Terms and Conditions
You indicate acceptance of these terms and
conditions of service by placing an order with Just 4 Hosting. These
terms and conditions will not be varied for individual customers.
1
DEFINITIONS
1.1 In this Agreement the following words and expressions shall have the following meanings:
1.1.1 "downtime" means any service interruption in the availability to visitors of the Website;
1.1.2 "intellectual property
rights" means
patents, trade marks, design rights, applications for any of the
foregoing, copyright, topography rights, database rights, rights in
know-how, trade or business names and other similar rights or
obligations, whether registrable or not in any country;
1.1.3 "Just 4 Hosting" means Just 4 Hosting
1.1.4 "IP address" stands for
internet protocol
address which is the numeric address for the server;
1.1.5
"ISP" stands for internet service provider;
1.1.6 "server" means the
computer server
equipment operated by Just 4 Hosting
in connection with the provision of
the Services;
1.1.7
"the Services" means web hosting, domain name registration,
email
and any other services or facilities provided by Just 4 Hosting.
1.1.8
"spam" means sending unsolicited and/or bulk emails;
1.1.9 "virus" means a computer
programme that
copies itself or is copied to other storage media, including without
limitation magnetic tape cassettes, memory chips, electronic
cartridges, optical discs and magnetic discs, and destroys, alters or
corrupts data, causes damage to the user's files or
creates a nuisance or annoyance to the user and includes
without limitation computer programs commonly referred to as
"worms" or "trojan horses";
1.1.10
"visitor" means a third party who has accessed the Website;
1.2
Product specifications and
details may be found at www.Just 4 Hosting.co.uk.
1.3
Words denoting the singular shall include the plural and vice
versa and words denoting any gender shall include all genders.
1.4
The headings of the paragraphs of this Agreement are inserted for
convenience of reference only and are not intended to be part of or to
affect the meaning or interpretation of this Agreement.
2
INTRODUCTION
2.1
The Customer wishes to provide Just 4 Hosting
with data that will
be hosted on Just 4 Hosting's
servers and made accessible via the
Internet.
2.2
Just 4 Hosting provides web
hosting services and has agreed to host the Customer's data upon the
following terms and conditions.
3
DUTIES
3.1
Just 4 Hosting shall provide
to the Customer the Services specified
in their order subject to the following terms and conditions.
3.2
The Customer shall deliver to Just 4 Hosting the
website and the software used in the website which is owned by the
Customer, or licensed to him by a third party or Just 4 Hosting ("the
Customer Software), in a format specified by Just 4 Hosting.
4
CHARGES,
PAYMENT AND MONEY-BACK GUARANTEE
4.1
Payment methods include credit cards (including MasterCard and
Visa), debit cards (including Switch/Maestro), direct debits bank transfers and cash.
4.2
Just 4 Hosting do not accept
cheques, postal orders or any other form of
payment other than those outlined in 4.1
4.3
The Charges are inclusive of VAT, which
if payable shall be paid by the Customer.
4.4
Just 4 Hosting
shall be entitled to charge interest in respect of late payment of any
sum due under this Agreement, which shall accrue from the date
when payment becomes due from day to day
until the
date of payment at a rate of 8% per annum above the base rate of the
Bank of England from time to time in force.
4.5
Just 4 Hosting do not provide
credit facilities.
4.6
From time to time Just 4 Hosting
may make enquiries on the
Customers company, proprietor or directors of the Customers company
with credit reference agencies. These
agencies may
record that a search has been made and share this information with
other businesses.
4.7
Refunds will only
be issued for yearly services that are cancelled before the end of the
year, on these conditions;
1 - 4
Weeks
50% of the total payment
2 - 4
Months
30% of the total payment
5 - 8
Months
15% of the total payment
9 - 12
Months
5% of the total payment
4.8
Should your chosen payment method fail Just 4 Hosting
will attempt to settle your invoice using any other payment facilities
available on your account.
4.9
All
services will renew until cancelled by the customer. Just 4 Hosting
emails the customers primary email address prior to renewal of
services, it is the customers responsibility to cancel services prior
to renewal as no refund can be made once renewal has occurred.
