UQ Hosting Terms
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We do not accept adult orientated, racist, pornographic, warez, download sites or constant cron jobs sites.
Here are our full terms and conditions as supplied by our hosting company.
Last updated 13 Feb 2008
Heart Internet Ltd Terms and Conditions
You indicate acceptance of these terms and conditions of service by placing an
order with Heart Internet Ltd. These terms and conditions will not be varied for
individual customers.
1 DEFINITIONS
1.1 In this Agreement the following words and expressions shall have the
following meanings:
1.1.1 "downtime" means any service interruption in the availability to visitors
of the Website;
1.1.2 "intellectual property rights" means patents, trade marks, design rights,
applications for any of the foregoing, copyright, topography rights, database
rights, rights in know-how, trade or business names and other similar rights or
obligations, whether registrable or not in any country;
1.1.3 "Heart Internet" means Heart Internet Ltd
1.1.4 "IP address" stands for internet protocol address which is the numeric
address for the server;
1.1.5 "ISP" stands for internet service provider;
1.1.6 "server" means the computer server equipment operated by Heart Internet in
connection with the provision of the Services;
1.1.7 "the Services" means web hosting, domain name registration, email and any
other services or facilities provided by Heart Internet.
1.1.8 "spam" means sending unsolicited and/or bulk emails;
1.1.9 "virus" means a computer programme that copies itself or is copied to
other storage media, including without limitation magnetic tape cassettes,
memory chips, electronic cartridges, optical discs and magnetic discs, and
destroys, alters or corrupts data, causes damage to the user's files or creates
a nuisance or annoyance to the user and includes without limitation computer
programs commonly referred to as "worms" or "trojan horses";
1.1.10 "visitor" means a third party who has accessed the Website;
1.2 Product specifications and details may be found at www.heartinternet.co.uk.
1.3 Words denoting the singular shall include the plural and vice versa and
words denoting any gender shall include all genders.
1.4 The headings of the paragraphs of this Agreement are inserted for
convenience of reference only and are not intended to be part of or to affect
the meaning or interpretation of this Agreement.
2 INTRODUCTION
2.1 The Customer wishes to provide Heart Internet with data that will be hosted
on Heart Internet's servers and made accessible via the Internet.
2.2 Heart Internet provides web hosting services and has agreed to host the
Customer's data upon the following terms and conditions.
3 DUTIES
3.1 Heart Internet 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 Heart Internet the website and the software
used in the website which is owned by the Customer, or licensed to him by a
third party or Heart Internet ("the Customer Software), in a format specified by
Heart Internet.
4 CHARGES ,PAYMENT AND MONEY-BACK GUARANTEE
4.1 Payment methods include credit cards (including MasterCard and Visa), debit
cards (including Maestro (Switch), Solo, Visa Electron and Visa Delta) and
direct debits
4.2 Heart Internet do not accept cheques, bank transfers, postal orders, cash or
any other form of payment other than those outlined in 4.1
4.3 The Charges are exclusive of VAT, which if payable shall be paid by the
Customer.
4.4 Heart Internet shall be entitled to charge interest in respect of late
payment of any sum due under this Agreement, which shall accrue from the date
when payment becomes due from day to day until the date of payment at a rate of
8% per annum above the base rate of the Bank of England from time to time in
force.
4.5 Heart Internet do not provide credit facilities.
4.6 From time to time Heart Internet may make enquiries on the Customers
company, proprietor or directors of the Customers company with credit reference
agencies. These agencies may record that a search has been made and share this
information with other businesses.
4.7 Heart Internet provide "Money-Back Guarantees" on certain products. Should
your product qualify for this guarantee please raise a support ticket at http://customer.heartinternet.co.uk/manage/
within 30 days of placing your order for a full refund. This guarantee excludes
domain names which may not be cancelled once ordered. Customers are limited to
using the money-back guarantee once.
4.8 Pro-rata refunds will not be issued for yearly services that are cancelled
before then end of the year.
4.9 Should your chosen payment method fail Heart Internet will attempt to settle
your invoice using any other payment facilities available on your account.
4.10 All services will renew until cancelled by the customer. Heart Internet
emails the customers primary email address prior to renewal of services, it is
the customers responsibility to cancel services prior to renewal as no refund
can be made once renewal has occurred. Customers must notify us at least 72
hours before a service is renewed if they wish to cancel that service. The
cancellation process must be fully completed by you before your account is
cancelled.
5 IP ADDRESSES
5.1 Heart Internet shall maintain control and ownership of the IP address that
is assigned to the Customer as part of the Services and reserves the right in
its sole discretion to change or remove any and all IP addresses.
5.2 Where Heart Internet changes or removes any IP address it shall use its
reasonable endeavours to avoid any disruption to the Customer.
6 SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer requires use of software owned by or licensed to Heart
Internet ("Heart Internet's software") in order to use the Services, Heart
Internet 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 Heart Internet 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 Heart Internet Software.
6.2 In relation to Heart Internet's obligations under this Agreement in
connection with the provision of the Services, the Customer grants to Heart
Internet 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 Heart Internet
any right, title, interest or intellectual property rights in the Customer
Software or the Content.
