Email / Web Hosting Terms and Conditions

WEB HOSTING TERMS OF SERVICE/WEB HOSTING AGREEMENT by and between Hosting4Me and the Web Hosting customer, who will be referred to in this document as “Customer”. The parties agree to the following, which shall apply during the term of this agreement:

1. DEFINITIONS:

A. “Plans” means proposals for offering various services to be provided by Hosting4Me as listed on our web site under “plans”. B. “Customer” means an end user who is utilising Web Hosting services provided by Hosting4Me.

2. PRICES

All prices for Plans provided by Hosting4Me to Customer are in UK Pounds. Customer shall pay Hosting4Me for its services in UK Pounds. Hosting4Me bills annually for all hosting plans unless other arrangements are made.

3. ORDER ACCEPTANCE, PAYMENT

A. All orders are subject to acceptance by Hosting4Me.  An order will be deemed accepted by Hosting4Me when written (e-mail) confirmation of the order is sent to Customer. Hosting4Me may refuse to accept or delay acceptance of any order for any reason. B. Payment and Terms: Payment shall be made in UK Pounds to Hosting4Me. Payments are due upon account activation and future renewal. If due to bank charges, transfer fees, or the like, Hosting4Me should receive less than its invoice amount, Hosting4Me will re-invoice Customer for the shortfall. Should payment in full of any invoice (aside from such shortfalls) not be received by Hosting4Me within thirty (30) days after activation or renewal, Hosting4Me may discontinue, withhold, or suspend services to Customer.

4. LIMITATION OF HOSTING4ME’S OBLIGATIONS AND LIABILITY

A. Hosting4Me will utilise its best efforts to maintain acceptable performance of services contracted for, but Hosting4Me makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Hosting4Me cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Hosting4Me will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. Hosting4Me shall not be liable to Customer for any claims or damages which may be suffered by Customer, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, viruses, non-deliveries, or service interruptions whether or not caused by the fault or negligence of Hosting4Me. B. Hosting4Me may discontinue servicing any Plan, or may require fulfilment of conditions Hosting4Me may choose to impose as a prerequisite for continuing to service any Plan. Hosting4Me agrees to provide Customer with reasonable notice via e-mail or fax of any such intent to discontinue or impose conditions unless it is determined that such notice would cause loss or harm to Hosting4Me. The following activities are specifically not allowed by Hosting4Me and will result in IMMEDIATE account termination: Running ADULT web sites, Running HATE web sites, participation in undirected bulk e-mail delivery (SPAMMING) either through the use of our mail servers or not, GAMBLING web sites, or any sites promoting or participating in ILLEGAL activities. C. Hosting4Me’s liability to Customer, and any end user of any Plan or other Hosting4Me services is limited to the amount paid to and received by Hosting4Me for services not accepted. In no event shall Hosting4Me be liable to Customer, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if Hosting4Me has been advised of the possibility of such damage. D. Customer will take all necessary measures to preclude Hosting4Me from being made a party to any lawsuit or claim regarding Hosting4Me services provided to any Customer or end user. Customer hereby agrees to indemnify and hold harmless Hosting4Me from any and all claims of whatever nature brought by any of Customer’s customers against Hosting4Me in excess of the remedy set forth in paragraph 4(C).

5. DUTIES OF HOSTING4ME

Hosting4Me will acquire an Internet Domain Name (from any valid Domain Registration Company) on behalf of the Customer, as specified. Any costs of Hosting4Me in obtaining or maintaining a domain name for Customer shall be immediately reimbursed to Hosting4Me upon invoice from Hosting4Me to Customer. Hosting4Me does not warranty that its registration services are successful, whether a domain is actually acquired or reserved on behalf of Customer. Under no circumstances will Hosting4Me be held reliable for losses or damages suffered by Customer resulting from delays in the registration process or failure to acquire such said intellectual property. Hosting4Me will assist customer as necessary with web and e-mail related problems and will take necessary action as needed to correct problem.

6. PROPERTY RIGHTS

Hosting4Me owns all rights, titles and interests in Hosting4Me’s trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of Plans and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This agreement does not constitute a license to Customer to use Hosting4Me’s trade names or service marks. The use by Customer of the other property rights mentioned here is authorised only for the purposes of marketing and selling Plans.

