Website Hosting Agreement

Where the context admits: "We" includes ProWebHost , ProWebHost.Co.UK or any party acting on ProWebHost's implicit instructions. "You" includes the person purchasing the services or any party acting on the customer's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" the relevant domain names Registry. "Server" means the computer server equipment operated by us in connection with the provision of the Services. "Website" 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.

By using our services you agree to be bound by our Terms and Conditions below:

1.0  Domain Name Registration.

1.1  We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.

1.2  The registration and use of your domain name is subject to the Terms and Conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those Terms and Conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. See http://ww.nic.uk/terms.html for information relating to .co.uk domain names
Global domain registrations must abide by INWW terms found here: http://www.inww.com/policies/gtldtermcond.php3

1.3  We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

2.0  Website Hosting and Email.

2.1  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.

2.2  You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.

2.3  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.

    2.3.1  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 authorize or permit any other person to do so.

    2.3.2  You will not post, link to or transmit:

        2.3.2.1  Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way. Including but not limited to hatred content and political agenda.

        2.3.2.2  Any material containing a virus or other hostile computer program whether live or in "storage". Breaking this rule will result in the termination of any accounts with Us

        2.3.2.3  Any material which constitutes, or encourages the commission of a criminal offense 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. Including but not limited to those sites selling and / or promoting drugs, weapons or any illegal activity.

    2.3.3  You will not send bulk email whether opt-in or otherwise from our network. You will not harbour lists of email addresses for the purpose of mass unsolicited emailing and/or employ "Sniffing" systems that search the internet to find and store email addresses. Nor will you promote a site hosted on our network using bulk email.

    2.3.4  You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory. If a script goes over 20% of a total servers resources for a sustained amount of time, the account will be suspended and the process and scripts involved terminated.

    2.3.5  The following processes are not allowed on any servers: IRC, BitchX, bnc, eggdrop, guardservices, ircd, psyBNC, ptlink. Breaking this rule will result in suspension or termination of your account(s).

    2.3.6  You will not use CGI only based forums or chat clients, Php / MySQL forums however are allowed.

    2.3.7  You will not employ attack / hack software including but not limited to port scanning utilities. Breaking this rule will result in suspension or termination of your account(s).

2.4  We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez or similar content. You may only upload MP3 content if you own the copyright or if it is copyright-free material. This also includes but is not limited to other audio / visuals / games e.g., mpg's, mpegs, avi's etc.

2.5  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 unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.

2.6  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.

2.7  You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

2.8  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.

2.9  Any access to other networks connected to ProWebHost must comply with the rules appropriate for those other networks.

2.10  Whilst we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

2.11  Users that abuse the network, such as mass unsolicited email (spam), illegal content, fraud, payment invasion, will have their name, website address, details of the abuse and ip number posted to all customers via our 'news' email service. Under all circumstances we will inform your ISP of your actions and if necessary legal and police departments. We will not tolerate any abuse of our network and abuse will be punished to the fullest extent allowable under law.

2.12  In relation to clause 2.11, we have the right to charge a £100 fine for each abuse case and the abuser will be liable for any costs incurred by ourselves, our customers or any other company / business linked to us.

2.13  If you abuse the network or we receive a complaint about your account we will investigate this and we have the right to suspend the account if your actions could have a negative effect on our business or any other business connected to us. In extreme cases we may terminate your account and end our business relationship with you immediately. In such circumstances a refund will not be paid. Attempts to recover any monies paid in abuse situations will result in legal proceedings against you to the fullest extent allowable under law.

2.14  The above clauses, namely 2.11, 2.12 and 2.13 are here to protect our honest and legitimate customers from the negative effects caused by abuse of our network. We take abuse extremely seriously and we will always punish abusers to the fullest extent in EVERY case without exception.

3.0  Website Hosting Service Availability.

3.1  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 downtime of the Server.

3.2  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.

3.3  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.

