
Our terms and condidtions which all customers have
to agree to are as follows:
These terms and conditions relate only to our Shared
UNIX, Windows, Email Only, Windows Plus and Reseller hosting products.
They do not related to any other product or service.
Where the context admits: "We" includes ICUK Computing
Services Limited of: 240a Pampisford Road, South Croydon, Surrey CR2
6DB United Kingdom or any party acting on ICUK'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.
In consideration of the mutual covenants herein,
the parties agree to the following, which shall apply during the term
of this Agreement:
1. Domain Name Registrations and Transfers
1.1 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.
1.2 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.
1.3 You shall have no right to bring any claim against us in respect of refusal
to register a domain name.
1.4 Any administration charge paid by you to us shall be nonrefundable notwithstanding
refusal by the Registry to register your desired name.
1.5 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.
1.6 We shall not release any domain to another provider unless full payment
for that domain has been received by us.
1.7 By registering a .uk domain name, you enter into a contract of registration
with Nominet UK on the following terms and conditions (CLICK
HERE ). This is a separate contract to any arrangement you may have with
ICUK for the provision of internet services. Please read before proceeding
with your order.
1.8 Domains transferred or purchased through ICUK that are part of an order
or hosting plan do not have an outgoing transfer fee, providing any outstanding
fees are paid as mentioned in 1.6
1.9 Please read our supplementary terms and conditions for any of the following
domain endings: .com / .net / .org / .biz / .name / .tv - CLICK
HERE
2.0 For full details on the ICANN domain dispute policy please read the following
document - CLICK
HERE
2. Web Site Hosting And Email
2.1. 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.
2.2 You represent, undertake and warrant to us that you will use the Web Site
allocated to you only for lawful purposes. In particular, you represent, warrant
and undertake to us that.
2.2.1 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.
2.2.2 you will not upload, post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory,
obscene, pornographic, blasphemous, profane, racist or otherwise objectionable
in any way.
(b) any material containing a virus or other hostile computer program.
(c) 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.
(d) any material which is forbidden by our acceptable use policy published
in our acceptable use policy (see link in menu above).
2.2.3 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.
2.2.4 you will not employ programs which consume excessive system resources,
including but not limited to processor cycles and memory.
2.2.5 any file that that is uploaded to your web disk space is for the operation
and management of your web site and web application.
2.3 We reserve the right to remove any material which we deem inappropriate
from your Web Site without notice to you.
2.4 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 loss, theft or unauthorised disclosure of your password or other
security information.
2.5 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.
2.6 You shall procure that all mail is sent in accordance with applicable legislation
(including data protection legislation) and in a secure manner.
2.7 In the case of an individual User, you warrant that you are at least 18
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 18 years.
2.8 Any access to other networks connected to ICUK must comply with the rules
appropriate for those other networks.
2.9 While we will use every reasonable endeavor 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.
2.10 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.
2.11 Bandwidth / Data transfer consumption and charges
2.12 If you exceed the bandwidth limit on your hosting plan, then you will
be billed automatically at a price of £15.00 for regular hosting and £10.00
for reseller hosting per additional gigabyte you consume per month. You may
upgrade your account to the next available hosting plan that will have additional
data transfer allowance, except for the 'Enterprise' range of hosting plans.
2.13 Incoming emails are restricted to 15MB in size on reseller and shared hosting
per email to prevent abuse of the mail system.
There is no restriction on the size of the mailbox, but we reserve the right
to close down mailboxes that consume excessive system resources.
2.14 Regular Email only accounts, excluding those set up through the reseller
control panel system, are all restricted to 100MB bandwidth allowance. Additional
bandwidth will be charged at the same rate as other hosting plans: £15
per gigabyte per month.
2.15 We reserve the right to remove scripts that consume excessive system resources.
2.16 We reserve the right to alter the price of disk space, hosting plans,
Data transfer and any of our products at any time without notice to you.
3. Resellers
3.1 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.
3.2 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.
3.3 No default by your customers shall in any way affect, modify or limit your
obligations under this Agreement.
3.4 We authorise you to sell our services under your own brand for the direct
use of your clients only.
4. Service Availability
4.1 We shall use our reasonable endeavors to make available to you at all times
the Server and the Services but we shall not, in any event, be liable for
interruptions of Service or down-time of the Server.
4.2 We shall have the right to suspend the Services at any time and for any
reason, generally without notice, but if such suspension lasts or is to last
for more than 7 days you will be notified of the reason.
5. Payment
5.1 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 and shall be due and payable in advance of provision of the Services.
5.2 We reserve the right to change pricing at any time although all pricing
is guaranteed for the period of pre payment.
5.2 Payment is due each anniversary month, quarter or year following the date
the Services were established until closure notice is given in accordance with
6.4. If you choose to pay by credit or debit card you authorise ICUK Computing
Services to debit your account renewal fees and excessive charges from your
card.
5.3 All payments must be in UK Pounds Sterling.
5.4 If your cheque is returned by the bank as unpaid for any reason, you will
be liable for a "returned cheque" charge of £25.
5.5 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
forthwith to suspend the provision of Services to you.
6. Termination And Refunds
6.1 We shall be entitled to suspend the Services and/or terminate this Agreement
forthwith without notice to you If you:
6.1.1 fail to pay any sums due to us as they fall due.
6.1.2 break any of these terms and conditions.
6.1.3 are a company and you go into insolvent liquidation or suffer the appointment
of an administrator or administrative receiver or enter into a voluntary arrangement
with your creditors.
6.2 No refunds will be made under any circumstances for Services suspended
in accordance with 6.1.
6.3 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.
6.4 You may cancel the Services at any time. To do so you must request cancellation
of the Services in writing including your account username and password. We
will cancel the Services within 2 working days of receipt of your request.
6.5 During the first 7 days 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 7 days of service
should You decide to cancel the Services.
6.5.1 Domain name registration fees, charges for additional data transfer and
charges for optional extras added to your account are not refundable on this
basis.
6.5.2 You will not be entitled to a refund on this basis if you have previously
held an account with ICUK.
6.6 Where payment has been made by credit or debit card, any refund will only
be issued to the same credit or debit card.
6.7 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.
7. Indemnity
7.1 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 this Agreement.
8. Limitation Of Liability
8.1 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, subject always
to subclause 8.2.
8.2 Nothing in these terms and conditions shall exclude our liability for death
or personal injury resulting from our negligence.
8.3 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.
8.4 In any event no claim shall be brought unless you have notified us of the
claim within one year of it arising.
8.5 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.
9. Notices
9.1 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.
10. Law
10.1 This Agreement shall be governed by and construed in accordance with English
law and you hereby submit to the non-exclusive jurisdiction of the English
courts.
11. Headings
11.1 Headings are included in this Agreement for convenience only and shall
not affect the construction or interpretation of this Agreement.
12. Entire Agreement
12.1 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 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. We reserve the right to alter these Terms & Conditions
and our Acceptable User Policy without consent or agreement from our customers. |