6.3 The Customer undertakes that he will not himself or through any third party,
sell, lease, license or sublicense Heart Internet Software.
6.4 Heart Internet may make such copies of the Customer Content as may be
necessary to perform its obligations under this Agreement, including back up
copies of the Content. Upon termination or expiration of this Agreement, Heart
Internet shall destroy all such copies of the Content and other materials
provided by the Customer as and when requested by the Customer.
7 SERVICE LEVELS AND DATA BACKUP
7.1 Heart Internet shall use its reasonable endeavours to make the server and
the Services available to the Customer 100% of the time but because the Services
are provided by means of computer and telecommunications systems, Heart Internet
makes no warranties or representations that the Service will be uninterrupted or
error-free and Heart Internet shall not, in any event, be liable for
interruptions of Service or downtime of the server.
7.2 Heart Internet carries out data backups for use by Heart Internet in the
event of systems failure. Heart Internet do not provide data restoration
facilities for individual customers. Even though every effort is made to ensure
data is backed up correctly Heart Internet accepts no responsibility for data
loss or corruption.
8 ACCEPTABLE USE POLICY
8.1 The website and use of the Services may be used for lawful purposes only and
the Customer may not submit, publish or display any content that breaches any
law, statute or regulation. In particular the Customer agrees not to:
8.1.1 use the Services or the website in any way to send unsolicited commercial
email or "spam", or any similar abuse of the Services;
8.1.2 send email or any type of electronic message with the intention or result
of affecting the performance of any computer facilities;
8.1.3 publish, post, distribute or disseminate defamatory, obscene, indecent or
other unlawful material or information, or any material or information which
infringes any intellectual property rights (for the avoidance of doubt this
includes licensed software distributed as Warez), via the Services or on the
Website;
8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights
of privacy and publicity) of others;
8.1.5 engage in illegal or unlawful activities through the Services or via the
Website;
8.1.6 make available or upload files to the website or to the Services that the
Customer knows contain a virus, worm, trojan or corrupt data; or
8.1.7 obtain or attempt to obtain access, through whatever means, to areas of
Heart Internet's network or the Services which are identified as restricted or
confidential. This includes leaving your home directory whilst using SSH access
to servers.
8.1.8 operate or attempt to operate IRC bots or other permanent server
processes.
8.2 The Customer has full responsibility for the content of the Website. For the
avoidance of doubt, Heart Internet is not obliged to monitor, and will have no
liability for, the content of any communications transmitted by virtue of the
Services.
8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in
Clause 8.1 Heart Internet shall be entitled to withdraw the Services and
terminate the Customer's account without notice.
9 ALTERATIONS AND UPDATES
All alterations and updates to the website shall be made by the Customer using
the online account management facility, FTP access or SSH access where
available. The Customer will be issued with a user name and password in order to
access the account. The Customer must take all reasonable steps to maintain the
confidentiality of this user name and password. If the Customer reasonably
believes that this information has become known to any unauthorised person, the
Customer agrees to immediately inform Heart Internet and the password will be
changed.
10 WARRANTIES
10.1 The Customer warrants and represents to Heart Internet that Heart
Internet'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 Heart Internet as set out in Clause 6.2.
10.2 All conditions, terms, representations and warranties that are not
expressly stated in this Agreement, whether oral or in writing or whether
imposed by statute or operation of law or otherwise, including, without
limitation, the implied warranty of satisfactory quality and fitness for a
particular purpose are hereby excluded. In particular and without prejudice to
that generality, Heart Internet shall not be liable to the Customer as a result
of any viruses introduced or passed on to the Customer.
11 INDEMNITY
The Customer agrees to indemnify and hold Heart Internet 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
Heart Internet arising out of any breach by the Customer of the terms of this
Agreement or other liabilities arising out of or relating to the Website.
12 LIMITATION OF LIABILITY
12.1 Nothing in these terms and conditions shall exclude or limit Heart
Internet's liability for death or personal injury resulting from Heart
Internet's negligence or that of its employees, agents or sub-contractors.
12.2 The entire liability of Heart Internet to the Customer in respect of any
claim whatsoever or breach of this Agreement, whether or not arising out of
negligence, shall be limited to the charges paid for the Services under this
Agreement in respect of which the breach has arisen.
12.3 In no event shall Heart Internet 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 Heart Internet had been made aware of the
possibility of the Customer incurring such a loss.
13 TERM AND TERMINATION
13.1 This Agreement will become effective on the date the service is ordered and
shall continue until terminated by either party in writing of its intention to
terminate the Agreement.
13.2 Heart Internet shall have the right to terminate this Agreement with
immediate effect by notice in writing to the Customer if the Customer fails to
make any payment when it becomes due.
13.3 Either party may terminate this Agreement forthwith by notice in writing to
the other if:
13.3.1 the other party commits a material breach of this Agreement and, in the
case of a breach capable of being remedied, fails to remedy it within a
reasonable time of being given written notice from the other party to do so; or
13.3.2 the other party commits a material breach of this Agreement which cannot
be remedied under any circumstances; or
13.3.3 the other party passes a resolution for winding up (other than for the
purpose of solvent amalgamation or reconstruction), or a court of competent
jurisdiction makes an order to that effect; or
13.3.4 the other party ceases to carry on its business or substantially the
whole of its business; or
13.3.5 the other party is declared insolvent, or convenes a meeting of or makes
or proposes to make any arrangement or composition with its creditors; or a
liquidator, receiver, administrative receiver, manager, trustee or similar
officer is appointed over any of its assets.