7. CONFIDENTIALITY

Customer acknowledges that by reason of its relationship with Hosting4Me hereunder, it may have access to certain information and materials relating to Hosting4Me’s business, plans, customers, software, and marketing strategies that is confidential and of substantial value to Hosting4Me, which value would be impaired if such information were disclosed to third parties. Customer agrees that it will not use in any way for its own account nor for the account of any third party, nor disclose to any third party, any such information revealed to it by Hosting4Me. Customer further agrees that it will take every reasonable precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by the Customer of any such confidential information in its possession, and all confidential materials shall be returned to Hosting4Me or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, Hosting4Me shall be entitled to injunctive relief, which relief shall not be contested by Customer.

8. RELATIONSHIP OF THE PARTIES

The relationship between Hosting4Me and Customer is that of vendor and buyer. They shall not be construed as being joint ventures, franchiser/franchisee, master/servant, owner/agent or employer/employee. This agreement is a commercial agreement between businesses, not a consumer agreement. Customer has no authority, apparent or otherwise, to contract for or on behalf of Hosting4Me, or in any other way legally bind Hosting4Me in any fashion, nor shall Customer be authorised to make any representations about Hosting4Me or its services other than to set forth Hosting4Me’s responsibilities as outlined in this agreement.

9. APPLICABLE LAW, JURISDICTIONAL MATTERS

This agreement takes effect when accepted by Hosting4Me in the United Kingdom. It is to be governed by and construed under the laws of the United Kingdom. The courts of the United Kingdom shall have exclusive jurisdiction to adjudicate any non-arbitral dispute arising out of this agreement. Customer hereby expressly consents to (1) the jurisdiction of the courts of the United Kingdom and (2) service of process being effective upon it by registered mail sent to the address set forth at the beginning of this document, as may be changed from time to time by written notice actually received by Hosting4Me. To the extent permissible by the law of Customer’s jurisdiction, Customer waives any requirement that service of process or of any documents be made upon it pursuant to the provisions of the Hague Convention.

10. ENTIRE AGREEMENT; MODIFICATIONS

This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. Hosting4Me may make changes to this agreement upon thirty (30) days’ written notice to Customer, advising of the change and the effective date thereof. Utilisation of Hosting4Me services by Customer and/or its Customers following the effective date of such change shall constitute acceptance by Customer of such change(s). Otherwise, this agreement may not be modified except by the written consent of both parties. To this end the parties agree as follows:

Principles Governing Acceptable use of the Internet by the Customer

Responsibility and Respect- the Internet is a network intended for use by mature, adult users. The Customer recognises this principle and undertakes at all times to act with respect, courtesy and responsibility, giving due regard to the interests and rights of other Internet users. This general guideline carries with it the following specific responsibilities: A. Knowledge of the Internet- the Customer agrees to obtain a basic knowledge of the Internet and its operating principles and procedures. B. Improper Uses- the Customer will avoid violation of certain generally accepted guidelines on Internet usage such as restrictions on mass mailings and mass advertisements, pirating or copying of software, mail bombing or other methods of attempting to deny service or access to other users, and attempts to violate security. C. Unsolicited Commercial Email- We strictly prohibit Unsolicited Commercial Email, also known as “spam”. This includes using our network to distribute unsolicited bulk email from your site on our servers or using any outside network to send bulk email advertising your site on the Vendor servers. Hosting4Me reserves the right to immediately terminate any customer account associated with unsolicited email and no refund will be issued for any unused service fees. D. Compliance with Laws- The Customer will ensure that their use of the Internet complies with all applicable laws and regulation, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortuous interference, and export of technical or military data to prohibited countries. E. Validation of Information- the Customer is responsible for validating the integrity of the information and data it receives or transmits over the Internet. F. Security-The Customer is required to protect the security of its Internet account and usage. The Customer(s) password will be treated as private and confidential and not disclosed to or shared with any third parties. It is exclusively the Customer’s obligation to maintain and control passwords to web site(s), control panel access, File Transfer Protocol (FTP) access and email accounts. Customer exclusively is responsible for all activities that occur in connection with Customer’s username; password as well as any and all scripts or programs added to the account by the Customer or authorised users. Customer agrees to immediately notify Hosting4Me of any unauthorised uses of the Service or any other breaches of security. It is exclusively Customer’s responsibility to update and secure any programs or scripts on all application and web files installed by the customer or authorised users. Customer’s failure to update and secure any programs or scripts may result in Hosting4Me suspending your account services until they are updated. Hosting4Me will not be liable for any loss or damages of any kind, under any legal theory, caused by Customer’s failure to comply with any of the foregoing security obligations or caused by any person to whom Customer grants access to Customer’s services, or due to any updates performed by Hosting4Me pursuant to the terms of this section. G. Discretion and Judgement- the Customer is expected to use discretion in the treatment and handling of Internet information and data and to take particular care to insure that adult information is not transmitted to juvenile users of the Internet. H. Pornography- Due to legal and social issues, we will not accept any customers who publish, store or otherwise process pornographic material. If an existing customer violates this principle, the Vendor reserves the right to immediately terminate the Customer’s account and no refund will be issued for any unused service fees. Material deemed to be pornographic is at the sole discretion of Hosting4Me, with due regard to the laws of the United Kingdom. I. Backup and Archiving – The customer agrees to make use of Hosting4Me’s servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose. Hosting4Me’s servers are not intended as a data backup or archiving service. Emails more than 30 days old in an email account is considered to be archive and may be periodically purged by Hosting4Me. J. Excessive Service Usage- Customers are restricted from using excessive amounts of CPU processing, network bandwidth or other shared resources provided by Hosting4Me. Judgements of excessive usage are determined solely by Hosting4Me and will be considered in comparison to other Hosting4Me’s customers using similar services. Hosting4Me will contact customers with resource intensive requirements and attempt to accommodate such needs. In the case that an agreement cannot be made to the satisfaction of both Hosting4Me and the customer, and that the customer continues to use excessive resources, Hosting4Me reserves the right to immediately terminate any customer account associated with excessive resource usage.

