Support: 08712 885 675
(10p per min)

THESE TERMS AND CONDITIONS APPLY TO ALL HOSTING PACKAGES

Web Hosting Terms and Conditions

Last updated 31-03-2009.

These terms and conditions constitute an agreement between Mark Christopher Cook and James Huxtable trading as Leading Edge Hosting (herein referred to as 'the Partnership') and you 'The Client'.

These terms and conditions apply to all hosting packages and services provided by the Partnership to the Client.

You have entered or are entering into a web hosting contract with the Partnership, which includes conditions limiting our liability and relating to our use of your personal information.

These terms and conditions are for the web hosting services the Partnership provides, and are separate to any arrangement you may have with any other organisation for providing Internet services, and to any other contract you may have made with the Partnership.

These terms and conditions replace all previous contracts, understandings and representations you may have with the Partnership for web hosting, whether spoken or written.

Definitions

'Deliverables' - The files, systems, programs, infrastructure and code that make up the contents of the agreement.

'Web Standards' - As defined by the World Wide Web Consortium (w3c). Further information about web standards is available here: http://www.w3.org/

'Non-standard server configuration' - The Partnership considers the current running production server as having our standard configuration. Any request to change this (including installing new software, reconfiguring existing software, adding hardware) is considered a non-standard server configuration.

'Hanged' - when a computer or software running on a computer stops responding to user input and/or system calls.

Order Acceptance

The Partnership has not officially accepted your application & order until you receive a full confirmation email detailing your account settings. Before this time the Partnership reserves the right to cancel, reject or abort any order or application made by the Client. In any such case, if funds have already been taken, a full refund will be made.

Refund Policy

If the customer is not satisfied with the provided services, and a request to cancel the account is made within 30 days of the account being set up, the Partnership agrees to cancel the account and refund any payment made for web hosting services. Since domain name purchases are made through a 3rd party, the Partnership regrets it cannot offer any refunds on domain name purchases.

Providing payment has been received for domain purchases the Partnership will, at the Clients request, transfer any domain registered on the Clients behalf to another domain registrar, either by changing the IPSTAG or by releasing the domain for transfer requests.

Contract Length

By signing up with the Partnership for any package, you are agreeing to a one year contract. Because of this if you make a cancellation of this contract at any time during the length of the contract, after the 30 day cooling off period, there is no refund available to you. The Partnership, however, may decide to refund Clients in certain circumstances however the decision to do this will be made solely by the Partnership.

Once the contract term is completed, a further one year term will come into existence if neither party has given the other notice of its wish to terminate on the anniversary of commencement.

The Partnership reserves the right to change its prices at the start of every new term, however all pricing is guaranteed for the period of prepayment if the Client has pre-paid.

Server Use

The Partnership reserves the right to refuse service and/or access to its servers and/or services to anyone.

The Partnership reserves the right to move your data to a different server with no previous notice.

The Partnership reserves the right to change server access details with no previous notice, including but not limited to FTP log in details, Plesk control panel login details, IP addresses, POP3, SMTP & IMAP login details, SSH login details and software ports.

Domain Registration

The domain name registration period runs for one year from the date of registration. After this time period has lapsed, registration renewal may be made upon receipt of payment of renewal fees.

Domain name registration for .co.uk, .org.uk, .me.uk domain names lasts for two years from the date of registration. After this time period has lapsed, registration renewal may be made upon receipt of payment of renewal fees.

No refunds can be made if registration attempts through other parties have been made by the registrant within 48 hours (either side) of attempting to register the domain through the Partnership.

Until the registrant receives confirmation of registration from the Partnership, there is no guarantee that the domain name requested will be registered.

The Partnership will do all they can to ensure that the registrant's details are submitted correctly during registration.

The registrant agrees that all details submitted in respect of a domain name registration are true and correct. The registrant makes certain to the Partnership that the registration of a domain name and the way in which it is used (directly or indirectly) does not infringe the legal rights of any third party. The Partnership does not accept any responsibility for the use of registered domain names especially where there may be conflict over rights to ownership. The registrant indemnifies the Partnership from any legal proceedings and costs that arise as a result of the registration and use of a domain name.

