Terms and Conditions

All headings in the conditions are provided for clarity and do not affect the legal meaning of the conditions.

Definitions

The following words have the meanings set out below unless it is obvious that they should mean something else in a particular context:

• "You" means the person, business or other legal entity entering into a contract with us for hosting services, and any person, business or other legal entity making use of those hosting services;
  
  
• "Us" or "We" means Ian Lauwerys Consulting Ltd;
  
  
• "Conditions" means the terms and conditions as set out on our web site at http://www.lauwerys.co.uk/hosting/terms-and-conditions.php;
  
  
• "Hosting Services" means the services supplied under the contract between you and us, which may include email services, web site hosting, file transfer services, domain name registration and other services as described in our order acknowledgement;
  
  
• "Consumer" means a private individual as defined by the relevant consumer protection legislation in England and Wales.
  
  
• "Publish" means publication of, issue of, display of or linking to materials both directly through the hosting services and indirectly, for example by using the hosting services to publicise, sell or organise the distribution of physical materials.

Acceptance of Terms

The conditions set out the entire terms under which we will provide you with hosting services. The conditions apply to the contract between you and us, and by using the hosting services you accept the conditions. All other terms and conditions are excluded to the fullest extent permitted by law unless we agree otherwise in writing.

We may revise the conditions at any time without notice. By using the hosting services following any such revision, you agree to the revised conditions. You must review the conditions regularly on our web site at http://www.lauwerys.co.uk/hosting/terms-and-conditions.php.

About You

You warrant that you are entering into the contract as a business or other legal entity and not as a consumer. You agree that consumer protection legislation does not apply to you and that it does not apply to the the contract.

You must provide complete and accurate information about yourself as requested when placing your order and in any other correspondence between you and us. You must keep us informed of any changes to such information. If the information you provide is incomplete or inaccurate or we reasonably suspect this to be the case, we may suspend the hosting services or terminate the contract without notice.

Your Obligations

You must keep confidential all usernames, passwords and technical details supplied to you by us and share them only with the people that you authorise to use the hosting services.

You must inform us immediately if you know or suspect that a username or password has become known to someone you haven't authorised to use the hosting services. You must also inform us immediately if you know or suspect that the hosting services have or may be used in a way not authorised by you or in a way that breaches the conditions.

If you forget any username or password you must contact us and, subject to satisfying our security checks, we will issue you with a new password.

You must not use the hosting services for any unlawful purpose or to publish any unlawful material, including material that is obscene, threatening, malicious, harmful, abusive, defamatory, that breaches the rights of any third party including copyright, trade secret or other intellectual property rights, that constitutes or encourages a criminal act, or that contains a virus, worm, trojan horse or other harmful software code.

You must not use the hosting services to publish any "Adult" or pornographic material, regardless of whether it is lawful or not.

You must not use the hosting services to publish any material that we consider may harm us or bring us into disrepute.

You must not use the hosting services to distribute unsolicited email or "Spam". You agree that we may charge you £150.00 for each breach of this condition.

You must not install or run background programs, including IRC related software such as bouncers and bots, chat programs and talkers, email distribution programs and other programs that make unreasonable use of server resources.

You may install and run any scripts you wish so long as they do not affect the normal operations of the server and that are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. You will not install or use chat server scripts or any script named "formmail". If your scripts affect normal server or administrative operations, the hosting services will be suspended until you cooperate in eliminating the problem.

You may not use the hosting services to attempt to circumvent the user authentication or security of any host, network, or account. This includes accessing data not intended for you, logging into a server or account that you are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or breach of any other organisation's security policy. You may not attempt to interfere with or deny service to any user, host, or network. This includes flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. We will cooperate fully with investigations of breaches of system or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal acts.

You will check all material, computer software and data that you use in conjunction with or publish through the hosting services for viruses, worms, trojan horses and and other harmful software code.

You agree that you are the publisher and editor of the material that you publish through the hosting services. You agree that if we become aware of a breach or potential breach of the conditions that, as we are not the publishers of the material, our only options are to suspend the hosting services or to terminate the contract without notice as we see fit.

The Hosting Services

The hosting services will be as described on our web site at http://www.lauwerys.co.uk/hosting/ and in our order acknowledgement. We may change, improve, correct, temporarily suspend or permanently discontinue any part of or all of the hosting services without notice. You agree that we will not be liable to you or to any third party for any costs or damages if we do so.

If we have to suspend all or part of the hosting services temporarily, other than as a result of a breach of the conditions by you, we will restore the suspended hosting services as soon as we reasonably can. We do not offer "uptime" guarantees and we do not issue refunds or credits for temporary suspension of all or part of the hosting services.

The hosting services include a data transfer allocation as described on the web site at http://www.lauwerys.co.uk/hosting/ and in our order acknowledgement. You agree that we may allow you to exceed your allocation or that we may restrict you to your allocation as we see fit.

If we allow you to exceed your data transfer allocation, you agree that we may charge you at our then applicable prices. You are responsible for monitoring and controlling your data transfer. You agree that we don't have to notify you when you incur or are about to incur such charges.