About Us

Hosting4Me was established in 1999 serving Essex and East London. Over the years, we have grown by hosting customers further afield, from the Home Counties to Europe and the United States. We provide fast web and email hosting to both business and home customers as well as on-site and remote computer support. No job is too small, no challenge is too great for our small but perfectly- formed and dedicated band of I.T. professionals!

Privacy and Policies

Terms of Service Privacy Policy Our Guarantee Our Nominet guarantee

Contact Us

info@hosting4me.uk 01245 850 261 Hosting 4 Me 21 Six Acre Pathfinder Village Exeter EX6 6BZ United Kingdom
© 2020 Hosting4Me. All rights reserved
Hosting Terms and Conditions Hosting Terms and Conditions Hosting4Me Hosting4Me

Email / Web Hosting Terms and Conditions

WEB HOSTING TERMS OF SERVICE/WEB HOSTING AGREEMENT by and between Hosting4Me and the Web Hosting customer, who will be referred to in this document as “Customer”. The parties agree to the following, which shall apply during the term of this agreement:

1. DEFINITIONS:

A. “Plans” means proposals for offering various services to be provided by Hosting4Me as listed on our web site under “plans”. B. “Customer” means an end user who is utilising Web Hosting services provided by Hosting4Me.

2. PRICES

All prices for Plans provided by Hosting4Me to Customer are in UK Pounds. Customer shall pay Hosting4Me for its services in UK Pounds. Hosting4Me bills annually for all hosting plans unless other arrangements are made.

3. ORDER ACCEPTANCE, PAYMENT

A. All orders are subject to acceptance by Hosting4Me.  An order will be deemed accepted by Hosting4Me when written (e-mail) confirmation of the order is sent to Customer. Hosting4Me may refuse to accept or delay acceptance of any order for any reason. B. Payment and Terms: Payment shall be made in UK Pounds to Hosting4Me. Payments are due upon account activation and future renewal. If due to bank charges, transfer fees, or the like, Hosting4Me should receive less than its invoice amount, Hosting4Me will re-invoice Customer for the shortfall. Should payment in full of any invoice (aside from such shortfalls) not be received by Hosting4Me within thirty (30) days after activation or renewal, Hosting4Me may discontinue, withhold, or suspend services to Customer.