All .co.uk, .org.uk and .me.uk registrants must agree to Nominet UK's terms and conditions located at http://www.nominet.org.uk/registrants/aboutdomainnames/legal/terms/

Termination & Misuse

In the event of a breach of our terms and conditions: If the violation of our terms is one that can be remedied by the Client upgrading to another package we will suggest this via email and allow 48 business hours for this to happen. If the Client chooses not to upgrade to resolve the violation or if the violation cannot be resolved by such an upgrade we will firstly suspend the web hosting account and email the Client. The matter will then be considered by our management team and the account will either be reopened or officially closed. No refunds of any fees will be given on accounts suspended for any reason.

Accounts can be terminated by the Partnership if they are being misused by the user. The Partnership will always attempt to contact the account holder in any such case although suspensions are not guaranteed to receive email notifications. Misuse includes, but is not limited to, all of the following;

The sending of UCE (Unsolicited Commercial Email - 'SPAM') through our servers, or through third party servers, including promoting a web site hosted by us, can result in the suspension or termination of your web hosting account.

Any form of hacking related activity, including hosting of hacking related materials.

Any attempt to bypass any security measure on any server owned by the Partnership.

Non payment of fees.

Any other breach of our terms and conditions as listed in the Cancellation section of this agreement.

If the Clients account is suspended for any reason, all existing payment obligations will remain in force until the Partnership either agrees to re-instate the account, or cancels the Clients account. The Partnership agrees to make this decision within 7 working days.

Fair Use Policy

All features, including 'Unlimited' features are subject to this fair use policy.

For some shared resources we require that customers do not continuously use an unreasonable excess of those resources (using them in a burstable fashion is, of course, entirely acceptable). Examples of an excess might include; running software that uses all available CPU constantly, or continuously using many times the base-allocation of un-metered bandwidth. In such circumstances we reserve the right, at our discretion, to request that the Client cease such activities or are forcibly upgraded to a more suitable package or, in the case of excess use of un-metered bandwidth, be moved to a metered bandwidth connection. The Partnership reserves the right to limit any feature of any Client account after giving 48 hours prior notice. It is the sole right of the Partnership to decide if resources are being used to an unreasonable excess.

The Partnership also reserves the right to terminate, without notice, any server program or script or running software that the Partnership deems to be using excessive computer resources or that has 'hanged'.

Cancellation

We may cancel your account for any of the following breaches of our terms and conditions:

  1. The hosting of, reference to or linking to nudity, pornography, anything of a sexual, lewd, or obscene nature.
  2. The hosting of, reference to or linking to violations of any copyright or any other right of any third party.
  3. The hosting of, reference to or linking to threatening, abusive, harassing, defamatory statements.
  4. The hosting of, reference to or linking to promotion of illegal activities (e.g. information on hacking, cracking, making illegal devices, etc).
  5. The hosting of, reference to or linking to information, instructions, or software containing or about any kind of virus.
  6. The hosting of, reference to or linking to hate speech or hate propaganda.
  7. The hosting of scripts or systems that causes server performance to decrease or cause a serious problem with the smooth running of the server. Be warned that this can include many of the popular forum / community systems once under medium to heavy load due to the intensive way in which they operate. Should your account be found to be causing server performance problems you will be emailed with the instruction to upgrade without delay to a more suitable package (which is designed for & supports high usage scripting) or make alternative arrangements with another Company for the hosting of your website. We will typically give you 48 business hours to upgrade or 7 days to make alternative hosting arrangements. The Partnership will be the sole judge of how many resources any script is using and how the script or system is affecting other users.
  8. The hosting of, reference to or linking to misrepresentation(s) of member's identity, or the impersonation of anyone.
  9. Collection of personal information for illegal purposes. E.g. Phishing.
  10. The hosting of, reference to or linking to content that is deemed by the Partnership, in its sole discretion, to be harmful to the Partnership, another Company or organisation, or individual.
  11. The hosting of, reference to or linking to any products or services (or information relating to them), that is deemed by the Partnership, in its sole discretion, to be harmful, illegal, dangerous, pornographic, or indecent.
  12. Multiple website hosting within one hosting package. Each website you wish to run must have its own web hosting package and you must not host more than one website within your web space.

