Speed-Host...
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 Terms of sale

DEFINITIONS
Where the context admits: "We" or "Us" includes Christopher L Cox trading as Speed-Host or any party acting on Christopher L Cox/Speed-Host’ implicit instructions. "You" includes the person purchasing the services or any party acting on the customer's instructions. "Services" include any product or service sold (or provided at no cost) to You by us. "Server" means the computer server equipment operated by us in connection with the provision of the Services. "Account" means any one or more Services, assigned solely to You. This typically consists of (but is not limited to) Web Hosting Provision. "Website" means the area on the Server allocated by Us to You for use by You as a site on the Internet.


1. GENERAL
1.1 By ordering Services You are agreeing to these Terms & Conditions.
1.2 We reserve the right to update these Terms and Conditions at any time without notice.
1.3 Should You wish to cancel your Account, send an email to info@speed-host.co.uk
1.4 Refunds will be given within the first 14 days of service in accordance with section 6 (Money Back Guarantee).
1.5 We reserve the right to cancel Your Account at any time without notice.
1.6 We will not be held liable or responsible for any loss or damages to Your business or that of any third party.


2. WEBSITE HOSTING AND EMAIL
2.1 Hosting is provided by Us through third party servers and host providers. In the event of any problem, Speed-Host will use all reasonable endeavours to to provide alternative hosting facilities as soon as possible but can accept no liability for any loss accruing to the customer as a result of any downtime experienced or loss of service.
2.2. 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.
2.3. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
2.4 You represent, undertake and warrant to Us that You will use the website allocated to You only for lawful purposes. In particular, You represent, warrant and undertake to Us that:
2.4.1 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.
2.4.2 You will not use Services for anything which is contrary to any legislation or statutory instrument which may be in force from time to time.
2.4.3 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. At all times, the assessment as to whether the content is suitable or unsuitable, remains entirely at the discretion of Speed-Host.
2.4.4 You will not send bulk email whether opt-in or otherwise from our network. Nor will You promote a website hosted on our network using bulk email.
2.4.5 You will not employ programs which consume excessive system resources, including but not limited to processor cycles, data transfer and memory use.
2.4.6 any file You store on the Server will be reachable via a hyperlink from a page on your site. Only files directly related to your website must be stored on the Server. You will not 'archive' files, the definition of which is solely defined by Us.
2.5 We reserve the right to remove any material which We deem inappropriate from your website without notice. We do not host Warez, Adult or illegal MP3 content.
2.6 The Hosting of mp3 files, or any other self created media is subject to a 'signed release' being mailed to Us in advance of uploading such content to the Server. Said release should list the files concerned, and include a statement confirming you are the sole copyright holder of such works.
2.7 The Hosting of Digital Video (of any sort) is strictly prohibited. Customers wishing to host video should discuss alternative arrangements with Us prior to purchasing an Account.
2.8 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.
2.9 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.
2.10 You shall procure that all email is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
2.11 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.
2.12 Any access to other networks connected to Speed-Host must comply with the rules appropriate for those other networks.
2.13 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.
2.14 You must abide by our Acceptable Use Policy.
2.15 We shall not be held responsible in the event of any file loss resulting from the failure of any of the Servers or Services We operate.
2.16 Speed-Host make no guarantee that third-party software will run on the servers We operate.
2.17 You are not permitted to share or re-sell any resources allocated to you.
2.18 We reserve the right to access and monitor resources allocated to you and the content stored within, including but not limited to web space, databases, email accounts and 'Personal Messages.
2.19 We reserve the right to modify the services offered in our hosting plans at any time.


3. 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 other than under the terms specified by our "Uptime Guarantee" (Section 7).
3.2 We shall have the right to suspend Services at any time and for any reason, generally without notice.
3.3 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 shows other activity in breach of this subclause, We shall have the right to terminate any Services immediately.


4. PAYMENT
4.1 All charges payable by You for Services shall be in accordance with the scale of charges, rates and payment frequencies published from time to time by us on our website and shall be due and payable in advance of our Service provision.
4.2 All renewals will be made on our Terms & Conditions & Prices current at the time of the renewal. While We will attempt to contact You prior to renewal date, You are responsible for ensuring all payments by due date.
4.3 All payments must be in UK Pounds Sterling.
4.4 Without prejudice to our other rights and remedies under these Terms and Conditions, if any sum payable is not paid on or before the due date, We shall be entitled forthwith to suspend or cancel 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 or cancel any Services without notice to you.
5.2 If You breach any of these terms and conditions We may suspend or cancel any Services 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 or cancel any Services 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 Services at any time. In the event of this You will be entitled to a pro-rata refund based upon the remaining period of pre-payment.
5.6 You may cancel the Services at any time without refund.
5.7 We will be entitled to lock your website and to remove all data where termination or suspension has occurred, no matter how that termination or suspension has occurred.


6. MONEY BACK GUARANTEE
6.1 Full refunds of any monies paid will be refunded, if requested, within the first 14 days only.
6.2 The Guarantee will not apply if more than 60% of allocated bandwidth has been consumed.


7. UPTIME GUARANTEE
7.1 The Uptime Guarantee applies to unexpected and unannounced downtime only.
7.2 We guarantee your account uptime to be equal to or above 99%.
7.3 In the event of your uptime falling below 99% in any one month, we will refund you to the equivalent of 1 (one) day for every hour your site is unavailable.
7.4 Scheduled downtime shall not be considered 'unexpected' or 'unannounced' downtime and is therefore not included.


8. PRICE FREEZE
8.1 When services/products are clearly identified as being covered by our "Price Freeze" guarantee, the fee payable for a service is guaranteed not to change for a period of 1 (one) year from the date of setup.
8.2 We reserve the right to alter pricing, at any time, in the event of changes to the specification of services.
8.3 Advance notice of at least 14 (fourteen) days will be given in the event of any change being made to our services or pricing.


9. INDEMNIFICATION
You agree that You shall defend, indemnify, save and hold Speed-Host harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Speed-Host, its agents, officers, employees and assignees, that may arise or result from any service provided or performed or agreed to be performed or any product sold. You agree to defend, indemnify and hold harmless Speed-Host against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with servers operated by Speed-Host; (2) any material supplied by customers infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from servers operated by Speed-Host.


10. DISCLAIMER
We will not be responsible for any damages your business may suffer. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us or any third party acting on our behalf. We expressly disclaim all and provide no representations or warranties in respect of this website, its contents or the services provided by us. We do not represent or warrant that the information accessible on or via this website is accurate, complete or current.


11. HEADINGS
Headings are included in these Terms and Conditions for convenience only and shall not affect the construction or interpretation of this Agreement.


12. 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. Due to some of our services being located in the New Jersey then users must also comply with US law.


13. ENTIRE AGREEMENT
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.

These Terms & Conditions do not affect your statutory rights as a consumer.

30/12/2004