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Terms and Conditions
Terms of Service
These terms of service should be read in conjunction with our
Acceptable Usage Policy
1. Domain Name Registration
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 naming authority; you shall ensure
that you are aware of those terms and conditions and that you comply with them.
You shall have no right to bring any claim against us in respect of refusal to
register a domain name. Any administration charge paid by you to us shall be
non-refundable notwithstanding refusal by the naming authority to register your
desired name.
1.3 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 naming authority but will not be obliged to take part in any such
dispute.
1.4 We shall not release any domain to another provider unless full payment for
that domain has been received by us.
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 shall effect and maintain adequate insurance cover in respect of any
loss or damage to data stored on the Server.
2.3 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.
2.3.1 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.
2.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory,
obscene, pornographic, blasphemous, profane 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.
2.3.3 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.
2.3.4 you will not employ programs which consume excessive system resources,
including but not limited to processor cycles and memory.
2.3.5 any file you store on the Server will be reachable via a hyperlink from a
page on your site.
2.4 We reserve the right to remove any material which we deem inappropriate from
your web site without notice. We do not host Warez, Adult or illegal MP3
content.
2.5 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.
2.6 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.
2.7 You shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and in a secure manner.
2.8 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.
2.9 Any access to other networks connected to 3A Web Hosting must comply with the rules
appropriate for those other networks.
2.10 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.
4.
Service Availability
3.1 We shall use our reasonable endeavours 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.
3.2 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.
3.3 The Services provided to you hereunder and your account with us cannot be
transferred or used by anyone other than you. 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;
user programs may be run only during log-in sessions. If your account is found
to have been transferred to another party, or shows other activity in breach of
this subclause, we shall have the right to cancel the account and terminate the
Services and/or this Agreement immediately.
4. Payment
4.1 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 our service provision. We reserve the
right to change pricing at any time although all pricing is guaranteed for the
period of pre payment.
4.2 Payment is due each anniversary month, quarter or
year following the date the Services were established until closure notice is
given. If you choose to pay by credit or debit card you authorise 3A Web Hosting to debit
your account renewal fees from your card.
4.3 All payments must be in UK Pounds Sterling.
4.4 If your cheque is returned by the bank as unpaid for any reason, you will be
liable for a "returned cheque" charge of £25.
4.5 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.
5. Termination
5.1 If you fail to pay any sums due to us as they fall due, we may suspend the
Services and/or terminate this Agreement forthwith without notice to you.
5.2 If you break any of these terms and conditions we may suspend the Services
and/or terminate this Agreement forthwith without notice to you.
5.3 If you 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, we shall be entitled to suspend the
Services and/or terminate this Agreement forthwith without notice to you.
5.4 No refunds will be made for Services suspended in accordance with 5.1, 5.2
and 5.3.
5.5 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 pro rata refund based
upon the remaining period of membership.
5.6 You may cancel the Services at any time.
5.7 During the first 30 days of Services, You are entitled to a complete refund
of all fees paid or due with the exclusion of domain name registration, dedicated
server and data transfer fees should You decide to cancel the Services. You will
not be entitled to a refund on this basis if you have previously had an account
with 3A Web Hosting.
5.8 Where payment has been made by credit or debit card, any refund will only be
issued to the same credit or debit card.
5.9 On termination of this Agreement or suspension of the Services we shall be
entitled immediately to block your Web Site and to remove all data located on
it.
6.
Indemnity
6.1 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.
7.
Limitation Of Liability
7.1 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 7.2.
7.2 Nothing in these terms and conditions shall exclude our liability for death
or personal injury resulting from our negligence.
7.3 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.
7.4 In any event no claim shall be brought unless you have notified us of the
claim within one year of it arising.
7.5 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.
8.
Notices
8.1 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.
9.
Law
9.1 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.
10. Headings
10.1 Headings are included in this Agreement for convenience only and shall not
affect the construction or interpretation of this Agreement.
11. Entire Agreement
11.1 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.
Payment Policies
All accounts are set up on a prepay basis. Although 3A Web Hosting reserves the right
to change prices of accounts or services at any time all pricing is guaranteed
for the period of prepayment. Payment is due each anniversary year or month
following the date the account was established. Customers will automatically be
charged again at the end of their prepay period unless written closure
notification has already been given within 28 days.
In the event of payment not being received, 3A Web Hosting reserves the right to suspend other
services until the outstanding debt is cleared. The customer is responsible for
all money owed on the account from the time it was established to the time that
the customer sends a written cancellation request.
No bills or invoices will be sent by regular mail unless specifically requested. All
invoices will be sent directly to customers via email shortly after the purchase
has been made.
All payment is in UK Pounds Sterling
CANCELLATION AND REFUNDS
3A Web Hosting reserves the right to cancel the service at any time. In this event
customers will be entitled to a pro rata refund based upon the remaining period
of membership. If a customer contravenes 3A Web Hostings terms of service a refund will not
be issued in the event of a cancellation.
DISCLAIMER
3A Web Hosting will not be responsible for any damages your business may suffer. 3A Web Hosting
makes no warranties of any kind, expressed or implied for services we provide.
3A Web Hosting disclaims any warranty or merchantability or fitness for a particular
purpose. The includes loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions caused by 3A Web Hosting and its
employees. 3A Web Hosting reserves the right to revise its policies at any time.
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