Customers must notify us at least 72 hours before a service is renewed
if they wish to cancel that service. The cancellation process must be
fully completed by you before your account is cancelled.
4.10 The prices shown on our website for all our services are based upon a monthly fee if you were to pay annually. Customer who wish to pay for their service monthly will incur an Administration Charge of £1.25 per month.
5
IP
ADDRESSES
5.1
Just 4 Hosting shall maintain
control and ownership of the IP
address that is assigned to the Customer as part of the Services and
reserves the right in its sole
discretion to change
or remove any and all IP addresses.
5.2
Where Just 4 Hosting
changes or removes any IP address it shall use
its reasonable endeavours to avoid any disruption to the Customer.
6
SOFTWARE
LICENCE AND RIGHTS
6.1
If the Customer requires use of software owned by or licensed to
Just 4 Hosting
("Just 4 Hosting's
software") in order to use the Services,
Just 4 Hosting
grants to the Customer and its
employees, agents and third party consultants and contractors, a
royalty-free, world-wide, non-transferable, non-exclusive licence to
use Just 4 Hosting
Software in object code form only, in accordance with
the terms of this Agreement. For the avoidance of
doubt, this Agreement does not transfer or grant to the
Customer
any right, title, interest or intellectual property rights in
Just 4 Hosting
Software.
6.2
In relation to
Just 4 Hosting's
obligations under this Agreement in connection with the
provision of the Services, the Customer grants to Just 4 Hosting a
royalty-free, world-wide, non-exclusive licence to use the Customer
Software and all text, graphics, logos, photographs, images, moving
images, sound, illustrations and other
material and
related documentation featured, displayed or used in or in relation to
the website ("the Content"). For the
avoidance of
doubt, this Agreement does not transfer or grant to Just 4 Hosting any
right, title, interest or intellectual property rights in the
Customer Software or the Content.
6.3
The Customer undertakes that he will not himself or through any
third party, sell, lease, license or sublicense Just 4 Hosting
Software.
6.4
Just 4 Hosting may make such
copies of the Customer Content as may
be necessary to perform its obligations under this Agreement, including
back up copies of the Content. Upon termination or expiration of this
Agreement, Just 4 Hosting
shall destroy all such copies of the Content
and other materials provided by the Customer as and when requested by
the Customer.
7
SERVICE
LEVELS AND DATA BACKUP
7.1
Just 4 Hosting shall use its
reasonable endeavours to
make the server and the Services available to the Customer 100% of the
time but because the Services are provided by means of computer and
telecommunications systems, Just 4 Hosting
makes no warranties or
representations that the Service will be uninterrupted or error-free
and Just 4 Hosting
shall not, in any event, be liable for interruptions
of Service or downtime of the server.
7.2
Just 4 Hosting
carries out data backups for use by Just 4 Hosting
in
the event of systems failure. Just 4 Hosting
do not provide data
restoration facilities for individual customers. Even though every
effort is made to ensure data is backed up correctly Just 4 Hosting
accepts no responsibility for data loss or corruption.
8
ACCEPTABLE USE POLICY
8.1
The website and use of the Services may be used for lawful
purposes only and the Customer may not submit, publish or display any
content that breaches any law, statute or regulation. In particular the
Customer agrees not to:
8.1.1
use the Services or the website in any way to send
unsolicited
commercial email or "spam", or any similar abuse of the Services;
8.1.2 send email or any type of
electronic
message with the intention or result of affecting the performance of
any computer facilities;
8.1.3 publish, post, distribute
or disseminate
defamatory, obscene, indecent or other unlawful material or
information, or any material or information which infringes any
intellectual property rights (for the avoidance of doubt this includes
licensed software distributed as Warez), via the Services or on the
Website;
8.1.4
threaten, abuse, disrupt or otherwise violate the rights
(including rights of privacy and publicity) of others;
8.1.5
engage in illegal or unlawful activities through the Services
or via the Website;
8.1.6 make available or upload
files to the
website or to the Services that the Customer knows contain a virus,
worm, trojan or corrupt data; or
8.1.7 obtain or attempt to
obtain access,
through whatever means, to areas of Just 4 Hosting's
network or the
Services which are identified as restricted or
confidential. This includes leaving your home directory
whilst
using SSH access to servers.
