Web Hosting Terms &
Conditions
HostWirral/WirralNet is a provider of shared
web hosting solutions. All shared web hosting accounts are provided subject to
understanding, agreement and compliance of the terms and conditions described in this
document/webpage. Under the terms of this agreement, your placement of
information and data on our servers is an acknowledgement that you have read,
understand, and agree to be bound by terms and conditions below.
Acceptable Use
WirralNet services may only be used for lawful purposes. Transmission of any
material in violation of International, Country, County, Federal or State
regulation is prohibited. This includes but is not limited to: material
legally judged to be threatening or obscene, or material protected by trade
secret laws.
If you are found in violation of the WirralNet Acceptable Use Policy and
Terms of Use, your account may be terminated without notice and you will
forfeit all of the money that has been paid to us.
Examples of content that is not acceptable on WirralNet services: "Pirated
software" or "Warez", "Hacker programs and/or archives", "IRC Bots",
"Gambling Related", "Copyrighted Mp3's".
You specifically agree to indemnify and hold WirralNet harmless from any
claims resulting from a breach of these terms, and/or their use of the
service, which damages another.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, and
password cracking. IP spoofing, etc., and encrypting of any of the above.
Also includes any sites which provide "links to" or "how to" information
about such material.
Adult Web Sites
WirralNet do NOT allow websites
hosting adult orientated content of any kind. If you are unsure as to
whether your website would be allowed, please contact us to verify it.
Spam
SPAM in any shape or form is NOT permitted and is grounds for
immediate account termination. Mailing lists via a mailing list manager are
acceptable as long as the lists are OPT-IN list that people have signed up
for. Spam complaints from other users will not be tolerated.
IRC and Chat Rooms
Internet Relay Chat (IRC) traffic is not permitted on the network in any of
its many forms including, but not limited to: bots and IRC servers. CGI
based forums are NOT allowed on Xcellweb Hosting Services shared and
reseller web servers due to their inefficiency. Please use a PHP based forum
instead. If you are in doubt, please contact us.
Intellectual Property Rights
You shall obtain any and all necessary consents and clearances to enable you
lawfully to make use of all and any intellectual property rights through the
Services, including without limitation, clearance and/or consents in respect
of your proposed domain name.
Service Availability
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. Our network uptime
Service Level Agreement is 99.9% This covers network downtime as a result of
a main data centre power failure, but not an isolated router/server. This
does not cover server hardware or software failure or downtime as a result
of an individual person(s) ISP routing or peering issues.
We shall have the right to suspend the Services at any time and for any
reason although we will inform you of any action that is to be taken and how
long it will last for. We do not tolerate more than one login session under
any one account at any one time. User programs may be run only during login
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.
99.9% Network Uptime Service Level Agreement
Our 99.9% network uptime service level agreement applies to all
shared web hosting clients. Should the network uptime fail for longer then
an hour in a single month, then each client will be entitled to a 5.00%
credit to their account, for each hour past the first hour, that the service
is unavailable. If the client decides to leave as a result of the downtime
incurred, then the client can opt to have their credit mailed to them in the
form of a cheque or sent via PayPal. This guarantee does not cover critical
server hardware failure, although compensation may be offered in such cases.
Fines & Charges
WirralNet reserve the right to levy a penalty fee of £10.00 GBP per
violation of the Terms & Conditions of Service Agreement. If a clients
account is terminated due to breach of terms and conditions, WirralNet
reserves the right to charge a £10.00 charge per violation and a further
£25.00 fee to re-establish the service.
Legal
WirralNet expects that its subscribers who provide Internet services to
others will comply fully with all applicable laws concerning the privacy of
on-line communications. A subscriber's failure to comply with those laws
will violate our policy. Finally, WirralNet wishes to emphasize that in
signing the service agreement, subscribers indemnify WirralNet for any
violation of the service agreement, law, or WirralNet policy, which results
in loss to WirralNet or the bringing of any claim against WirralNet by any
third-party. This means that if WirralNet is sued because of a subscriber's
or customer of a subscriber's activity, the subscriber will pay any damages
awarded against WirralNet, plus costs and reasonable attorneys' fees.
Limitation Of Liability
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.
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.
In any event no claim shall be brought unless you have notified us of the
claim within 6 months of it arising.
In no event shall we ever 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.
Payment
All accounts are set up on a prepay and pro-rated basis. Unless otherwise
notified, payment is due on the 1st of each month for monthly payments or a
year following the date the account was established for annual payments. If
payment is not paid on or before the due date, WirralNet will suspend the
service after 5 days of non-payment. The service will remain suspended for
28 days, after which the account will be terminated, the data will be wiped
from the server(s) and the client will be removed from our records. The
client will then become liable for any setup charges incurred due to the
setup of a new account. If you have problems making payment by the due
date, it is important that you contact us as soon as possible to let us know
your reasons and circumstances. We strongly consider all situations and we
may be able to help you.
15 Day Money Back Guarantee
All new accounts are subject to a 15 day money back guarantee. This
guarantee is in place to protect new clients and help them decide upon our
service. If, within the first 15 days, you decide that our service is
not right for you, please contact our customer support team and we will
terminate your account and issue a full refund within 2 working days. This
guarantee is valid for 15 days from the receipt of the initial account
payment and can only be taken advantage of once every 12 months by the same
client and/or URL and/or payment account unless otherwise agreed.
Free Hosting Accounts
All accounts provided under the WirralNet free hosting service
(currently defined as the "WirralFree" plan) are subject to strict
compliance with our terms and conditions. These accounts are intended for
personal and small business use only, and do not include database
capabilities such as MySQL etc... The plans are also subject to a fair use
policy and any site found to be using excessive server resources will be
suspended until the situation is resolved. Customer support is provided with
free accounts, however paid accounts get preference.
The specifications of free web hosting plans can change without notice.
Headings
Headings are included in this Agreement for convenience only and shall not
affect the construction or interpretation of this Agreement.
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. Misuse Of Resources including but not
limited to employing applications which consume excessive CPU time.
Chat/IRC, web proxy and mailing list scripts are not allowed on our network
under any circumstances. Streaming media can be a drain on web server
resources and as such is not allowed. CGI based message forums which use
flat file databases are often found to use excessive system resources, to
avoid disappointment please use a PHP/ASP message forum.
If you are unsure about content you intend to place on our network, please
check with us before you do. We reserve the right to determine what
constitutes acceptable use. We may amend these terms of service with or
without notice.
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