Terms of Service
Where the context admits: "We"& "Us" includes Aquinox Hosting Solutions or any party acting onAquinox’s implicit instructions. "You" includes the person purchasingthe Services or any party acting on the customer's instructions. "TheRegistrant" includes the person applying for a domain name or any partyacting on the Registrant's instructions. "The Registry" the relevantdomain names Registry. "Server" means the computer server equipmentoperated by us in connection with the provision of the Services. "WebSite" means the area on the Server allocated by us to you for use by you as a site on the Internet.
The relationshipentered into between you and us is governed by these following terms, which shallapply 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 iscapable of being registered by or for you or that it will be registered in yourname. You should therefore not assume registration of your requested domainname(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 andconditions 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 domainname; any dispute between you and any other person must be resolved between theparties concerned in such dispute. If any such dispute arises, we shall beentitled, at our discretion and without giving any reason, to withhold, suspendor cancel the domain name. We shall also be entitled to make representations tothe 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 orquality 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 Siteallocated to you only for lawful purposes and to promptly inform us if thisclause or any subclause of this clause has been breached or you become awarethat 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 whichinfringes 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, acriminal 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 orotherwise 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 consumeexcessive 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 confidentialinformation relating to your account and shall notify us immediately of anyknown or suspected unauthorised use of your account or breach of security, includingbut not limited to loss, theft or unauthorised disclosure of your password or other security information.
3.5. You shall observe the
procedures which
we mayfrom 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 16years 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 andsecurity of the Server, we do not guarantee that the Server will be free fromunauthorised 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 anytime 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 bebound by these terms and conditions, you will be responsible for ensuring thatyour 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 inany 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 directuse 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 themonthly payment, we will check your claim against our independent uptimereports. Only if the report we receive confirms your claim will a refund be issued.
5.2 Serviceinteruption 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 withthe 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 datethe Services were established until closure notice is given in accordance with7.4. 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 orsuffer 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
willbe 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 yournext payment is due. To do so you must request cancellation of the Services inwriting 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 tocancel 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 andcharges 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 beentitled 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 holdus harmless from and against any breach by you of these terms of business andany claim brought against us by a third party resulting from the provision ofServices 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 warrantiesrelating to the Services supplied under this Agreement, whether imposed bystatute or operation of law or otherwise, that are not expressly stated inthese terms and conditions including, without limitation, the implied warrantyof satisfactory quality and fitness for a particular purpose are herebyexcluded 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 maybe sent by either email, fax or recorded delivery to the address of the otherparty as appearing in this Agreement or ancillary application forms or suchother address as such party may from time to time have communicated to theother in writing, and if sent by email shall unless the contrary is proved bedeemed to be received on the day it was sent or if sent by fax shall be deemedto be served on receipt of an error free transmission report, or if sent byrecorded 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 towhich you are subject shall not affect our right to require such performance atany subsequent time, nor shall the waiver or forbearance by us of any breach ofany 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 referredto in them, contain the entire Agreement between us relating to the subjectmatter covered and supersede any previous Agreements, arrangements,undertakings or proposals, written or oral: between us in relation to suchmatters. No oral explanation or oral information given by any party shall alterthe interpretation of these terms and conditions. In agreeing to these termsand conditions, you confirm that you have not relied on any representationother than those expressly stated in these terms and conditions and you agreethat you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.