Edge Interactive Ltd. Terms and Conditions
(1) Terms and Conditions relating to Payments & Quotations: General - Updated 11/07/2023
- Our hosting providers are Fasthosts, Webflow and Shopify. Edge Interactive Ltd are a reseller for Fasthosts and we purchase their services which include domain purchases, SSL certificates, email boxes and website hosting. Webflow and Shopify provide website hosting only.
- Our payment terms are on a 30 day basis for annual website hosting renewals, SSL's, domain renewals, email box renewals and monthly retainers. In accordance with our updated terms and conditions, we now impose a 48 hour suspension notice on all unpaid invoices that are more than 14 days late. There will be fees added to restart your services.
- Payment terms for any website amends, artwork or printed material is 14 days.
- We have the right to change their payment terms at any time.
- A hosting plan activation date is when we set up email boxes, purchase domains or start the website build, and NOT when the site is ready for launch. It is a binding rolling contract charged annually. The hosting plans are invoiced 3 months prior to the anniversary of the hosting due date and covers a 12 month period. This gives you time to notify us in writing if you would like to make a transfer or terminate your services. This requires a 30 day minimum notice. If we do not receive confirmation in writing within this 3 month period, the hosting plans will renew automatically and you are liable to pay the outstanding invoice/s issued.
- All prices quoted or invoiced exclude VAT unless otherwise stated.
- Quotations are valid for 30 days from date of issue.
- A 50% deposit invoice is issued as a pro-forma invoice for all website and artwork projects.
- Projects that exceed 30 days of production may be charged time to date.
- Larger projects that exceed 30 days of production may be charged in staged payments.
- Any work carried out above the scope of a quotation will be invoiced separately.
- Amendments to design once signed off and after the start of the build will incur additional costs.
- The standard hourly rate is £50.00 per hour but may change without prior notice. Minimum charge for time taken work is 30 minutes.
- Quotations are based on the current costs of production and are subject to amendment by suppliers on or at any time after acceptance of the quotation. In this instance, you will meet any rise or fall in such costs.
- Any website will be sent live once the final invoice has been made.
(2) Website - Technical
- As a business user; it is understood we exclude all implied conditions, warranties, representations or other terms that may apply to a website or related websites or any content on it. We will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: Use of, or inability to use the website or related websites / use of our reliance on any content displayed on the website or related websites. In particular we are not liable for: loss of profits, sales, business or revenue / business interruptions / loss of anticipated savings, business opportunity, goodwill or reputation or any indirect or consequential loss or damage.
- Upon launch, you are deemed to have approved the website. Any subsequent alterations requested by you following launch, will be charged extra.
- Where you choose to host your website on 3rd party servers other than those administered directly by us, responsibility for set up, compatibility and/or server problems remains with you. We will not be held responsible for issues related to loss of email, loss of database information or loss of website.
- If FTP access is granted (Fasthost server only) to a third party on behalf of you, you are responsible for the files that are uploaded to our servers. You will be responsible if any uploaded files are compromised, corrupt or contain viruses and any costs which we may incur.
- Where access is given to a 3rd party via the customer control panel to make changes of their own to email, dns, server, databases, the responsibility will lie with you. Note: Please do not change any passwords or IP addresses relating to email, databases, A records or CNAME. If these are changed, we are not responsible for any costs related to email, website or database failure. Annual contracts still apply if IP addresses and nameservers are pointed away from our server.
- CMS (Content Management System) are supplied by Fasthosts, Webflow and Shopify.
- CMS Administration details will be supplied to you to populate and manage the site at handover stage. You are responsible for the files that are uploaded to our servers. You will be responsible if any uploaded files are compromised, corrupt or contain viruses and any costs which we may incur.
- CMS’s held on Fasthosts, Webflow and Shopify servers are NOT transferable. If you decide to move your website we will provide the related html/php files, databases and related folders only.
- When you make constant unreasonable additions, amendments and time delays to a website build above what was quoted, we reserve the right to stop the progress of a website build, review costs and re-quote. A further payment will be required for the project to proceed once re-quoted. This is so we do not breach our obligations pursuant to the Supply of Goods and Services Act 1982. Additionally this is also to halt the pursuit of a you withholding payment due to an alleged breach of contract for not providing a website that is fit for purpose, satisfactory quality, intended purpose or for its initial requirements.
