Euro, UK, Federal or State Laws. We do not allow any © Copyrighted works which you do not own the © copyright of:

  • Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content.
  • Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, and password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide; links to or how to information about such material.
  • Any account found to contain these materials will be terminated with no refunds, we will never allow adult material of any kind on our servers, we reserve the right to deem which is adult material and which is no.

 

RESOURCE USER POLICY

Resources are defined as bandwidth usage and/or processor utilisation. We do not offer unlimited bandwidth and we do not offer unlimited resources - unless specifically stated in the package details. If we determine that any site on our servers is using too much of the server's resources and therefore abusing the WebHosts UK server, we have the right to suspend that domain without any notice. It is then up to you to contact us to get your account activated again. We are quick to suspend any domain that abuses the server's resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same hosted server.

RESELLERS

Resellers must adhere to these terms, customers of resellers must also adhere to these terms. Resellers are not permitted to offer unlimited resources to their clients - without our prior agreement. Accounts found to be offering unlimited disk space and or bandwidth will be terminated without warning.
Resellers must handle all support issues for their clients, we will however offer support to resellers.
Resellers who fail to meet their monthly payment without a valid reason risk their account and clients accounts being suspended.
If a reseller has failed to pay and is deemed as none co-operative or unreachable then we reserve the right to terminate that account and all clients under it, or at our sole discretion offer the reseller clients alternative hosting with ourselves at the rates advertised on our site.
Under no other circumstances will we contact reseller’s clients.

SERVER USE

Personal accounts are to be used by the primary owner only. Personal account holders are not permitted to resell, store or give away web-hosting services of their website to other parties or to offer free or paid email forwarding/sub domains to others. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads.
WebHosts UK reserves the right to refuse service and /or access to its servers to anyone. Ubb boards and yabb or any cgi based boards or IRC are not permitted, php programs such as phpbb and vbulletin boards are accepted. If you are unsure, please contact us.
We reserve the right to disable any CGI script that effects normal server operation or service to other customers. We do not allow mass email marketing sites on our servers. Sites such as "safe lists" are also strictly prohibited. We reserve the right to shutdown such sites, that we consider harmful to the server's performance.

DISRUPTIONS

You are not permitted to use our services for any activity which affects the ability of other people or systems to use our Services or the Internet. This includes; denial of service; (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. WebHosts UK does not allow the hosting of IRC, IRC Bots, or eggdrops on our network. Customers found hosting this material will be subject to immediate cancellation without refund. Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination

We will use our reasonable endeavours to make our servers available to you as part of the Hosting Service you purchase. We do not warrant access to our servers will be uninterrupted or error free but we shall use reasonable endeavours to keep downtime to a minimum. We shall make all commercially reasonable efforts to provide you with advanced notification of all scheduled and emergency outages.

Service credits are not given for any form of downtime or service unavailability.We will use our reasonable endeavours to make our servers available to you as part of the Hosting Service you purchase. We do not warrant access to our servers will be uninterrupted or error free but we shall use reasonable endeavours to keep downtime to a minimum. We shall make all commercially reasonable efforts to provide you with advanced notification of all scheduled and emergency outages.

  • Please Note: Service credits are not given for any form of downtime or service unavailability.

 

INDEMNIFICATION

Customer agrees that it shall defend, indemnify, save and hold WebHosts UK harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitors/attorney's fees asserted against WebHosts UK, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless WebHosts UK against liabilities arising out of;

  • (1) any injury to person or property caused by any products sold or otherwise distributed in connection with WebHosts UK server;
  • (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
  • (3) copyright infringement;
  • (4) any defective products sold to customer from WebHosts UK’s server.

OUR LIABILITY

We do not monitor and will not have any liability for your Material or any other communication you transmit, or allow to be transmitted, by virtue of the Hosting Services.
Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider and no guarantee or representation is given that the Hosting Services will be free from hackers or unauthorised users. You shall be liable for the content of any emails transmitted by virtue of the Hosting Services, for any material you upload to, or allow to be uploaded to, our servers and for ensuring compliance at all times with all relevant legislation (including, but not limited to the Data Protection Act 1998 and all other privacy laws, regulations and guidance notes made or issued thereunder).

All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.

We do not exclude or limit in any way our liability:

  • for death or personal injury caused by our negligence;
  • under section 2(3) of the Consumer Protection Act 1987;
  • for fraud or fraudulent misrepresentation; or
  • for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:

  1. loss of income or revenue;
  2. loss of business;
  3. loss of profits or contracts;
  4. loss of anticipated savings;
  5. loss of goodwill;
  6. loss of software or data;
  7. wasted expenditure (such as pay per click advertising costs); or
  8. wasted management or office time.


Subject to clause .4 and clause .5, our maximum aggregate liability under or in connection with the performance or contemplated performance of the Contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed one hundred and ten (110) per cent of the price you have paid to us for the Services during the three (3) months preceding the event giving rise to the liability in question (maximum 3 months hosting costs), for customers who have had our hosting services for 12 months or more.
Accordingly, YOU are advised to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services (in particular the Hosting Services).

DISCLAIMER

WebHosts UK will not be responsible for any damages your business may suffer. WebHosts UK makes no warranties of any kind, expressed or implied for services we provide. WebHosts UK disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, none deliveries, wrong delivery, and any and all service interruptions caused by WebHosts UK and its employees. WebHosts UK reserves the right to revise its policies at any time. Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning. Customers are solely responsible for backing up their data.


Thankyou - Webhosts UK.


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