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THESE TERMS AND CONDITIONS APPLY TO ALL HOSTING PACKAGES

Web Hosting Terms and Conditions

Last updated 03-04-2007.

These terms and conditions constitute an agreement between Mark Christopher Cook and James Huxtable trading as Leading Edge Hosting (herein referred to as ‘the company’) and you ‘The Client’.

These terms and conditions apply to all hosting packages and services provided by the company to the Client.

You entered into a web hosting contract with the company, which includes conditions limiting our liability and relating to our use of your personal information.

These terms and conditions are for the web hosting services the company provides, and are separate to any arrangement you may have with any other organisation for providing Internet services, and to any other contract you may have made with the company.

These terms and conditions replace all previous contracts, understandings and representations you may have with the company for web hosting, whether spoken or written.

Definitions

‘Deliverables’ – The files, systems, programs, infrastructure and code that make up the contents of the agreement.

‘Web Standards’ – As defined by the World Wide Web Consortium (w3c). Further information about web standards is available here: http://www.w3.org/

‘Non-standard server configuration’ – The Company considers the current running production server as having our standard configuration. Any request to change this (including installing new software, reconfiguring existing software, adding hardware) is considered a non-standard server configuration.

‘Hanged’ – when a computer or software running on a computer stops responding to user input and/or system calls.

Order Acceptance

The Company has not officially accepted your application & order until you receive a full confirmation email detailing your account settings. Before this time the company reserves the right to cancel, reject or abort any order or application made by the Client. In any such case, if funds have already been taken, a full refund will be made.

Because all products & services sold by the company are tailored specifically around the domain name registered or transferred, both them & the domain are classed as customisable items. Therefore the Client agrees that the Consumer Protection Regulations 2000 (Distance Selling) do not apply to our services and therefore the right to cancel registration or an order is not available.

Contract Length

By signing up with the company for any package, you are agreeing to a one year contract. Because of this if you make a cancellation of this contract at any time during the length of the contract there is no refund available to you. The company, however, may decide to refund Clients in certain circumstances however the decision to do this will be made solely by the company.

Once the contract term is completed, the Client and company shall automatically enter a rolling contract agreement under the same terms.

Domain Registration

The domain name registration period runs for one year from the date of registration. After this time period has lapsed, registration renewal may be made upon receipt of payment of renewal fees.

Domain name registration for .co.uk, .org.uk, .me.uk domain names lasts for two years from the date of registration. After this time period has lapsed, registration renewal may be made upon receipt of payment of renewal fees.

No refunds can be made if registration attempts though other parties have been made by the registrant within 48 hours (either side) of attempting to register the domain through the company.

Until the registrant receives confirmation of registration from the company, there is no guarantee that the domain name requested will be registered.

The company will do all they can to ensure that the registrant's details are submitted correctly during registration.

The registrant agrees that all details submitted in respect of a domain name registration are true and correct. The registrant makes certain to the company that the registration of a domain name and the way in which it is used (directly or indirectly) does not infringe the legal rights of any third party. The company does not accept any responsibility for the use of registered domain names especially where there may be conflict over rights to ownership. The registrant indemnifies the company from any legal proceedings and costs that arise as a result of the registration and use of a domain name.

All .co.uk, .org.uk and .me.uk registrants must agree to Nominet UK's terms and conditions located at http://www.nominet.org.uk/registrants/aboutdomainnames/legal/terms/

Termination & Misuse

In the event of a breach of our terms and conditions: If the violation of our terms is one that can be remedied by the Client upgrading to another package we will suggest this via email and allow 48 business hours for this to happen. If the Client chooses not to upgrade to resolve the violation or if the violation cannot be resolved by such an upgrade we will firstly suspend the web hosting account and email the Client. The matter will then be considered by our management team and the account will either be reopened or officially closed.

Accounts can be terminated by the company if they are being misused by the user. The company will always attempt to contact the account holder in any such case although suspensions are not guaranteed to receive email notifications. Misuse includes, but is not limited to, all of the following;

The sending of UCE (Unsolicited Commercial Email – ‘SPAM’) through our servers, or through third party servers, including promoting a web site hosted by us, can result in the suspension or termination of your web hosting account.

With packages that do not allow the hosting of; .mov, .avi, .mp3, .mpeg, .mpg, .wav, .rm, .ram, .rmx, .asf, .wmf, .wmv, .wmp, storing these files is not permitted in any shape or form. Any account found to be hosting these file types will either be asked to upgrade to another account (which allows the hosting of such files) or, alternatively, will be suspended without prior warning.

