Terms of Service
Where the context admits: "We" & "Us" includes Aquinox Hosting Solutions or any party acting on Aquinox’s implicit instructions. "You" includes the person purchasing the Services or any party acting on the customer's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" the relevant domain names Registry. "Server" means the computer server equipment operated by us in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet.
The relationship
entered into between you and us is governed by these following terms, which shall
apply during, and where necessary after, the period of the commercial
relationship between you and us.
2. Domain Name Registration
2.1. We make no representation that the domain name you wish to register is
capable of being registered by or for you or that it will be registered in your
name. You should therefore not assume registration of your requested domain
name(s) until you have been notified that it has or they have been registered.
Any action taken by you before such notification is at your risk.
2.2. The registration and use of your domain name is subject to the terms and
conditions of use applied by the relevant Registry; you shall ensure that you
are aware of those terms and conditions and that you comply with them.
2.2.1. By registering a .uk domain name, you enter
into a contract of registration with Nominet
2.1.3. You shall have no right to bring any claim against us in respect of any
refusal to register a domain name by the relevant registration authority.
2.4. Any administration charge paid by you to us shall be non-refundable
notwithstanding refusal by the Registry to register your desired name.
2.5. We shall have no liability in respect of the use by you of any domain
name; any dispute between you and any other person must be resolved between the
parties concerned in such dispute. If any such dispute arises, we shall be
entitled, at our discretion and without giving any reason, to withhold, suspend
or cancel the domain name. We shall also be entitled to make representations to
the relevant Registry but will not be obliged to take part in any such dispute.
2.6. We shall not release any domain to another provider unless full payment
for that domain has been received by us.
3. Web Site Hosting And Email
3.1. We make no representation and give no warranty as to the accuracy or
quality of information received by any person via the Server and we shall have
no liability for any loss or damage to any data stored on the Server.
3.2. You represent, undertake and warrant to us that you will use the Web Site
allocated to you only for lawful purposes and to promptly inform us if this
clause or any subclause of this clause has been breached or you become aware
that they may have been breached. In particular, you represent, warrant and
undertake to us.
3.2.1. you will not use the Server in any manner which
infringes any law or regulation or which infringes the rights of any third
party, nor will you authorise or permit any other person to do so.
3.2.2. you will not upload, post, link to or transmit:
3.2.2.1. any material which is unlawful, threatening,
abusive, malicious, defamatory or otherwise objectionable in any way.
3.2.2.2. any material containing a virus or other hostile
computer program.
3.2.2.3. any material which constitutes, or encourages the commission of, a
criminal offence or which infringes any patent, trade mark, design right,
copyright or any other intellectual property right or similar rights of any
person which may subsist under the laws of any jurisdiction.
3.2.2.4. any material which is forbidden by our
acceptable use policy
3.2.3. you will not send bulk email whether opt-in or
otherwise from our network. Nor will you promote a site hosted on our network
using bulk email.
3.2.4. you will not employ programs which consume
excessive system resources, including but not limited to processor cycles and
memory.
3.3. We reserve the right to remove any material which
we deem inappropriate from your Web Site without notice to you.
3.4. You shall keep secure any identification, password and other confidential
information relating to your account and shall notify us immediately of any
known or suspected unauthorised use of your account or breach of security, including
but not limited to loss, theft or unauthorised disclosure of your password or
other security information.
3.5. You shall observe the procedures which we may
from time to time prescribe and shall make no use of the Server which is
detrimental to our other customers.
3.6. You shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and in a secure manner.
3.7. In the case of an individual User, you warrant that you are at least 16
years of age and if the User is a company, you warrant that the Services will
not be used by anyone under the age of 16 years.
3.8. Any access to other networks connected to UKhost4u must comply with the
rules appropriate for those other networks.
3.9. While we will use every reasonable endeavour to ensure the integrity and
security of the Server, we do not guarantee that the Server will be free from
unauthorised users or hackers and we shall be under no liability for
non-receipt or misrouting of email or for any other failure of email.
3.10. No more than one log-in session under any one account may be used at any
time by you. If you have multiple accounts, you are limited to one login
session per system account at any time.
4. Resellers
4.1. If you are or become a reseller of our Services you will continue to be
bound by these terms and conditions, you will be responsible for ensuring that
your customers are bound by terms and conditions that adequately reflect and
give effect to these.
4.2. You shall not incur or purport to incur on our behalf any liability nor in
any way pledge or purport to pledge our credit or to make any contract binding
on us.
4.3. No default by your customers shall in any way affect, modify or limit your
obligations under this Agreement.
4.4. We authorise you to sell our services under your own brand for the direct
use of your clients only. You may not permit your clients to resell the
services you provide.
5. Service Availability
5.1. Our service availability is monitored by an independent uptime reporter.
Should you claim against our 99.9% monthly uptime guarantee for a refund of the
monthly payment, we will check your claim against our independent uptime
reports. Only if the report we receive confirms your claim will a refund be issued.