- The term ‘preliminary work’ refers to any preparatory visuals and/or consultations following your acceptance of these terms and prior to receipt of your order. We reserve the right to charge for all preliminary work undertaken on behalf of you where an order is not placed with us or where the placing of an order is delayed by you. We reserve the right to calculate the amount of preliminary work undertaken on behalf of the client and to charge this at the standard hourly rate. We also reserve the right to determine at what point the order is deemed to be delayed by you. Following receipt and completion of an order any costs charged for preliminary work will be deducted from the final invoice.
(3) Printing General
- Amendments to design once signed off and after the start artwork of the document will incur additional costs.
- Proofs of work will be submitted to you for signature, and no work will be forwarded to the printer until you have signed the proof off. No responsibility will be accepted for any errors made not corrected by you. Following submission to the printers, any alterations, including alterations in style made by you, and the cost of additional design time and proofs necessitated by such corrections will be charged as extra.
- Although every effort will be made to match colour output, there may be dissimilarity due to the different processes involved in proofing and printing.
- Where you choose to use a 3rd party printer NOT approved by us, we will NOT take responsibility for the final printed product regarding quality of stock, colour or delivery.
(4) Delivery of Goods - Print
- Our standard delivery times range from 3-10 working days from the sign off date of final proofs and is subject to the item ordered. Confirmation of delivery will be made upon sign off of artwork files.
- You should receive your order within 1 day from the time of delivery dispatch. We work with a contractor courier company to make deliveries to our customers on our behalf on either the next working day or the same day (if agreed by the customer).
(5) Intellectual property rights - Website
- You retain all intellectual property rights in your Material/Content/Images, and you grant to us a worldwide, non-exclusive, royalty free licence to use, store and maintain your Material on our servers and publish your Material on the Internet for the purpose of providing the Hosting Service to you. You warrant that your Material does not infringe the intellectual property rights of any third party. We may make such copies as may be necessary to perform our obligations, including making back-up copies of your Material.
- You will defend, indemnify and hold us, Fasthosts, Webflow or Shopify harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services or of any claim or action that your Material infringes, or allegedly infringes, the intellectual property rights of a third party.
- We retain all intellectual property rights in the Hosting Services (other than in your Material). Accordingly, you must not decompile, disassemble or reverse engineer the Hosting Services or our software.
(6) Intellectual property rights - Design and print
- You understand artwork and designs created by us remain the property of us. We are the originators. Rights remain with the originator however the rights can be relinquished once you make full payment. Attempts to copy or duplicate artwork or designs is unlawful without permission of us.
- Under the 'Retention of Goods Act' any literature designed, printed and delivered to you will remain the property of us under copyright law until paid for in full. We hold the right to retrieve any materials not paid for. We will ALWAYS pursue this matter through the courts.
(7) Domain Name Registration
The following terms and conditions apply to the domain registration service:
- You will be the registered holder of any domain names purchased by us on your behalf. However from time to time for technical reasons, we will register domain names for you under the name of Edge Interactive Ltd and in such cases we will be the registered owner of that domain name.
- We will NOT be responsible for any domain name that does not reside on our servers. If a domain is unlocked and moved to another provider upon request of you, we will no longer be held responsible for any technical issues, email, database, status, loss of service or loss of revenue related.
- Edge Interactive acts as a reseller of Fasthosts and who has been granted the right to provide Internet domain registration Services for second-level domain names within the .com, .org, .net, .co.uk, .mobi, .eu, .org.uk, .ltd.uk and .plc.uk top-level domains, for email boxes and hosting services.
- You acknowledge and recognise that the domain name system and the practice of registering and administering domain names is continuously evolving and that we may modify this Agreement as necessary from time to time to comply with any agreements by which we are or will be bound, and to adjust to changing business circumstances. We will notify you of these changes by email to refer You to the amended provisions.
