Terms & Conditions
This agreement (“Agreement”) is between Force 10 Hosting Limited of St John's House, 54 St John's Square, London EC1V 4JL and the participant (“you” or “your”). This Agreement sets forth the terms and conditions under which you agree to use FORCE 10 HOSTING’s Web Hosting Service (“Service” or “Services”).
1.1 Commencing on the date on which you initiate the Service, you will have use of the Service pursuant to the terms and conditions set forth herein. In exchange, you will pay the current charges for such Service, including setup charges, if applicable. The terms, conditions and charges for the Service may be periodically modified upon agreement between us. After not less than 14 days notice of a modification in writing by FORCE 10 HOSTING, your continued use of the Service constitutes an affirmative agreement to be bound by such new terms, conditions and charges.
1.2 The Service shall continue until such time as you provide FORCE 10 HOSTING with two months’ written notice that you wish to discontinue the Service, or the Service is terminated and/or cancelled by FORCE 10 HOSTING, as set forth herein.
1.3 FORCE 10 HOSTING reserves the right to modify the Service provided this does not detract from the original service in any material or detrimental way. FORCE 10 HOSTING will notify you of same by not less than 14 days notice in writing.
2.1 The charges for the first year of the Service will be as advertised at http://www.force10hosting.com/. Thereafter the Charge for the Service will be based on FORCE 10 HOSTING’s standard annual charge for this service, which may change from time to time upon agreement between us.
2.2 The annual charge will be invoiced annually in advance, the first installment due within 14 days of acceptance of this contract. Thereafter, annual charges will be invoiced 14 days prior to the renewal date of service and payment shall be due within fourteen days.
2.3 Bandwidth usage in/out of the service is unlimited, but provided under the terms of a ‘fair usage’ policy. If you regularly use the service inappropriately, and we believe this is unfairly affecting other customers' use of the service, we'll manage your bandwidth during peak times (which could result in reduced service speeds). If you continue to use your service inappropriately we reserve the right to end your agreement with us and will give you notice before doing so.
2.4 If any portion of the charges is not paid when due or is received after the due payment date, FORCE 10 HOSTING reserve the right to suspend the Services and to charge interest on overdue payments at the standard rate of the Natwest Bank plc from time to time in respect of the entire outstanding balance for each month or portion thereof from the date payment was due until the date payment was actually received.
2.5 FORCE 10 HOSTING shall be entitled to charge you for unusual or excessive telephone, shipping, handling, media or user manual expenses in connection with the Services, provided that FORCE 10 HOSTING has notified you and you have authorised such expense in advance.
3. Provision of Service
3.1 FORCE 10 HOSTING will provide to you processing and data storage services which are located at either FORCE 10 HOSTING or its supplier’s hosting facilities and connected to the FORCE 10 HOSTING or its supplier’s Link described in 3.2 below.
3.2 FORCE 10 HOSTING will provide to you a connection between FORCE 10 HOSTING or its suppliers’ premises (where the processing and data storage services are installed) and the point of interconnection with the Internet (“the FORCE 10 HOSTING Link”).
3.3 FORCE 10 HOSTING guarantees, so far as it is able and subject to external factors and the terms and conditions hereunder, that the service shall be available to you on a “twenty four hours a day/ seven days a week” basis at 99.9% availability.
3.4 FORCE 10 HOSTING shall describe to you what processes will be used to notify and co-ordinate with you concerning planned connectivity downtime and shall ensure, so far as is reasonably practicable that any planned downtime occurs at a time which is mutually agreed.
3.5 You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service. You understand and agree that parts of your service are being provided on a software/hardware platform that is provided by a number of different third parties and that FORCE 10 HOSTING does not have complete control over the reliability/performance of this hardware/software. You further understand and agree that FORCE 10 HOSTING has no control over third party networks, and therefore, delays and disruption of other network transmissions are completely beyond the control of FORCE 10 HOSTING.
4. Limitation of Liability
4.1 FORCE 10 HOSTING will in accordance with Clause 3.3 provide a continuous, uninterrupted, expedient and error-free Service to you. Under no circumstances shall FORCE 10 HOSTING be liable to you or any other person for any special, incidental, consequential or punitive damages of any kind, including without limitation, loss of profits and loss of income.
4.2 FORCE 10 HOSTING’s liability for damages in regards to interruptions of Services (deemed as such by FORCE 10 HOSTING), or for mistakes, omissions, delays, errors and defects in the provision of the Service, shall in no event exceed an amount equal to the pro rata charges to you for the period during which the Service is affected. FORCE 10 HOSTING will offer to terminate the Service if it is down for more than 48 hours continuously.
4.3 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, FORCE 10 HOSTING HEREBY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY AND PERFORMANCE.
4.4 FORCE 10 HOSTING MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FORCE 10 HOSTING MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE.
4.5 FORCE 10 HOSTING MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.
5.1.1 Both parties agree to indemnify and hold the other party harmless from all claims, losses, liens, expenses, suits and legal fees (“Liabilities”) for injuries to or death of any person and for damages to or loss of any property which may in any way arise out of or result from or in connection with the use of the Service.
5.1.2 You agree to indemnify FORCE 10 HOSTING for any actual loss suffered by FORCE 10 HOSTING, in the event that your use of the Service:
(i) constitutes a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws);
(ii) is defamatory, fraudulent, obscene or deceptive;
(iii) is intended to threaten, harass or intimidate
(iv) interferes with other customers’ use and enjoyment of the Services provided by FORCE 10 HOSTING.