8.1.8
operate or attempt to operate IRC bots or other permanent
server processes.
8.2
The Customer has full responsibility for the content of the
Website. For the avoidance of doubt, Just 4 Hosting is not
obliged to
monitor, and will have no liability for, the content of any
communications transmitted by virtue of the Services.
8.3
If the Customer fails to comply with the Acceptable Use Policy
outlined in Clause 8.1 Just 4 Hosting
shall be entitled to withdraw the
Services and terminate the Customer's account without notice and no
refund.
9
ALTERATIONS AND UPDATES
All alterations and updates to the
website shall be made by the
Customer using the online account management facility, FTP access or
SSH access where available. The Customer will be issued with a user
name and password in order to access the account. The Customer must
take all reasonable steps to maintain the confidentiality of this user
name and password. If the Customer reasonably believes that this
information has become known to any
unauthorised
person, the Customer agrees to immediately inform Just 4 Hosting and the
password will be changed.
10
WARRANTIES
10.1
The Customer warrants and
represents to Just 4 Hosting
that
Just 4 Hosting's
use of the Content or the Customer Software in
accordance with this Agreement will not infringe the intellectual
property rights of any third party and that the Customer has the
authority to license the Content and the Customer Software to
Just 4 Hosting
as set out in Clause 6.2.
10.2
All conditions, terms,
representations and warranties that are
not expressly stated in this Agreement, whether oral or in writing or
whether imposed by statute or operation of law or otherwise, including,
without limitation, the implied warranty of satisfactory quality and
fitness for a particular purpose are hereby excluded. In particular and
without prejudice to that generality, Just 4 Hosting shall
not be liable
to the Customer as a result of any viruses introduced or passed on to
the Customer.
11
INDEMNITY
The Customer agrees to indemnify and
hold Just 4 Hosting
and its
employees and agents harmless from and against all liabilities, legal
fees, damages, losses, costs and other expenses in relation to any
claims or actions brought against Just 4 Hosting
arising out of any
breach by the Customer of the terms of this Agreement or other
liabilities arising out of or relating to the Website.
12
LIMITATION OF LIABILITY
12.1
Nothing in these terms and
conditions shall exclude or limit
Just 4 Hosting's
liability for death or personal injury resulting from
Just 4 Hosting's
negligence or that of its employees, agents or
sub-contractors.
12.2 The
entire liability
of Just 4 Hosting
to the Customer in respect of any claim whatsoever or
breach of this Agreement, whether or not arising out of negligence,
shall be limited to the charges paid for the Services under this
Agreement in respect of which the breach has arisen.
12.3
In no event shall Just 4 Hosting be
liable to the Customer for any
loss of business, loss of opportunity or loss of profits or for any
other indirect or consequential loss or damage whatsoever. This shall
apply even where such a loss was reasonably foreseeable or Just 4 Hosting
had been made aware of the possibility of the Customer incurring such a
loss.
13
TERM AND TERMINATION
13.1
This Agreement will become
effective on the date the service is
ordered and shall continue until terminated by either party in writing
of its intention to terminate the Agreement.
13.2
Just 4 Hosting shall have the right to terminate this
Agreement
with immediate effect by notice in writing to the Customer if the
Customer fails to make any payment when it becomes due.
13.3
Either party may terminate this Agreement forthwith by notice in
writing to the other if:
13.3.1 the other party commits
a material
breach of this Agreement and, in the case of a breach capable of being
remedied, fails to remedy it within a reasonable time of being given
written notice from the other party to do so; or
13.3.2 the other party commits
a material
breach of this Agreement which cannot be remedied under any
circumstances; or
13.3.3
the other party passes a resolution for winding up (other
than
for the purpose of solvent amalgamation or reconstruction), or a court
of competent jurisdiction makes an order to that effect; or
13.3.4 the other party ceases
to carry on its
business or substantially the whole of its business; or
13.3.5 the other party is
declared insolvent,
or convenes a meeting of or makes or proposes to make any arrangement
or composition with its creditors; or a liquidator, receiver,
administrative receiver, manager, trustee or similar officer is
appointed over any of its assets.