Backups & Service Level

The Partnership will endeavour to retain regular system backups, however the Partnership will not be held responsible for loss, consequential, incidental and special damages, including but not limited to loss of use, business interruptions and loss of profits, or incidental consequently punitive or exemplary damages,  resulting from any loss of data or service. It is the sole responsibility of the Client to ensure adequate backups and storage provisions are kept.

Indemnification

The Client shall indemnify and hold harmless the Partnership from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs and expenses including reasonable attorneys fees arising from or relating to the Clients provision, or an end users use of the Clients content, any cancellation event imposed by the Partnership as identified in the Cancellation section of this agreement, any infringement of third party rights including intellectual property rights, fraud, Data Protection Act infringements or other breaches of law, storing credit card details or any act error or omission of Client in connection therewith, including but not limited to matters relating to incorrect, incomplete, or misleading information; libel, invasion of privacy; infringement of copyright trade name, trademark service mark or other right or violation of applicable law.

Limitation of liability

·  The Partnership will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by The Client or for any wasted management time or failure to make anticipated savings or liability The Client incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.

 

·  No matter how many claims are made and whatever the basis of such claims, The Partnership' maximum aggregate liability to The Client under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to twice the fees paid by The Client for the services in relation to which The Clients claim arises during the 12 month period prior to such claim.

·  None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of The Partnership, its employees or its sub-contractors

Assignment

The Client may not assign this agreement without the prior written consent of the Partnership which the Partnership may refuse, at the Partnership's sole discretion. The Partnership may assign this agreement by providing written confirmation of the assignment to the Client.

E-commerce

Authorisation of all financial transactions including the use of credit cards on the Client's websites rests solely with the Client or their employees. The Partnership does not accept responsibility for any fraudulent transactions that may take place using the Client's deliverables or service.

Search Engine Optimisation

The Partnership does not undertake search engine optimisation as part of the hosting agreement. The Partnership does not guarantee specific search engine placement results. The Partnership will not be held responsible for any change in search engine positioning experienced by the Client when using the Partnership's service.

Data Protection

The Client agrees that they are ultimately responsible for ensuring data protection. The Partnership will not accept responsibility for loss or theft of data, unless a separate data protection agreement between the Partnership and the Client has been made in writing and which overrides this contract. The Partnership will not be held responsible for any loss or damages that occur from the improper implementation of data protection requirements. The Client undertakes that it will not collect data from or via their Website(s) without obtaining the appropriate registration and otherwise complying with its obligations under the Data Protection Act or equivalent legislation.

Data

If the Client has a content managed website, the Partnership will not be expected to be responsible for loading data into the system. The Partnership will also not be held responsible for the ongoing maintenance of the data on the site.

Confidentiality

The Partnership acknowledges and agrees that all documents and information relating to the Client will be kept in accordance with the data protection act of 1998. Personal information will be kept secure, up to date and processed lawfully and fairly.

The Client agrees to keep all details regarding accessing the Partnership's server(s) confidential, including, but not limited to; ftp details, Plesk control panel details, SSH logins, email logins, private area logins and any other login information provided to the Client by the Partnership. If the Client is aware of any server access details becoming compromised, the Client must inform the Partnership immediately. The Partnership may at any time change server access details, and will typically do so in the event of server access details becoming compromised.

Privacy

The Partnership reserves the right to view the contents of, copy, move, delete or execute any file uploaded onto its systems by any party without exception.

Disclaimers

The Client will indemnify the Partnership should any third party claim arise due to text images or graphics supplied included in the Clients website, breaking international copyright law. The Partnership also reserves the right to refuse to post any information we consider obscene, morally unsuitable, libellous, defamatory or illegal.