- ICANN oversees the .com, .org, .mobi and .net top-level domains. Nominet oversees the .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains. EURID oversees the .eu top-level domain. You can find information about ICANN's Registrants Rights and Responsibilities document here: http://www.icann.org/en/registrars/registrant-rights-responsibilities-en...
- Upon receipt of domain name registration information from Edge Interactive Ltd, Fasthosts shall submit the information to the registry administrator for the appropriate top-level domain for approval and processing. The registry administrator then puts into effect the domain name registration. Tucows, Inc. currently acts as the registry administrator for the .com, .mobi, .org, and .net top-level domains. Nominet UK acts as the registry administrator for the .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains. EURID acts as the registry administrator for the .eu top-level domain.
- You represent that, to the best of your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.
- If You are registering a domain name during the finite period of time when owners of trademarks and service marks have priority to do so ("Sunrise Period"), You acknowledge and agree that registrations for domain names during the Sunrise Period will only be accepted on the conditions applicable to those new domain names and their Sunrise provisions which may include a minimum registration term.
- By registering or renewing a .uk top-level domain and agreeing to these terms & conditions, you agree that you have read and agree to the Nominet terms & conditions, If You are registering the domain for a third party, You warrant that the third party for whom you register the domain name have read and agree to the Nominet Terms & Conditions.
- Upon requesting a registration through Edge, we will submit a registration through the Fasthosts control panel, Fasthosts will submit your application to the relevant registry for processing. However, It is Your responsibility to check using WHOIS that Your domain registration has been successful twenty-four hours after payment has been made to us. Name restrictions
- Registrations in the .name top-level domain must constitute an individual's "Personal Name". For purposes of the .name restrictions (the "Restrictions"), a "Personal Name" is a person's legal name, or a name by which the person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.
- In consideration for Fasthosts providing domain name registration Services to you, you agree to pay us, prior to the approval of the desired domain name registration, the amounts set forth in our price schedule, as amended from time to time, for the initial registration of the domain name and any subsequent renewals.
- Your application will not be registered until we have processed the registration and Fasthosts receives actual payment of the registration fee. If Fasthosts does register a domain name prior to payment of the registration fee, Fasthosts reserves the right to cancel that registration or restrict use of the domain name until payment has been received.
- All fees must be prepaid and are non-refundable, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term.
- In the event of a charge back by a card company or other payment provider authorised by us, the domain name registration shall be transferred to Fasthosts as the paying entity for the registration. Fasthosts may reinstate Your domain name registration at its sole discretion upon its receipt of the registration or renewal fee and its then current reinstatement fee. The reinstatement fee is currently £100.
(8) Ownership of data
- You agree and acknowledge that Fasthosts owns the following:(a) all database, compilation, collective and similar right, title and interests worldwide in the domain name database;(b) all information and derivative works generated from the domain name database; and(c) information for the registrations for which Fasthosts acts as the registrar including:(d) the original creation date of the registration;(e) the expiration date of the registration;(f) the name, mailing address, email address, telephone number, and fax number of the technical contact, administrative contact, zone contact, and billing contact for the domain name;(g) remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database; and (h) other information generated or obtained in connection with the provision of domain name registration and management Services, other than the domain name being registered, and the IP names and addresses of the primary nameservers and any secondary nameservers.
- Fasthosts does not have any ownership interest in Your specific personal registration information outside of Your right in Fasthosts domain name database.
(9) Transfer of ownership
- The person named as Registrant on the Whois shall be the "Registered Name Holder." The person named as administrative contact at the time the controlling account was secured shall be deemed the designate of the Registrant with the authority to manage the domain name. Registrant agrees that prior to transferring ownership of the domain name to another person (the "Transferee") Registrant shall require the Transferee to agree, in writing and be bound by all the terms and conditions of this Agreement. If the Transferee fails to be bound in a reasonable fashion (as determined by Tucows in its sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void. Registrant explicitly authorises Tucows to act as their Designated Agent, as stipulated by the ICANN Transfer Policy, to approve a Change of Registrant on their behalf. Upon making changes to the registrant first name, last name, company name and/or email address, a 60 day transfer lock will be applied to the domain registration.
