The following terms of business apply to any or all of the domain name registration, dedicated server hosting, email and Colocation services (together "Services" and individually "Service") to be provided by us to you from time to time. "Server" means the computer server equipment made available 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. "Dedicated Server" means the web server operated that is provided for your sole use. "Streaming server" means the computer used in the provision of online delivery of video and/or audio. "Colocation is the service whereby we provide the location and connectivity for your server.
Domain name registration
- We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.
- The registration of the domain name and its ongoing use is subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.
- We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.
- Interactive Web Solutions Ltd may purchase domain names on behalf of the Customer however for domains that are pointed to Interactive Web Solutions Ltd servers, payment and renewal of those domain names is the responsibility of the Customer. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Interactive Web Solutions Ltd. The customer in these circumstances should keep a record of the due dates for payment with their domain supplier to ensure that payment is received in good time.
FTP, Web site hosting, Email, Dedicated servers, Colocation, Streaming server
We specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server.
- You warrant to us that you will only use your assigned Web Server for lawful purposes. In particular, you further warrant and undertake to us that:
- you will not, nor will you authorise or permit any other party to, use the Server in violation of any law or regulation;
- you will not knowingly or recklessly post, link to or transmit: any material that is unlawful, threatening, abusive, harmful, malicious, libellous, defamatory, obscene, pornographic, profane or otherwise objectionable in any way; or
- any material containing a virus or other hostile computer program;
- you will not post, link to or transmit any material that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person, firm or company under the laws of any jurisdiction; and
- you will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the Server to our detriment or that of our other customers.
- You are responsible for sending mail in accordance with any relevant legislation (including data protection legislation) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or misrouting or any other failure of email.
- You warrant, undertake and agree that:
- all transactions within an Online Store will be contracts for the sale of goods between you as the merchant and your end-user customer and you agree that we may include an exclusion of our liability in respect of such purchases and transactions in such form as we deem appropriate;
- the information contained within an Online Store complies with all applicable law, including, without limitation, any distance selling regulations and data protection regulations from time to time in force;
- you will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information.
Whilst we shall use reasonable endeavours to ensure the integrity and security of the network, we do not guarantee that the Server will be free from unauthorised users or hackers.
FTP acceptable use policy
Our FTP accounts are not intended to be a public download service. Advertising of usernames and passwords to FTP accounts by any means is a breach of our acceptable use policy.
We reserve the right to traffic shape any FTP account to maintain a quality of service to all users. This means traffic upstream or downstream may be rate limited ensure a fair allocation of bandwidth across all accounts.
We reserve the right to terminate any account that breaches our acceptable use policy.
General terms & conditions
Service availabilty
We shall use reasonable endeavours to provide continuing availability of the Server and the Services but we shall not, in any event, be liable for Service interruptions or down time of the Server.
Network uptime
Interactive Web Solutions guarantees that the network will be available at least 99.7% of the time in a calendar month, excluding scheduled maintenance, although we are normally available 100% of the time. Interactive Web Solutions will credit the customer 1 days fee (up to 100% of customer's monthly fee) if downtime exceeds 0.3% of that month. Interactive Web Solutions will credit the customer an additional 1 days fee for each additional 60 minutes of downtime (up to 100% of customer's monthly fee). Network downtime is measured from the time a trouble ticket is opened by a customer to the time that the server can receive and transmit data.
Intellectual property rights & other consents
You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations in respect of the Services, including without limitation, clearance and/or consents in respect of your proposed domain name and merchant services agreements between you and the relevant banks in respect of your operation of an Online Store
Indemnity
You agree to indemnify and keep indemnified and hold us on demand harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms of business. The client will be notified of such claims with one year of such claims arising.
Termination & duration of contracts
- We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due.
- We may terminate this agreement upon written notice if you breach any of these terms and conditions and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.
- On termination of this agreement we shall be entitled immediately to block all services and hold hosted equipment until all outstanding invoices are settled. On settlement of outstanding monies the client will be able to collect equipment at their expense.
- Minimum duration of all contracts is 12 months, all renewals, including auto-renewals and upgrades, are for a minimum term of 12 months from renewal date and/or upgrade date.
- The client may terminate this agreement upon written notice if Interactive Web Solutions breach any of these terms and conditions and Interactive Web Solutions fail to correct the breach within seven (7) days following written notice from the client specifying the breach, or if Interactive Web Solutions go into insolvent liquidation.
Payment
All charges payable by you to us for the Services shall be in accordance with the relevant scale of charges and rates detailed in the contract are exclusive of Value Added Tax which shall be paid by you at the rate and in the manner for the time being prescribed by law and shall be due and payable within the time specified but not more than 14 days of receipt of our invoice thereof.
The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. 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 reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you. On settlement of outstanding sums normal services will be reinstated.
Limitation of liability
We hereby exclude all conditions, terms, representations (other than fraudulent 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. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
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 and provided that you notify us of any such claim within one year of it arising. 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.
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 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.
Law
These terms and conditions shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English Courts.
Entire agreement
These terms and conditions together with any document 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. You confirm that, in agreeing to these terms and conditions, you have not relied on any representation save insofar as the same has expressly in these terms and conditions been made a representation and you agree that you shall have no remedy in respect of any misrepresentation (other than a fraudulent misrepresentation) which has not become a term of this agreement