3.4  Uptime guarantees do not include downtime required to upgrade / service hardware or problems caused by your equipment or 3rd parties, for example but not limited to, your ISP (internet service provider).

4.0  Payment.

4.1  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.

4.2  Payment is due each month, quarter 6 months or yearly until closure notice is given. If you choose to pay by credit or debit card you authorize ProWebHost's credit card / debit card processing (PayPal) to debit your account renewal fees from your card.

4.3  All online payments must be paid in Pounds (GB) Sterling only. Payment by money order / cheque in Pounds (GB) Sterling only.

4.4  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.

4.5  Due to our payment processor being PayPal, we will not enable provision of service to UNVERIFIED PayPal accounts until the funds for the provision of service has been cleared in full.

4.6  Orders submitted using free email accounts may be subject to a telephone call to confirm the order prior to the account being set up.

4.7  From time to time security checks are performed and new customers may be telephoned prior to any service commencing.

4.8  If unpaid monies are owned to us for one or more services we reserve the right to suspend / terminate all services you hold within the ProWebHost network.

5.0  Website Hosting Termination.

5.1  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.

5.2  If you break any of these Terms / Conditions we may suspend the Services and / or terminate this Agreement forthwith 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 the Services and/or terminate this Agreement forthwith without notice to you.

5.4  Refunds will be given at the discretion of ProWebHost management including refunding of upfront yearly fees.

5.5  We reserve the right to suspend the Services and/or terminate this Agreement / your account at any time with no notice or reason.

5.6  You may cancel the Services at any time.

5.7  On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Website and to remove all data located on it.

5.8  When an account termination request is received it will only be actioned if it contains enough proof that we know it came from the authorized account holder. Such information required is: full name, username and password.

5.9  When an account termination request is received and complies with 5.8 it will be terminated immediately. We do not accept termination requests that request closure at a future date.

5.10  Accounts closed in error by the customer will not be reopened unless we receive new payment equivalent to one years service.

6.0  Adult Website Hosting.

6.1  We do not under any circumstances allow adult content that contains any person under the age of 18.

6.2  Adult hosting customers agree for us to check their content from time to time to protect against underage and / or illegal content.

6.3  Any customer found to be hosting underage and / or illegal content i.e. child porn will have their account terminated immediately and the offending content will be passed to the relevant authorities on ALL occasions.

6.4  A charge of £200 will be taken from any customer found to be hosting child porn and no refunds will be paid.

6.5  We reserve the right to decline any adult related website at our discretion.

7.0  Credit / Debit Card Charge Backs.

7.1  If any services have been used and the customer requests their bank to recall the payments made (sometimes called a charge backs) then legal action may be taken against the customer to recover such payments in all circumstances.

7.2  All actions of fraud are automatically reported to the police.

7.3  Any charge backs from credit / debit cards will result in your account being terminated and a charge back fee will be billed at £30 per account.

8.0  Bandwidth.

8.1  You can monitor your bandwidth usage in your web based control panel, and if needed - extra bandwidth can be purchased in advance. Our pricing structure reflects our bandwidth costs, and it is often easier to just upgrade to the next package level.

8.2  Accounts with bandwidth specified as unlimited on shared hosting servers will be subject to resource monitoring. Any account found to be placing unreasonable load on (hogging) the shared hosting environment will be capped either by incoming connections or by bandwidth throughput.

9.0  Unsoliced Commercial Email (SPAM).

9.1  We do not, under any circumstances or for any reason allow spamming from our services. Any member who is found to have spammed another entity or person will result in their account being terminated permanently and any hosting fees unused will be immediately forfeited.

9.2  Furthermore, a fee of £75 will be charged to your account if you have been found guilty of spamming from our services.

10.0  This Agreement.

10.1  By performing any transactions on this website you agree to these Terms and Conditions.

11.0  Infancy.

11.1  You attest that you are of legal age to enter into this legal agreement.

12.0  Law.  

12.1  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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