5.2 Service
interuption is defined as a period where the HTTP server on which your website
is hosted is inaccessible. Downtime caused by you,
that affect only your website are not regarded as service interuptions.
6. Payment
6.1. All charges payable by you for the Services shall be in accordance with
the scale of charges and rates published from time to time by us on our web
site, errors and omissions excepted and shall be due
and payable in advance of provision of the Services.
6.2. We reserve the right to change pricing at any time although all pricing is
guaranteed for the period of pre payment.
6.3. Payment is due each anniversary month, quarter or year following the date
the Services were established until closure notice is given in accordance with
7.4. If you choose to pay by credit or debit card you authorise Aquinox to
debit your account renewal fees from your card.
6.4. All payments must be in UK Pounds Sterling via Paypal or Cheque.
6.5. If your cheque is returned by the bank as unpaid for any reason, you will
be liable for a "returned cheque" charge of £25.
6.6. Without prejudice to our other rights and remedies under this Agreement,
if any sum payable is not paid on or before the due date, we shall be entitled
but not obliged forthwith to suspend the provision of Services to you.
7. Termination And Refunds
7.1. We shall be entitled to suspend the Services and/or terminate this
Agreement forthwith without notice to you If you:
7.1.1. fail to pay any sums due to us as they fall due.
7.1.2. break any of these terms and conditions.
7.1.3. are a company and you go into liquidation or
suffer the appointment of an administrator or administrative receiver or enter
into a voluntary arrangement with your creditors.
7.2. No refunds will be made under any circumstances for Services suspended in
accordance with 7.1.
7.3. We reserve the right to suspend the Services and/or terminate this
Agreement at any time. In the event of this You will
be entitled to a pro rata refund based upon the remaining period of prepayment.
7.4. You may cancel the Services at any time giving 14 days notice before your
next payment is due. To do so you must request cancellation of the Services in
writing including your account username and password. We will cancel the
Services within 7 working days of receipt of your request.
7.5. During the first 24 hours of Services, You are entitled to a refund of the
basic hosting plan rental fee should You decide to
cancel the Services. No full refunds or pro rata refunds will be made after the
first 24 hours of service should You decide to cancel
the Services.
7.5.1. Domain name registration fees, charges for additional data transfer and
charges for optional extras added to your account are not refundable under any
circumstances.
7.5.2. You will not be entitled to a refund on this basis if you have
previously held an account with Aquinox.
7.6. Where payment has been made by credit or debit card, any refund will only
be issued to the same credit or debit card.
7.7. On termination of this Agreement or suspension of the Services we shall be
entitled immediately to stop access to your Web Site and to remove all data
located on the Server.
8. Indemnity
8.1. You shall indemnify us and keep us indemnified and hold
us harmless from and against any breach by you of these terms of business and
any claim brought against us by a third party resulting from the provision of
Services by us to You and your use of the Services and the Server including,
without limitation, all claims, actions, proceedings, losses, liabilities,
damages, costs, expenses (including reasonable legal costs and expenses),
howsoever suffered or incurred by us in consequences of your breach or
non-observance of any of the terms of this Agreement.
9. Limitation Of Liability
9.1. All conditions, terms, representations and warranties
relating to the Services supplied under this Agreement, whether imposed by
statute or operation of law or otherwise, that are not expressly stated in
these terms and conditions including, without limitation, the implied warranty
of satisfactory quality and fitness for a particular purpose are hereby
excluded to o the extent applicable under UK law, subject always to sub clause
9.2.
9.2. Nothing in these terms and conditions shall exclude our liability for
death or personal injury resulting from our negligence.
9.3. Our total aggregate liability to you for any claim in contract, tort,
negligence or otherwise arising out of or in connection with the provision of
the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
9.4. In any event no claim shall be brought unless you have notified us of the
claim within one month of it arising.
9.5. In no event shall we be liable to you for any loss of business, contracts,
profits or anticipated savings or for any other indirect or consequential or
economic loss whatsoever.
10. Notices
10.1. 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 ancillary application forms 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 two days following the date of
posting.
11. Non-Waiver
11.1 Any forbearance or failure by us to enforce a contractual provision to
which you are subject shall not affect our right to require such performance at
any subsequent time, nor shall the waiver or forbearance by us of any breach of
any provisions of the agreement herein be taken to be or held to be a waiver of
the provision or provisions itself of themselves.
12. Headings
13.1. Headings are included in this Agreement for convenience only and shall
not affect the construction or interpretation of this Agreement.
13. Entire Agreement
14.1. These terms and conditions together with any documents expressly referred
to in them, contain the entire Agreement between us relating to the subject
matter covered and supersede any previous Agreements, arrangements,
undertakings or proposals, written or oral: between us in relation to such
matters. No oral explanation or oral information given by any party shall alter
the interpretation of these terms and conditions. In agreeing to these terms
and conditions, you confirm that you have not relied on any representation
other than those expressly stated in these terms and conditions and you agree
that you shall have no remedy in respect of any misrepresentation which has not
been made expressly in this Agreement.