Force majeure

The Partnership shall not be liable for any failure to perform its obligations where there is a failure through any circumstances beyond the Partnerships reasonable control including but not limited to Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or [telephone service], and no other Party will have a right to terminate this agreement in such circumstances.

E-Commerce laws

The Client agrees that they are solely responsible for complying with any laws, taxes and tariffs applicable to their website.

Compatibility

The Partnership makes no representations, warranties or assurances that the Clients equipment will be compatible with the Partnership's services.

1. Browser Compatibility

The Partnership uses standard web hosting software to provide its services. Including the Linux Operating System, Apache web server, MySQL database system and PHP processing engine. It is the sole responsibility of the Client to judge if our services are suitable for their needs. The Partnership will only guarantee that its services use current (from the date these terms and conditions were last amended) Internet protocols.

2. Standards Compliance

The Partnership does not undertake web development activities under the remit of this agreement. Therefore it is the sole responsibility of the Client to ensure their website meets current web standards.

3. Screen resolutions

The Partnership does not provide web development services under the remit of this agreement; therefore it is the sole responsibility of the Client to ensure their website is viewable by their target audience.

4. Non-Standard Server Configurations (or software installation)

From time to time, the Partnership is asked to install new software onto the server to support a non standard server configuration. The Partnership reserves the right to refuse to honour such requests where the Partnership feels that this may cause a disruption to our service or system instability or malfunction or a security risk. It is the sole right of the Partnership to decide if the request will cause disruption, instability, security risk, or malfunction.

Payment

The Partnership bills for all packages monthly or annually at the agreed rate. The Client understands that failure to maintain payments for web hosting services will result in suspension of the web hosting services provided by the Partnership.

In the event of non-payment the Partnership will notify the Client of the outstanding amount via email. The Partnership will attempt to notify the Client in this manner three times. If after the third attempt to contact the Client, the Partnership has been unsuccessful in contacting the Client, and payment has remained overdue. The Partnership will terminate the web hosting services provided.

The Partnership reserves the right to suspend web hosting services at any time after the third and final notice is sent typically after 18 days from the renewal period. The Partnership is not responsible for the Clients receipt of the reminder emails unless the Client does not receive the payment reminder emails due to loss of service that can be directly attributed to the Partnership.

In the event that the Client does not receive the reminder emails because the companies service is unavailable, the Partnership will refund the Client for downtime resulting from cessation of web hosting services.

Termination may result in total loss of data, the Client agrees they have read, understood and acknowledge this.

The Partnership reserves the right to increase the price of web hosting packages annually to reflect UK inflation.

The Partnership wishes to inform the Client that in most circumstances the Partnership will simply cease allowing the Client web hosting services before completely deleting the account from the server, but that this is not guaranteed and the Client must be aware of the possibility that all files will be deleted upon suspension of an account.

Storing Credit Card Details

Customers are strongly advised not to store credit card details on our servers. The Client shall indemnify and hold harmless the Partnership from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs and expenses including reasonable attorneys fees arising from or relating to the Clients storage of credit card details on the Partnerships servers.

Alterations to Terms and Conditions

The Internet is constantly changing and developing. As a result of this, the Partnership reserves the right to make reasonable changes to the terms of this contract at any time during the term of the contract. Any alterations to the terms and conditions will be notified to the Client in writing. If the Client does not agree with any change to the conditions, the Client may notify the Partnership that the Client wishes to end the agreement. In this case, the Partnership will provide the Client a proportionate refund of the paid fees for the remaining period.

These conditions are the entire contract between you and us for your web hosting, and replace all previous contracts, understandings and representations about this contract, whether spoken or written

Warrantees Disclaimer

You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Legal Construction

Unless otherwise agreed in writing this order and the contract resulting therefrom shall in all respects be construed and governed by English Law.

Please note:by signing up for any of our services you agree to be bound by all the Partnerships terms and conditions.