(v) constitutes, promotes, facilitates of permits gambling
(vi) distributes, shares, or facilitates the distribution of unauthorized data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code (collectively, “Harmful Components”).
(vii) constitutes or facilitates the illegal export of any controlled or otherwise restricted items, including without limitation, software, algorithms, or other data that is subject to export laws.
6. Compatibility and Security
6.1 Unless we agree otherwise in writing and you enter into an appropriate agreement with us, you are solely responsible for provisioning, configuration and maintenance of all equipment on your premises, including, without limitation, computer equipment and modems. FORCE 10 HOSTING shall not be responsible for delays in the provision of Service resulting from incompatibility of such equipment, or resulting from improper provisioning, configuration or maintenance of such equipment.
6.2 You are responsible for any misuse of your account. Therefore you must take steps to ensure that others do not gain access to your account without your authorisation. In addition, you must not use your account to breach security of another account or attempt to gain unauthorised access to another network or server. You may not attempt to interfere with any services to any user, host or network (including but not limited to “flooding” networks, deliberate attempts to overload a service and attempts to “crash” a host).
Neither party shall, without our prior consent, use the other party’s name or any language, pictures or symbols which could, in their reasonable judgment, imply a connection with the other’s identity in any:
(i) written or oral advertising or presentation; or
(ii) brochure, newsletter, book, or other written material of whatever nature.
8. Use Limitations
8.1 Nothing contained in this Agreement may be construed to convey to either party any interest, title, or licence in the intellectual property rights owned by the other party unless expressly permitted.
8.2 FORCE 10 HOSTING reserves the right to suspend the Service to you in the event it is used in a manner which:
(i) constitutes violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws);
(ii) is defamatory, fraudulent, obscene or deceptive;
(iii) is intended to threaten, harass or intimidate;
(iv) actually damages the name or reputation of FORCE 10 HOSTING
(v) interferes with other customers’ use and enjoyment of the Services provided by FORCE 10 HOSTING.
(vi) constitutes, promotes, facilitates of permits gambling
(vii) distributes, shares, or facilitates the distribution of unauthorized data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code (collectively, “Harmful Components”).
(viii) constitutes or facilitates the illegal export of any controlled or otherwise restricted items, including without limitation, software, algorithms, or other data that is subject to export laws.
8.3 You understand and agree that any attempt to break security, or to access an account which does not belong to you, shall be considered a material breach of this Agreement, and such breach may result in suspension or termination of the Service. You further agree to immediately notify FORCE 10 HOSTING of:
(i) any unauthorised use of your account; and/or
(ii) any breach, or attempted breach, of security known to you.
9. Force Majeure
Neither FORCE 10 HOSTING nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labour unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
10. Cancellation, Termination and Assignment
10.1 In the event of a ruling, regulation or order issued by a judicial, legislative or regulatory body causes FORCE 10 HOSTING to believe (having taken reasonable legal advice) that this Agreement and/or the Services provided hereunder, may be in conflict with such rules, regulations and orders, FORCE 10 HOSTING may suspend or terminate the Service, or terminate this Agreement, without liability.
10.2 Either party may terminate this Agreement on giving the other party two months written notice of its intention to terminate.
10.3 If you fail to pay any charge when due, including, but not limited to, installation charges or taxes, or if you fail to perform or observe any other material term or condition of this Agreement, or if you provide false or inaccurate information which is required for the provision of the Service or is necessary to allow FORCE 10 HOSTING to bill you for the Service, and such condition continues unremedied for thirty days, you shall be in default and FORCE 10 HOSTING may suspend or terminate the Service to you. If FORCE 10 HOSTING fails to perform or observe any other material, term or condition of this agreement, or if they provide false or inaccurate information which is required for the provision of this service and such condition continues unremedied for 30 days, FORCE 10 HOSTING shall be in default and you may suspend or terminate the service.
10.4 Either party may terminate this agreement in the event that the other party enters into liquidation (voluntary or otherwise) or has a receiver appointed over its assets or enters in to an arrangement with any of its creditors.
10.5 FORCE 10 HOSTING does not refund charges for unused Service. In the event you terminate the Service, you agree that there shall be no refund of charges and that charges shall be due and payable during any notice period. Refunds may be offered at the discretion of FORCE 10 HOSTING within the first 14 days of your acceptance of this agreement, should the service not be suitable for your requirements.
10.6 Neither party may assign this Agreement without the prior written consent of the other, such consent is not to be unreasonably withheld or delayed.
10.7 If either party terminates this Agreement in order to relocate to a third party service provider, FORCE 10 HOSTING shall provide reasonable assistance during such relocation provided that such assistance does not incur any costs for FORCE 10 HOSTING.
11.1 This Agreement shall be construed in accordance with the Laws of England and Wales and the parties agree to submit to the exclusive jurisdiction thereof.
11.2 Any notice or document (including invoices) to be given under this Agreement shall be given in writing either in person or by sending the same pre-paid letter to the address of the relevant party as notified above or as agreed between the parties from time to time. Any notice sent by post shall be deemed (in the absence of evidence of earlier receipt) to have been delivered three working days after posting and in proving posting it shall be sufficient to show that the envelope containing such notice was property addressed stamped and posted.
11.3 If any provision of this agreement should be declared invalid illegal or unenforceable in any respect it shall not impair the validity or enforceability of the remaining provisions unless the purpose of this agreement is substantially frustrated.
11.4 Each party in performing this Agreement is acting as an independent contractor and not as an employee or agent of the other and each party shall not assume any obligation of any kind whether express or implied on behalf of the other party or bind or commit the other party in any way.
Intl Domains (.com, .net, .biz, .info, .org)
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