(10) Domain name dispute policy
- You agree to be bound by the Domain Name Dispute Policy (the "Dispute Policy"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference.
- The Dispute Policy governs any dispute between you and any party other than us over the registration and use of the domain name. The specific disputes which are subject to the Dispute Policy are contained in the Dispute Policy. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time the domain name registration is disputed by a third party.
Information You are required to Submit
- As part of the registration process, You are required to submit to us and keep updated the following information in connection with Your application for domain name registration: (a) the domain name to be registered;(b) the domain name holder's name and mailing address;(c) the name, mailing address, email address, telephone number, and fax number of the administrative contact for the domain name; and(d) the name, mailing address, email address, telephone number and fax number of the billing contact for the domain name.
- You shall provide and maintain updated information at all times with us and at its discretion may refuse to renew any registrations unless You maintain current and updated information at all times.
- We may from time to time request additional information from You. While not obligated to provide the additional information, You should provide the additional requested information to ensure that You will obtain all the products and Services which we make available to domain name registrants.
- Additional Information Maintained about Your Registration
- In Addition to the information You provide Edge Interactive Ltd, Fasthosts maintain additional information relating to Your domain name registration, including:(a) the original creation date of the registration;(b) the date and time the registration application was submitted to Fasthosts and the appropriate registry;(c) communications constituting registration orders, modifications, or terminations and related correspondence;(d) records of account for Your domain name registration, including dates and amounts of all payments and refunds;(e) the IP names and address of the primary name servers and any secondary name servers;(f) the name, mailing address, email address, telephone number, and fax number of the technical contact for the domain name;(g) the name, mailing address, email address, telephone number, and fax number of the domain registrant for the domain name;(h) the expiration date of the registration; and (i) other information regarding all other activity regarding Your domain name registration and related Services.
- If in registering a domain name You provide information about a third party, You hereby represent that You have provided notice to and have obtained the express consent from the third party to the disclosure and use of the third party's information as set forth in this Agreement.
- You agree to authorise Fasthosts to provide any information to ICANN, the registry administrators and to other third parties as ICANN and applicable laws may require or permit. You acknowledge and agree that Fasthosts may make publicly available, some or all of the domain registration information provided by You, for purposes of inspection such as through Fasthosts WHOIS Service or for any purpose as required or permitted by ICANN and applicable laws.
- In addition, You acknowledge that ICANN may establish guidelines, limits and requirements that relate to the amount and type of information that Fasthosts may or must make available to the public or to private entities, and the manner in which such information is made available.
- You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of information are updated from time to time provided in connection with registration of a domain name, whether during or after the term of the registration of the domain name. You hereby irrevocably waive any and claims and causes of action You may have arising from such disclosure or use of the domain name registration information.
- We have the authority to bind that entity as a principal to all terms and conditions contained in this Agreement.
- We will remain the domain name holder of record and and you will remain responsible for all obligations under this Agreement, including payment obligations, and providing and updating Your full contact information, and accurate technical, administrative, billing, and zone contact information adequate to facilitate timely Resolution of any problems that arise in connection with domain name and domain registration.
(11) Registrant Data
- You must not knowingly provide poor quality Registrant data.
- Consumers are currently allowed to opt-out of providing their postal address on theWHOIS.You should take reasonable steps to ensure the opt-out is used correctly and not set this field to default to opt-out unless You can show that all Your Registrants are consumers.
- You agree that upon registering a domain through Edge Interactive Ltd, Fasthosts can pass on your contact details to the Registry Administrator if required to do so by the Registry.
- Limitation of liability
- You agree that Edge Interactive Ltd or Fasthosts shall, under no circumstances, be liable for any special, indirect, incidental, punitive, exemplary, or consequential damages resulting from loss of profits, arising out of or in connection with this Agreement, even if Edge Interactive Ltd or Fasthosts has been advised of the possibility of such damages, and in particular Edge Interactive Ltd or Fasthosts will not be liable for the following: (a) suspension or loss of Your domain registration;(b) use of Your domain name registration;(c) interruption of Your business;(d) access delays or interruptions to any websites accessed by Your registered domain name;(e) non-delivery, mis-delivery, corruption, destruction, or modification of data;(f) events beyond the reasonable control of Edge Interactive Ltd or Fasthosts;(g) processing of an application for domain name registration; or(h) application of the Dispute Policy.