13.4 Any
rights to terminate this Agreement shall be without prejudice to any
other accrued rights and liabilities of the parties arising in any way
out of this Agreement as at the date of termination.
13.5 On
termination all data held in the customers account will be deleted.
14
ASSIGNMENT
14.1
Just 4 Hosting may assign or otherwise transfer this
Agreement at any time.
14.2
The Customer may not assign or
otherwise transfer this Agreement
or any part of it without Just 4 Hosting's
prior written consent.
15
FORCE MAJEURE
Neither party shall be liable for any
delay or failure to perform
any of its obligations if the delay or failure results from events or
circumstances outside its reasonable control, including but not limited
to acts of God, strikes, lock outs, accidents, war, fire, the act or
omission of government, highway authorities or any telecommunications
carrier, operator or administration or other competent authority, the
act or omission of any Internet Service
Provider, or
the delay or failure in manufacture, production, or supply by third
parties of equipment or services, and the party shall be entitled to a
reasonable extension of its obligations after notifying the other party
of the nature and extent of such events.
16
SEVERANCE
If any provision of this Agreement is
held invalid, illegal or
unenforceable for any reason by any Court of competent jurisdiction
such provision shall be severed and the
remainder of
the provisions hereof shall continue in full force and effect as if
this Agreement had been agreed with the invalid illegal or
unenforceable provision eliminated.
17
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 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 2 days following the date of posting.
18
ENTIRE AGREEMENT
This Agreement contains the entire
Agreement between the parties
relating to the subject matter and supersedes any previous agreements,
arrangements, undertakings or proposals, oral or written. This
Agreement may be updated without notice.
19
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and
construed in accordance
with the law of England and the parties hereby submit to the exclusive
jurisdiction of the English courts.
20
DOMAIN NAME REGISTRATION
20.1
Domain names are not deemed to
be successfully registered until
they appear in the relevant whois database of the top level domain name
registrar. In the event that a domain name is unavailable when we
attempt to register it Just 4 Hosting
will provide a full refund for that
domain name.
20.2
Please return to the
main terms and conditions area of this website to view terms and
conditions for individual domain name registrars.
21
SCRIPTING
Just 4 Hosting are not
responsible for customer programming issues
other than ensuring that programming languages such as Perl and PHP are installed and functioning on the web hosting system.
22
PRIVACY
To protect your privacy we will not
distribute your details to
third parties, unless required to do so by law.
23
DATA TRANSFER
23.1 Web
hosting accounts include a certain amount of data transfer,
if you exceed this amount in any one month your account will be
deactivated until you have upgraded to an account that has more data
transfer included.
23.2 Web
hosting
accounts are prohibited from hosting file distribution websites
(including but not limited to music, video and software), adult content
orientated websites, hosting banners, graphics or cgi scripts for other
websites, storing pages, files or data as a repository for other
websites or personal computers, giving away web space under a domain,
sub domain or directory.
24
SERVER USAGE
Should your account use more than 5% of
the servers processing
power and as a result have a detrimental effect on other customers we
will discuss with you alternative solutions for your hosting
requirements.
25
AFFILIATE PROGRAMME
Commission earned via the affiliate
programme will only be paid
by using a valid direct debit/credit mandate on your account. It is the
customers responsibility to ensure they have this facility. In the
event of the customer not being able to obtain this facility then no
commission will be paid.
26
EMAIL NEWSLETTER
Just 4 Hosting communicates with it's customers via email
and as
such you agree to receive by email our regular newsletter which
contains amongst other things changes to our terms and conditions,
notification of major outages, updates to our products &
features
and special offers.
Unlimited web space is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account.