Fair Use Policy

All features, including 'Unlimited' features are subject to this fair use policy.

For some shared resources we require that customers do not continuously use an unreasonable excess of those resources (using them in a burstable fashion is, of course, entirely acceptable). Examples of an excess might include; running software that uses all available CPU constantly, or continuously using many times the base-allocation of un-metered bandwidth. In such circumstances we reserve the right, at our discretion, to request that the Client cease such activities or are forcibly upgraded to a more suitable package or, in the case of excess use of un-metered bandwidth, be moved to a metered bandwidth connection. The company reserves the right to limit any feature of any Client account after giving 48 hours prior notice. It is the sole right of the company to decide if resources are being used to an unreasonable excess.

The company also reserves the right to terminate, without notice, any server program or script or running software that the company deems to be using excessive computer resources or that has ‘hanged’.

Cancellation

We may cancel your account for any of the following breaches of our terms and conditions:

  1. The hosting of, reference to or linking to nudity, pornography, anything of a sexual, lewd, or obscene nature.
  2. The hosting of, reference to or linking to violations of any copyright or any other right of any third party.
  3. The hosting of, reference to or linking to threatening, abusive, harassing, defamatory statements.
  4. The hosting of, reference to or linking to promotion of illegal activities (e.g. information on hacking, cracking, making illegal devices, etc).
  5. The hosting of, reference to or linking to information, instructions, or software containing or about any kind of virus.
  6. The hosting of, reference to or linking to hate speech or hate propaganda.
  7. The hosting of scripts or systems that causes server performance to decrease or cause a serious problem with the smooth running of the server. Be warned that this can include many of the popular forum / community systems once under medium to heavy load due to the intensive way in which they operate. Should your account be found to be causing server performance problems you will be emailed with the instruction to upgrade without delay to a more suitable package (which is designed for & supports high usage scripting) or make alternative arrangements with another company for the hosting of your website. We will typically give you 48 business hours to upgrade or 7 days to make alternative hosting arrangements. The company will be the sole judge of how many resources any script is using and how the script or system is affecting other users.
  8. The hosting of, reference to or linking to misrepresentation(s) of member's identity, or the impersonation of anyone.
  9. Collection of personal information for illegal purposes. E.g. Phishing.
  10. The hosting of, reference to or linking to content that is deemed by the company, in its sole discretion, to be harmful to the company, another company or organisation, or individual.
  11. The hosting of, reference to or linking to any products or services (or information relating to them), that is deemed by the company, in its sole discretion, to be harmful, illegal, dangerous, pornographic, or indecent.
  12. Multiple website hosting within one hosting package. Each website you wish to run must have its own web hosting package and you must not host more than one website within your web space.

Money Back Guarantee

The company offers a 30-day money back guarantee. If you are not satisfied with our hosting service, you are entitled to receive a full refund for your hosting within 30 days after you purchased the account. All domain registrations are final and do not include any money back guarantee.

Backups & Service Level

The company will endeavour to retain regular system backups, however the company will not be held responsible for loss, consequential, incidental and special damages, including but not limited to loss of use, business interruptions and loss of profits, or incidental consequently punitive or exemplary damages,  resulting from any loss of data or service. It is the sole responsibility of the Client to ensure adequate backups and storage provisions are kept.

The company makes no warranties of any kind, expressed or implied for services we provide. The Company disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by the company and its employees.

Indemnification

The Client shall indemnify and hold harmless the company from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs and expenses including reasonable attorneys fees arising from or relating to the Clients provision, or an end users use of the Clients content. Or any act error or omission of Client in connection therewith, including but not limited to matters relating to incorrect, incomplete, or misleading information; libel, invasion of privacy; infringement of copyright trade name, trademark service mark or other intellectual property of other right or violation of applicable law.

Limitation of liability

The company accepts no responsibility with respect to the Clients or the end-users use of the provided service and shall not be liable for consequential, incidental and special damages, including but not limited to; loss of use, business interruptions and loss of profits, or incidental consequently punitive or exemplary damages, even if the company is aware of the possibility thereof. The company shall in no event be liable for more than the total fees actually received from the Client for the services / code provided.

Assignment

The Client may not assign this agreement without the prior written consent of the company which the company may refuse, at the company’s sole discretion. The company may assign this agreement by providing written confirmation of the assignment to the Client.

E-commerce

Authorisation of all financial transactions including the use of credit cards on the Client’s websites rests solely with the Client or their employees. The company does not accept responsibility for any fraudulent transactions that may take place using the Client’s deliverables or service.