- Edge Interactive Ltd or Fasthosts shall not, under any circumstances, be liable or responsible for any errors, omissions or other actions by the registry administrator arising out of or related to Your application, receipt of, or failure to receive a domain name registration.
- Edge Interactive Ltd or Fasthosts maximum aggregate liability shall not exceed the greater of:(a) the total amount paid by You for registration of the domain name; or(b) £50.00 (UK Pounds). Indemnification of Edge Interactive Ltd or Fasthosts.
- You agree to defend, indemnify and hold harmless Edge Interactive Ltd or Fasthosts and the registry administrator, including any of its employees, directors, officers, representatives, agents and affiliates, from and against any claim, action, suit, demand, loss, damages, costs ( including reasonable legal fees, expert witness fees and expenses), or other proceeding related to or arising out of the registration or use of the domain name. This indemnification is in addition to any indemnification required under the Dispute Policy.
- Representations and warranties
- You represent and warrant that:(a) all information provided in connection with Your domain name registration is accurate; and(b) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party.
- You acknowledge and agree that all domain name registration Services provided to You by Edge Interactive Ltd or Fasthosts are provided on an "as is" basis. Edge Interactive Ltd or Fasthosts makes no representations or warranties of any kind, express or implied, in connection with this Agreement or its domain name registrations Services, including but not limited to warranties of merchantability or fitness for a particular purpose. Edge Interactive Ltd or Fasthosts makes no representation or warranties of any kind that registrations or use of domain name under this Agreement will immunise You from challenges to the domain name registration or from suspension, cancellation, or transfer of the domain name to You.
(12) Breach and revocation
- Edge Interactive Ltd, Fasthosts, Webflow or Shopify reserves the right to suspend, cancel, transfer or modify Your domain name registration in the event that:(a) You materially breach this Agreement;(b) You use Your registered domain name to send unsolicited commercial advertisements in contravention of applicable laws or customary acceptable usage policies of the Internet;(c) You use Your domain name in connection with unlawful activity;(d) grounds arise for such suspension, cancellation, transfer or other modification as provided in this Agreement; or(e) You use Your domain name in connection with material that is slanderous to Edge Interactive Ltd, UKreg, Fasthosts or other associated companies.
- You further acknowledge and agree that Your domain name registration is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including Fasthosts) or registry administrator procedures approved by an ICANN-adopted policy, or by any other country code top-level domain registry administering procedures to correct mistakes by Fasthosts, another registrar or the registry administrator in administering the name or for the resolution of disputes concerning the domain name
- You also agree that Fasthosts shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as Fasthosts receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.
- You acknowledge and agree that:(a) providing inaccurate information;(b) failing to update information promptly; or(c) failing to respond to Fasthosts' inquiries concerning the accuracy of contact details within fifteen (15) calendar days of request; shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of Your domain name registration.
(13) No Guarantee
- You acknowledge that registration or reservation of Your chosen domain name, does not confer immunity from objection to either the registration, reservation, or use of the domain name.
- Please note that customers who own the qualifying domain have the .uk equivalent automatically reserved for them until 10th June 2019, as long as that domain remains registered to them.
- For further information on the .uk rights to registration, please visit www.dotuklaunch.uk/im-existing-customer
- If at any time you decide not to renew your existing qualifying domain, the reserved .uk equivalent will automatically become available. Please note: by signing up for any of our services you agree to be bound by both Edge Interactive Ltd and Fasthosts terms and conditions.
(14) Website Hosting: Acceptable Use Policy
- This acceptable use policy sets out the terms between You and Edge Interactive under which you may use the hosting services we provide (“Hosting Services”). Your use of the Hosting Services means that you accept, and agree to abide by, all the policies in this acceptable use policy.