If we restrict you to your data transfer allocation, you agree that the hosting services may be unavailable to you or to third parties until your next allocation becomes available.

You are responsible for checking incoming and outgoing email using your own anti-virus and security systems. You agree that with respect to anti-virus precautions it is standard practice to employ a "belt and braces" approach and that you will maintain your own systems in addition to those provided as part of the hosting services. We make no representations or warranties with respect to the anti-virus and anti-spam systems that we provide including warranties of merchantability and fitness for a particular purpose. We do not represent or warrant that the anti-virus and anti-spam systems will identify any or all messages containing malicious or harmful software code or unsolicited email. You agree that we are not liable for any damages or legal costs arising from any failure, error or unavailability of the anti-virus and anti-spam systems provided as part of the hosting services.

You are responsible for keeping copies of all materials, data and configuration information. You agree that we are not required to make backups on your behalf. In the event of loss of data your data from the server, whether caused by human error, software error, damage, accident, fire, theft, unauthorised use or some other event that our sole responsibility is to provide a functioning hosting account within a reasonable period of time. The replacement hosting account will be configured as a new and you agree that are responsible for restoring all materials, data and configuration information from your own backups.

The hosting services may be provided from or situated in geographic locations other than England and Wales including locations outside the EEA. You agree that we may transfer your personal data as defined in the data protection act to any such location and process it in any such location as we see fit. You agree that you are responsible for the any transfer and processing of personal data that may occur through your use of the hosting services and you will obtain the necessary consents to do so.

We will not create, manipulate or manage any material that you wish to publish, or configure or operate the hosting services on your behalf.

You agree that technical support will be provided through the web and email links in the service and support section of our web site at http://www.lauwerys.co.uk/hosting/service-and-support.php. Telephone and on-site support are additional services and are subject to a consultancy agreement with us and payment of substantial additional charges.

Technical support will be provided on a reasonable endeavours basis, Monday to Friday, 9:30am-5:30pm, excluding public holidays in England and Wales. We offer no guarantees on response time or problem resolution time. You agree that we may offer alternative support arrangements as we see fit and that changes to support arrangements will be published on our web site at http://www.lauwerys.co.uk/hosting/service-and-support.php.

Technical support is limited to the administration and operation of the hosting services through the site control panel and uploading of your site through FTP or FrontPage. Technical support does not include advice and assistance with things such as web site design, scripting and coding, database design and administration, installation and operation of client software such as email clients, ftp clients, web browsers, web site design, management and publishing software, etc.

You agree that you will not share, re-sell or attempt to share or re-sell the hosting services in whole or in part, transfer or attempt to transfer the contract or permit any third party to use the hosting services for any purpose without our explicit written consent which we may provide or withold at our absolute discretion. If you are a consultant or reseller entering into the contract on behalf of a client or in order to provide the hosting services to a client, you must inform us of this fact when placing your order.

Domain Names

We will use reasonable endeavours to register new domain names that you request and to transfer existing domain names to us at your request. You agree that we don't have to accept any request to register or transfer a domain name or to continue to process any registration of a domain name.

Our obligations in relation to domain name registration and transfer are limited to forwarding your request to the relevant naming authority, providing reasonable administration services in relation to your request and notifying you of the result of your request once received from from the naming authority.

We make no representations or warranties with respect to availability or likelihood of successful registration or transfer of any domain name. We make no representations or warranties that you are entitled to use any domain name that we register on your behalf.

You agree to make yourself aware of and comply with the terms and conditions for the registration and administration of domain names published by the relevant naming authority. You agree that we are required to administer your domain names in accordance with those terms and conditions and that we have no control over how the terms and conditions change in the future.

We will use reasonable endeavours to notify you of renewal dates for domain names registered by us or transferred by you to us. You are responsible for requesting us to renew domain names and that we are not liable for any failure to renew a domain name.

You agree that we may change the registrar that holds your domain names as we see fit and without notice.

Liability

You agree that you are entirely responsible and liable for all activities conducted and charges incurred under the hosting services supplied to you, whether you authorise them or not. You agree that we are not liable for any damages or legal costs arising from your use of the hosting services.

You agree to indemnify us against and hold us harmless from any claims and legal costs resulting from your use of the hosting services which damages you or any other party.

The hosting services are provided "as is" and "as available". We make no representations or warranties with respect to the hosting services, including warranties of merchantability and fitness for a particular purpose. We do not represent or warrant that the hosting services will meet your requirements or that the hosting services will be uninterrupted, timely, secure, or error-free.

You agree that the allocation of risk in this contract reflects the price paid for the hosting services and that it is not within our control as to how or for what purposes you use the hosting services. If any exclusion in the conditions is held to be invalid and we becomes liable for loss or damage that may lawfully be limited then such liability will be limited to the amount paid by you for the hosting services.

You agree that we are not liable for delay in performing or non-performance of our obligations under the contract due to circumstances beyond our reasonable control such as governmental acts, war, terrorism, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire, explosion, natural or local emergency.

Payment and Price

The price payable for the hosting services will be published on our web site at http://www.lauwerys.co.uk/hosting/ and on our order acknowledgement. We may vary our prices at any time and without notice. In the case of new contracts, the price will be the published price on the date of your order. In the case of contract renewals, the price will be the published price on the last date for giving notice of cancellation, i.e. one month before expiry of the initial contract period or renewal period.