13.4 Any rights to terminate this Agreement shall be without prejudice to any
other accrued rights and liabilities of the parties arising in any way out of
this Agreement as at the date of termination.
13.5 On termination all data held in the customers account will be deleted.
14 ASSIGNMENT
14.1 Heart Internet may assign or otherwise transfer this Agreement at any time.
14.2 The Customer may not assign or otherwise transfer this Agreement or any
part of it without Heart Internet's prior written consent.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its
obligations if the delay or failure results from events or circumstances outside
its reasonable control, including but not limited to acts of God, strikes, lock
outs, accidents, war, fire, the act or omission of government, highway
authorities or any telecommunications carrier, operator or administration or
other competent authority, the act or omission of any Internet Service Provider,
or the delay or failure in manufacture, production, or supply by third parties
of equipment or services, and the party shall be entitled to a reasonable
extension of its obligations after notifying the other party of the nature and
extent of such events.
16 SEVERANCE
If any provision of this Agreement is held invalid, illegal or unenforceable for
any reason by any Court of competent jurisdiction such provision shall be
severed and the remainder of the provisions hereof shall continue in full force
and effect as if this Agreement had been agreed with the invalid illegal or
unenforceable provision eliminated.
17 NOTICES
Any notice to be given by either party to the other may be sent by either email,
fax or recorded delivery to the address of the other party as appearing in this
Agreement or such other address as such party may from time to time have
communicated to the other in writing, and if sent by email shall unless the
contrary is proved be deemed to be received on the day it was sent or if sent by
fax shall be deemed to be served on receipt of an error free transmission
report, or if sent by recorded delivery shall be deemed to be served 2 days
following the date of posting.
18 ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the parties relating to the
subject matter and supersedes any previous agreements, arrangements,
undertakings or proposals, oral or written. This Agreement may be updated
without notice.
19 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of
England and the parties hereby submit to the exclusive jurisdiction of the
English courts.
20 DOMAIN NAME REGISTRATION
20.1 Domain names are not deemed to be successfully registered until they appear
in the relevant whois database of the top level domain name registrar. In the
event that a domain name is unavailable when we attempt to register it Heart
Internet will provide a full refund for that domain name, this will be the full
limit of our liability.
20.2 Please return to the main terms and conditions area of this website to view
terms and conditions for individual domain name registrars.
20.3 Heart Internet will make reasonable endeavors to renew domains where the
renewal fee has been paid. In the event that we are unable to renew a domain
name and that domain name is subsequently lost, the limit of our liability shall
be the renewal fee for that domain name.
21 SCRIPTING
[updated 13/02/08] Heart Internet are not responsible for customer programming
issues other than ensuring that programming languages such as Perl, PHP, Python,
Miva and ASP are installed and functioning on the web hosting system.
22 PRIVACY
To protect your privacy we will not distribute your details to third parties,
unless required to do so by law.
23 BANDWIDTH
23.1 [updated 13/02/08] Web hosting accounts include a certain amount of
bandwidth, if you exceed this amount in any one month your account will be
deactivated until you have upgraded to an account that has more bandwidth
included or until the start of the following month. Your bandwidth usage is
shown in the eXtend Control Panel.
23.2 Web hosting accounts that host file distribution (including but not limited
to music, video and software) are limited to a maximum bandwidth of 25 GB per
month for file distribution.
23.3 [updated 13/02/08] Web hosting accounts are prohibited from hosting
hardcore pornographic material, hosting graphics or scripts for other websites,
storing pages, files or data as a repository for other websites or as a backup,
giving away web space under a domain (including Resellers giving away free
websites), sub domain or directory.
24 SERVER USAGE
24.1 Should your account use more than 5% of the servers processing power and as
a result have a detrimental effect on other customers we will discuss with you
alternative solutions for your hosting requirements.
24.2 [updated 11/10/07] Heart Internet does not allow proxy sites of any nature
to be hosted on its network.
25 AFFILIATE PROGRAMME
Commission earned via the affiliate programme will only be paid by using a valid
direct debit/credit mandate on your account. It is the customers responsibility
to ensure they have this facility. In the event of the customer not being able
to obtain this facility then no commission will be paid.
26 EMAIL NEWSLETTER
Heart Internet communicates with it's customers via email and as such you agree
to receive by email our regular newsletter which contains amongst other things
changes to our terms and conditions, notification of major outages, updates to
our products & features and special offers.
27 WEBSPACE USAGE
Unlimited 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 house keeping when
maintaining their account.
28 MAIL BOXES
Mail boxes not accessed for 100 days or more will be deleted from the system.
29 DEACTIVATED ACCOUNTS
When a web hosting account is deactivated, you agree that after 50 days this
account may be deleted from the system without notice.
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