4. LIMITATION OF HOSTING4ME’S

OBLIGATIONS AND LIABILITY

A. Hosting4Me will utilise its best efforts to maintain acceptable performance of services contracted for, but Hosting4Me makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Hosting4Me cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Hosting4Me will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. Hosting4Me shall not be liable to Customer for any claims or damages which may be suffered by Customer, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, viruses, non-deliveries, or service interruptions whether or not caused by the fault or negligence of Hosting4Me. B. Hosting4Me may discontinue servicing any Plan, or may require fulfilment of conditions Hosting4Me may choose to impose as a prerequisite for continuing to service any Plan. Hosting4Me agrees to provide Customer with reasonable notice via e-mail or fax of any such intent to discontinue or impose conditions unless it is determined that such notice would cause loss or harm to Hosting4Me. The following activities are specifically not allowed by Hosting4Me and will result in IMMEDIATE account termination: Running ADULT web sites, Running HATE web sites, participation in undirected bulk e-mail delivery (SPAMMING) either through the use of our mail servers or not, GAMBLING web sites, or any sites promoting or participating in ILLEGAL activities. C. Hosting4Me’s liability to Customer, and any end user of any Plan or other Hosting4Me services is limited to the amount paid to and received by Hosting4Me for services not accepted. In no event shall Hosting4Me be liable to Customer, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if Hosting4Me has been advised of the possibility of such damage. D. Customer will take all necessary measures to preclude Hosting4Me from being made a party to any lawsuit or claim regarding Hosting4Me services provided to any Customer or end user. Customer hereby agrees to indemnify and hold harmless Hosting4Me from any and all claims of whatever nature brought by any of Customer’s customers against Hosting4Me in excess of the remedy set forth in paragraph 4(C).

5. DUTIES OF HOSTING4ME

Hosting4Me will acquire an Internet Domain Name (from any valid Domain Registration Company) on behalf of the Customer, as specified. Any costs of Hosting4Me in obtaining or maintaining a domain name for Customer shall be immediately reimbursed to Hosting4Me upon invoice from Hosting4Me to Customer. Hosting4Me does not warranty that its registration services are successful, whether a domain is actually acquired or reserved on behalf of Customer. Under no circumstances will Hosting4Me be held reliable for losses or damages suffered by Customer resulting from delays in the registration process or failure to acquire such said intellectual property. Hosting4Me will assist customer as necessary with web and e-mail related problems and will take necessary action as needed to correct problem.

6. PROPERTY RIGHTS

Hosting4Me owns all rights, titles and interests in Hosting4Me’s trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of Plans and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This agreement does not constitute a license to Customer to use Hosting4Me’s trade names or service marks. The use by Customer of the other property rights mentioned here is authorised only for the purposes of marketing and selling Plans.

7. CONFIDENTIALITY

Customer acknowledges that by reason of its relationship with Hosting4Me hereunder, it may have access to certain information and materials relating to Hosting4Me’s business, plans, customers, software, and marketing strategies that is confidential and of substantial value to Hosting4Me, which value would be impaired if such information were disclosed to third parties. Customer agrees that it will not use in any way for its own account nor for the account of any third party, nor disclose to any third party, any such information revealed to it by Hosting4Me. Customer further agrees that it will take every reasonable precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by the Customer of any such confidential information in its possession, and all confidential materials shall be returned to Hosting4Me or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, Hosting4Me shall be entitled to injunctive relief, which relief shall not be contested by Customer.

8. RELATIONSHIP OF THE PARTIES

The relationship between Hosting4Me and Customer is that of vendor and buyer. They shall not be construed as being joint ventures, franchiser/franchisee, master/servant, owner/agent or employer/employee. This agreement is a commercial agreement between businesses, not a consumer agreement. Customer has no authority, apparent or otherwise, to contract for or on behalf of Hosting4Me, or in any other way legally bind Hosting4Me in any fashion, nor shall Customer be authorised to make any representations about Hosting4Me or its services other than to set forth Hosting4Me’s responsibilities as outlined in this agreement.

9. APPLICABLE LAW, JURISDICTIONAL

MATTERS

This agreement takes effect when accepted by Hosting4Me in the United Kingdom. It is to be governed by and construed under the laws of the United Kingdom. The courts of the United Kingdom shall have exclusive jurisdiction to adjudicate any non- arbitral dispute arising out of this agreement. Customer hereby expressly consents to (1) the jurisdiction of the courts of the United Kingdom and (2) service of process being effective upon it by registered mail sent to the address set forth at the beginning of this document, as may be changed from time to time by written notice actually received by Hosting4Me. To the extent permissible by the law of Customer’s jurisdiction, Customer waives any requirement that service of process or of any documents be made upon it pursuant to the provisions of the Hague Convention.

