Terms and Conditions
You indicate acceptance of these terms and conditions of service by placing an order with aaa Web Hosting.
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 "aaa Web Hosting" means aaa Web Hosting
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 aaa Web Hosting 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 aaa Web Hosting.
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 URL.
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 aaa Web Hosting with data that will be hosted on aaa Web Hosting's
servers and made accessible via the Internet.
2.2 aaa Web Hosting provides web hosting services and has agreed to host the Customer's data upon the
following terms and conditions.
3 DUTIES
3.1 aaa Web Hosting 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 aaa Web Hosting the website and the software used in the website which
is owned by the Customer, or licensed to him by a third party or aaa Web Hosting ("the Customer
Software), in a format specified by aaa Web Hosting.
4 CHARGES ,PAYMENT AND MONEY-BACK GUARANTEE
4.1 Payment methods are by PayPal only.
4.2 aaa Web Hosting 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 inclusive of VAT.
4.4 aaa Web Hosting 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 aaa Web Hosting do not provide credit facilities.
4.6 From time to time aaa Web Hosting 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 aaa Web Hosting provide "Money-Back Guarantees" on certain products. Should your product qualify for
this guarantee please raise a support ticket at URL 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 aaa Web Hosting 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. aaa Web Hosting 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 aaa Web Hosting 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 aaa Web Hosting 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 aaa Web Hosting ("aaa Web Hosting's
software") in order to use the Services, aaa Web Hosting 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 aaa Web Hosting 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 aaa Web Hosting Software.
6.2 In relation to aaa Web Hosting's obligations under this Agreement in connection with the provision of
the Services, the Customer grants to aaa Web Hosting 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
aaa Web Hosting 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 aaa Web Hosting Software.
6.4 aaa Web Hosting 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, aaa Web Hosting 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 aaa Web Hosting 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, aaa Web Hosting makes no warranties or representations that the Service will
be uninterrupted or error-free and aaa Web Hosting shall not, in any event, be liable for interruptions
of Service or downtime of the server.
7.2 aaa Web Hosting carries out data backups for use by aaa Web Hosting in the event of systems failure. aaa
Web Hosting do not provide data restoration facilities for individual customers. Even though every effort
is made to ensure data is backed up correctly aaa Web Hosting 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 aaa Web Hosting'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, aaa Web
Hosting 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 aaa Web Hosting
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
aaa Web Hosting and the password will be changed.
10 WARRANTIES
10.1 The Customer warrants and represents to aaa Web Hosting that aaa Web Hosting'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 aaa Web Hosting 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, aaa Web Hosting 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 aaa Web Hosting 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 aaa Web Hosting 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 aaa Web Hosting's liability for death or
personal injury resulting from aaa Web Hosting's negligence or that of its employees, agents or
sub-contractors.
12.2 The entire liability of aaa Web Hosting 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 aaa Web Hosting 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 aaa Web Hosting 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 aaa Web Hosting 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 aaa Web Hosting 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 aaa Web Hosting'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 aaa Web Hosting will provide a full refund for that domain name.
20.2 Please return to the main terms and conditions area of this website to view terms and conditions for individual
domain name registrars.
21 SCRIPTING
aaa Web Hosting are not responsible for customer programming issues other than ensuring that programming languages such
as Perl, PHP 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 DATA TRANSFER
23.1 Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your
account will be deactivated until you have upgraded to an account that has more data transfer included.
23.2 Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music,
video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other
websites, storing pages, files or data as a repository for other websites or personal computers, giving away
web space under a domain, sub domain or directory.
24 SERVER USAGE
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.
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
aaa Web Hosting 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.
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