Hosting Terms and Conditions - Contents
 1.
Introduction
2.
Glossary of Terms
3.
Web Site Hosting And Email
4.
Service Availability
5.
Payment
6.
Termination
7.
Indemnity
8.
Limitation Of Liability
9.
Revisions
11.
Notices
12.
Applicable Law
13.
Headings
14.
Entire Agreement
15.
Comments and Questions
1.
Introduction
The Costoui Web Design Studio including
subsidiaries and affiliates offer website hosting and
database hosting services subject to the terms and conditions
set out in these terms and conditions, the privacy policy and any
other relevant terms and conditions, policies and notices which may
be applicable to supply of hosting services.
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2.
Glossary of Terms
We includes the Costoui Web Design
Studio ("Website" or "Costoui Web Design Studio" or "we" or "us" or "our")
or any party acting on the Costoui Web Design Studio's implicit
instructions.
You ("you", "your", "Customer")
includes the person purchasing the services or any party acting on
the customer's instructions.
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
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3.
Web Site Hosting And Email
3.1 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.
3.2 You shall effect and maintain adequate
insurance cover in respect of any loss or damage to data stored on
the Server.
3.3 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.
3.3.1 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.
3.3.2 You will not post, link to or transmit:
(a) any material which is unlawful,
threatening, abusive, malicious, defamatory, obscene,
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.
3.3.3 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.
3.3.4 You will not employ programs which consume
excessive system resources, including but not limited to processor
cycles and memory.
3.4 We reserve the right to remove any material
which we deem inappropriate from your web site without notice. We do
not host Warez or illegal MP3 content.
3.5 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.
3.6 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.
3.7 You shall procure that all mail is sent in
accordance with applicable legislation (including data protection
legislation) and in a secure manner.
3.8 In the case of an individual User, you warrant
that you are at least 16 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 16 years.
3.9 Any access to other networks connected must comply
with the rules appropriate for those other networks.
3.10 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.
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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.
4.3 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 sub clause, we shall have the right to
cancel the account and terminate the Services and/or this Agreement
immediately.
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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 our service
provision. 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. If you choose to pay by credit or debit
card you authorise to debit your account renewal fees from your card.
5.3 All payments must be in Cyprus Pounds, UK
Pounds Sterling, US Dollars or Euros.
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 £25.00.
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.
5.6 If an account goes unpaid for at least seven
days, a £10.00 late payment fee will be applied.
5.7 If an account goes unpaid for at least ten
days, the account and its associated services are suspended. A
£20.00 charge will be applied upon account reactivation to cover
administration costs.
5.8 Once an account has a suspended status, Access
to files, databases and other content is explicitly denied. All
files, databases and other content including the account itself is
permanently deleted after ten days of account suspension.
5.9 Should access to files, databases and other
content be required before they are deleted, account reactivation
will be required.
For information on how to order, the payment methods and currencies
we accept, and our refund policy, please see Contact Us.
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6.
Termination
6.1 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.
6.2 If you break any of these terms and conditions
we may suspend the Services and/or terminate this Agreement
forthwith without notice to you.
6.3 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.
6.4 No refunds will be made for Services suspended
in accordance with 6.1, 6.2 and 6.3.
6.5 We reserve the right to suspend the Services
and/or terminate this Agreement at any time.
6.6 You may cancel the Services at any time.
6.7 You may be entitled to a complete refund of all
fees paid with the exclusion of dedicated server and data transfer
fees should You decide to cancel the Services, as detailed under our
Money Back Guarantee Policy. You will not be entitled to a refund on
this basis if you have previously had an account. It may be
necessary to with hold refund under the Money Back Guarantee Policy
if the account has utilised excessive resources, this is at the sole
discretion.
6.8 Where payment has been made by credit or debit
card, any refund will only be issued to the same credit or debit
card.
6.9 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.
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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.
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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
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9.
Revisions
9.1 Reserves the
right to revise, amend, or modify these Terms and Conditions, and
any of our other policies and agreements at any time and in any
manner. Notice of any revision, amendment, or modification will be
posted in accordance with our Terms and Conditions.
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10.
Notices
10.1 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.
11.
Applicable Law
11.1 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.
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12.
Headings
12.1 Headings
are included in this Agreement for convenience only and shall not
affect the construction or interpretation of this Agreement.
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13.
Entire Agreement
13.1 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.
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14.
Comments or Questions.
14.1 If you have any
questions, comments or concerns arising from the website, the
privacy policy or any other relevant terms and conditions, policies
and notices or the way in which we are handling your personal
information please contact us.
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