10. ENTIRE AGREEMENT; MODIFICATIONS

This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. Hosting4Me may make changes to this agreement upon thirty (30) days’ written notice to Customer, advising of the change and the effective date thereof. Utilisation of Hosting4Me services by Customer and/or its Customers following the effective date of such change shall constitute acceptance by Customer of such change(s). Otherwise, this agreement may not be modified except by the written consent of both parties. To this end the parties agree as follows:

Principles Governing Acceptable use of the Internet

by the Customer

Responsibility and Respect- the Internet is a network intended for use by mature, adult users. The Customer recognises this principle and undertakes at all times to act with respect, courtesy and responsibility, giving due regard to the interests and rights of other Internet users. This general guideline carries with it the following specific responsibilities: A. Knowledge of the Internet- the Customer agrees to obtain a basic knowledge of the Internet and its operating principles and procedures. B. Improper Uses- the Customer will avoid violation of certain generally accepted guidelines on Internet usage such as restrictions on mass mailings and mass advertisements, pirating or copying of software, mail bombing or other methods of attempting to deny service or access to other users, and attempts to violate security. C. Unsolicited Commercial Email- We strictly prohibit Unsolicited Commercial Email, also known as “spam”. This includes using our network to distribute unsolicited bulk email from your site on our servers or using any outside network to send bulk email advertising your site on the Vendor servers. Hosting4Me reserves the right to immediately terminate any customer account associated with unsolicited email and no refund will be issued for any unused service fees. D. Compliance with Laws- The Customer will ensure that their use of the Internet complies with all applicable laws and regulation, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortuous interference, and export of technical or military data to prohibited countries. E. Validation of Information- the Customer is responsible for validating the integrity of the information and data it receives or transmits over the Internet. F. Security-The Customer is required to protect the security of its Internet account and usage. The Customer(s) password will be treated as private and confidential and not disclosed to or shared with any third parties. It is exclusively the Customer’s obligation to maintain and control passwords to web site(s), control panel access, File Transfer Protocol (FTP) access and email accounts. Customer exclusively is responsible for all activities that occur in connection with Customer’s username; password as well as any and all scripts or programs added to the account by the Customer or authorised users. Customer agrees to immediately notify Hosting4Me of any unauthorised uses of the Service or any other breaches of security. It is exclusively Customer’s responsibility to update and secure any programs or scripts on all application and web files installed by the customer or authorised users. Customer’s failure to update and secure any programs or scripts may result in Hosting4Me suspending your account services until they are updated. Hosting4Me will not be liable for any loss or damages of any kind, under any legal theory, caused by Customer’s failure to comply with any of the foregoing security obligations or caused by any person to whom Customer grants access to Customer’s services, or due to any updates performed by Hosting4Me pursuant to the terms of this section. G. Discretion and Judgement- the Customer is expected to use discretion in the treatment and handling of Internet information and data and to take particular care to insure that adult information is not transmitted to juvenile users of the Internet. H. Pornography- Due to legal and social issues, we will not accept any customers who publish, store or otherwise process pornographic material. If an existing customer violates this principle, the Vendor reserves the right to immediately terminate the Customer’s account and no refund will be issued for any unused service fees. Material deemed to be pornographic is at the sole discretion of Hosting4Me, with due regard to the laws of the United Kingdom. I. Backup and Archiving – The customer agrees to make use of Hosting4Me’s servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose. Hosting4Me’s servers are not intended as a data backup or archiving service. Emails more than 30 days old in an email account is considered to be archive and may be periodically purged by Hosting4Me. J. Excessive Service Usage- Customers are restricted from using excessive amounts of CPU processing, network bandwidth or other shared resources provided by Hosting4Me. Judgements of excessive usage are determined solely by Hosting4Me and will be considered in comparison to other Hosting4Me’s customers using similar services. Hosting4Me will contact customers with resource intensive requirements and attempt to accommodate such needs. In the case that an agreement cannot be made to the satisfaction of both Hosting4Me and the customer, and that the customer continues to use excessive resources, Hosting4Me reserves the right to immediately terminate any customer account associated with excessive resource usage.

Privacy and Policies

Terms of Service Privacy Policy Our Guarantee Our Nominet guarantee

Contact Us

info@hosting4me.uk 01245 850 261 Hosting 4 Me, 21 Six Acre Pathfinder Village, Exeter EX6 6BZ United Kingdom
© 2020 Hosting4Me. All rights reserved
Hosting4Me Hosting4Me