(15) Resource usage
The Hosting Services comprise the provision of web space on our servers to enable you to upload pages and files for the purpose of publishing websites.
You may not use the Hosting Services:
- in any way that breaches any applicable local, national or international law or regulation
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
- for the purpose of harming or attempting to harm minors in any way
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see section 4)
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (also known as SPAM)
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You must not use the Hosting Services as an offsite backup facility. Therefore, all files uploaded to our servers as part of your usage of the Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to operate the website of which they form part; We reserve the right to delete files or directories that are not web-visible without giving notice to you. All pages of websites stored on our servers as part of the Hosting Services will be available to search engines unless you take action to prevent this. If you wish to optimise your web pages for search engines you agree to use coding and techniques which comply fully with the guidelines issued by Google, MSN, Yahoo and other large search engines. Interactive services Where you use, or allow the use of, the Hosting Services to host a website on which interactive services (for example, chat rooms or bulletin boards) are provided (“interactive services”), you must ensure the use of best practice to operate those interactive services. Notwithstanding the use of best practice in operating the interactive services, you must assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service you allowed to be hosted using the Hosting Services and use appropriate moderation in the light of those risks. However, we are under no obligation to oversee or monitor your use of the Hosting Services in relation to any interactive services you provide or allow to be provided.
(16) Content standards
These content standards apply to any and all material that you allow to be hosted through the Hosting Services (“Material”), and to any interactive services associated with it.
- You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Material as well as to its whole.
- be accurate (where they state facts)
- be genuinely held (where they state opinions)
- comply with applicable law in the UK and in any country from which they are posted
Material must not:
- contain any material which is defamatory of any person
- contain any material which is obscene, offensive, hateful or inflammatory
- contain any material that is pornographic
- promote violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- infringe any copyright, database right or trademark of any other person
- be likely to deceive any person
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
- promote any illegal activity
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
- be likely to harass, upset, embarrass, alarm or annoy any other person
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person
- give the impression that they emanate from us, if this is not the case
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse. Suspension and termination. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Hosting Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.Failure to comply with this acceptable use policy upon which you are permitted to use the Hosting Services may result in our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use the Hosting Services
- immediate, temporary or permanent removal of any Material (as defined in paragraph 4) uploaded to our servers
- issue of a warning to you
- issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
- further legal action against you
- disclosure of such information to law enforcement authorities as we reasonably feel Is necessary.
- We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
(17) Changes to the Acceptable Use Policy
- We may revise this acceptable use policy at any time. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.
(18) Hosting Service Usage Limitations
Your limitations are:
- your Material is linked into web pages
- you do not use the Hosting Service as a backup of, or repository for, your Material
- you maintain good housekeeping to maintain your Material
- you comply with our acceptable use policy The Hosting Service package you order includes the per calendar month bandwidth allowance applicable to that hosting package as defined by us at the time of your order. The Hosting Service you have ordered will be automatically suspended if this monthly bandwidth allowance is exceeded. If this happens, you have to upgrade your Hosting Service package to one which includes a higher monthly bandwidth allowance or wait for the Hosting Service to resume at the start of the following calendar month. You will receive email notification from us of any instance where monthly bandwidth allowance has been exceeded. When using the Services, you must comply with our Terms of Website Use and our Acceptable Use Policy. Any conflict between our terms of website use and these terms and conditions, will be resolved in favour of these terms and conditions.We shall be entitled to terminate or suspend the provision of any individual Services, if you are in breach of our Terms of Website or Acceptable Use policy.
- If a problem has arisen with regard to the services or your registered account, you can access support through email to email@example.com or via telephone: 01652 653800. Our support operating times are 9-5pm Monday to Friday.
(20) 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 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:
- loss of income or revenue
- loss of business
- loss of profits or contracts
- loss of anticipated savings
- loss of goodwill
- loss of software or data
- wasted expenditure (such as pay per click advertising costs)
- wasted management or office time.
(21) Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our Services caused by events outside our reasonable control (“Force Majeure Event”).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of public or private telecommunications networks; and
- the acts, decrees, legislation, regulations or restrictions of any government. Our performance will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event. Our right to vary these terms and conditions We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.