The price payable for exceeding your data transfer allocation will be the published price on the first date that the allocation becomes available. You will be charged the published price for each additional 1000MB or part thereof that you use. Unused allocation cannot be transferred to the next period. You agree that we may aggregate such charges and invoice you at the end of the initial contract period, renewal period or when the aggregate charges exceed £10.00.

It is of the essence of the the contract that you will pay the price and all other amounts due by the date and in the currency specified on our invoice. Payment will be deemed received upon receipt of cleared funds. You will make payment in full without any abatement, set off or deduction.

In the case of non-payment or late payment, you agree that we may suspend the hosting services or terminate the contract. You further agree that we may charge our reasonable costs in administering and recovering payment.

No refund of the price will be made except as noted in the conditions. Where the hosting services include or consist of domain name registration, payment must be made in advance and the registration request will not be processed until payment is received. No refunds will be made in respect of domain name registration regardless of the success or failure of the registration request.

Upgrades

You agree that upgrades of the hosting services to provide more capacity or additional features will be at our sole discretion. If we upgrade the hosting services at your request, the contract will be extended for a renewal period of twelve months commencing on the date of the upgrade.

The price payable will be the full price of the upgraded hosting package as published on our web site at http://www.lauwerys.co.uk/hosting/ on the date of your order and in our order acknowledgement. Fees already paid will be credited to your account pro-rated in proportion to number of unexpired whole months remaining in the intial contract period or renewal period.

Privacy

Our general privacy policy is published on our web site at http://www.lauwerys.co.uk/h_policy.php and we will deal with your personal information in accordance with this policy.

You agree that we may disclose information about you or the operation of the hosting services either as required by law or where we act in good faith believing that such action is necessary to comply with the law, to protect or defend our rights and interests, or to protect the safety of the public.

Term and Termination

The initial contract period will be for twelve calendar months commencing on the date that we despatch the welcome email informing you of your hosting account user name and password.

Upon expiry of the initial contract period and any subsequent renewal periods, we may at our sole discretion extend the contract for a renewal period of a further twelve months at the then applicable prices and under the conditions then pubished at http://www.lauwerys.co.uk/hosting/terms-and-conditions.php. Any renewal period will run consecutively with the preceding initial contract period or renewal period.

You may terminate the contract at the expiry of the initial contract period or a subsequent renewal period by giving notice at least one month prior to expiry of the initial contract period or renewal period.

We may terminate the contract immediately and without notice if you fail to pay any sums due within 14 days of their due date.

We may terminate the contract immediately if you commit a material breach of the conditions which impairs or may impair our ability to provide the hosting services to you or to our other customers.

You or we may terminate the contract immediately if the other party commits a material breach of the conditions which is not remedied within a reasonable time period following notice of thew breach or which is not capable of remedy.

You or we may terminate the contract immediately if the other party convenes a meeting with its creditors or if a proposal is made for a voluntary arrangement within part 1 of the Insolvency Act 1986 or a proposal for any other composition, scheme or arrangement with (or the assignment for the benefit of) its creditors or if the other party is be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or if a trustee receiver or administrative receiver or similar officer is appointed in respect of all or any of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or any other steps are taken for the winding up or the making of an administrative order (otherwise than for the purposes of a solvent amalgamation or reconstruction).

In the event that we are entitled to terminate the contract, at our sole discretion we may suspend the hosting services for a period that we may determine.

If we discontinue the entire hosting services permanently, you may terminate the contract and receive a refund of the fees paid pro-rated in proportion to number of unexpired whole months remaining in the initial contract period or renewal period.

Upon termination of the contract or expiry of the initial contract period or renewal period all amounts payable will become immediately due and we will be entitled to immediately cease providing the hosting services and delete all materials and data that the hosting services may contain.

Any termination of the contract will be without prejudice to any other rights or remedies which you or we may be entitled to hereunder or at law and will not affect any previous rights or liabilities of you or us nor the coming into or continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force upon or after such termination.

Waiver

Any failure or delay by you or us in exercising any rights or remedy will not constitute a waiver.

Notice

All notices or other communications given under the contract must be in writing and must be given by first class post, email or fax to the last known postal address, email address or fax number of the relevant party to the contract. Notices will be deemed to have been received when in the ordinary course of the means of transmission it would be received by the addressee. To prove the giving of a notice it will be sufficient to show it was despatched. A notice will have effect from the sooner of its actual or deemed receipt by the addressee.

Jurisdiction

The contract is governed by English law and will be deemed to have occurred and been made in England and Wales. In the event of a dispute you agree that it will be exclusively resolved in the courts of England and Wales.

We do not represent that the hosting services are appropriate, legal or available for use in in any geographic location other than England and Wales. You agree that you use the hosting services is at your own initiative and that we are not responsible or liable for your compliance with local laws or other applicable laws. You will not access the hosting services if prohibited by such laws.

Severability

If any provision of these conditions is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the provision will be deemed to be severable from the remaining provisions and will not affect their validity or enforceability.