Search Engine Optimisation

The company does not undertake search engine optimisation as part of the hosting agreement. The company does not guarantee specific search engine placement results. The company will not be held responsible for any change in search engine positioning experienced by the Client when using the company’s service.

Data Protection

The Client agrees that they are ultimately responsible for ensuring data protection. The company will not accept responsibility for loss or theft of data, unless a separate data protection agreement between the company and the Client has been made in writing and which overrides this contract. The company will not be held responsible for any loss or damages that occur from the improper implementation of data protection requirements. The Client undertakes that it will not collect data from or via their Website(s) without obtaining the appropriate registration and otherwise complying with its obligations under the Data Protection Act or equivalent legislation.

Data

If the Client has a content managed website, the company will not be expected to be responsible for loading data into the system. The company will also not be held responsible for the ongoing maintenance of the data on the site.

Confidentiality

The company acknowledges and agrees that all documents and information relating to the Client will be kept in accordance with the data protection act of 1998. Personal information will be kept secure, up to date and processed lawfully and fairly.

The Client agrees to keep all details regarding accessing the company’s server(s) confidential, including, but not limited to; ftp details, Plesk control panel details, SSH logins, email logins, private area logins and any other login information provided to the Client by the company.

Privacy

The company reserves the right to view the contents of, copy, move, delete or execute any file uploaded onto its systems by any party without exception.

Disclaimers

The Client will indemnify the company should any third party claim arise due to text images or graphics supplied included in the Clients website, breaking international copyright law. The company also reserves the right to refuse to post any information we consider obscene, morally unsuitable, libellous, defamatory or illegal.

Force majeure

No party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature(including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or [telephone service], and no other Party will have a right to terminate this agreement in such circumstances.

E-Commerce laws

The Client agrees that they are solely responsible for complying with any laws, taxes and tariffs applicable to their website.

Compatibility

The company makes no representations, warranties or assurances that the Clients equipment will be compatible with the company’s services.

1. Browser Compatibility

The company uses standard web hosting software to provide its services. Including the Linux Operating System, Apache web server, MySQL database system and PHP processing engine. It is the sole responsibility of the Client to judge if our services are suitable for their needs. The company will only guarantee that its services use current (from the date these terms and conditions were last amended) Internet protocols.

2. Standards Compliance

The company does not undertake web development activities under the remit of this agreement. Therefore it is the sole responsibility of the Client to ensure their website meets current web standards.

3. Screen resolutions

The company does not provide web development services under the remit of this agreement; therefore it is the sole responsibility of the Client to ensure their website is viewable by their target audience.

4. Non-Standard Server Configurations (or software installation)

From time to time, the company is asked to install new software onto the server to support a non standard server configuration. The company reserves the right to refuse to honour such requests where the company feels that this may cause a disruption to our service or system instability or malfunction. It is the sole right of the company to decide if the request will cause disruption, instability or malfunction.

Payment

The company bills for all packages monthly or annually at the agreed rate. The Client understands that failure to maintain payments for web hosting services will result in suspension of the web hosting services provided by the company.

In the event of non-payment the company will notify the Client of the outstanding amount via email. The company will attempt to notify the Client in this manner three times. If after the third attempt to contact the Client, the company has been unsuccessful in contacting the Client, and payment has remained overdue. The company will terminate the web hosting services provided.

The company reserves the right to suspend web hosting services at any time after the third and final notice is sent. The company is not responsible for the Clients receipt of the reminder emails unless the Client does not receive the payment reminder emails due to loss of service that can be directly attributed to the company.

In the event that the Client does not receive the reminder emails because the companies service is unavailable, the company will refund the Client for downtime resulting from cessation of web hosting services.

Termination may result in total loss of data, the Client agrees they have read, understood and acknowledge this.

The company reserves the right to increase the price of web hosting packages annually to reflect UK inflation.

The company wishes to inform the Client that in most circumstances the company will simply cease allowing the Client web hosting services before completely deleting the account from the server, but that this is not guaranteed and the Client must be aware of the possibility that all files will be deleted upon suspension of an account.

Alterations to Terms and Conditions

The Internet is constantly changing and developing. As a result of this, the company reserves the right to make reasonable changes to the terms of this contract at any time during the term of the contract. If you do not agree with any change to the conditions, you may notify us that you want to end the contract in at least 30 days time. In this case, we will give you a proportionate refund of the paid fees for the remaining period.

These conditions are the entire contract between you and us for your web hosting, and replace all previous contracts, understandings and representations about this contract, whether spoken or written.

If either party refers to their business terms or conditions, the business terms or condition applicable shall be those last sent which have remained uncontested.