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Where the context admits: "We" includes
FreePageHosting 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. "Web Site" 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:
1. 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. Any administration charge paid by you to us shall be
non-refundable notwithstanding refusal by the naming authority to
register your desired name.
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.
1.4 We shall not release any domain to another provider unless full
payment for that domain has been received by us.
2. Web Site 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
Web Site 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 authorise or permit any other person to do so.
2.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious,
defamatory, obscene, pornographic, blasphemous, profane or otherwise
objectionable in any way.
(b) any material containing a virus or other hostile computer
program.
(c) any material which constitutes, or encourages the commission of,
a criminal offence 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.
2.3.3 you will not send bulk email whether opt-in or otherwise from
our network. Nor will you promote a site hosted on our network using
bulk email. accounts found not adhering to this policy will be
cancelled without refund.
2.3.4 you will not employ programs which consume excessive system
resources, including but not limited to processor cycles and memory.
2.3.5 any file you store on the Server will be reachable via a
hyperlink from a page on your site.
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, Adult or illegal MP3 content or allow links to any such
material.
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 unauthorised use of your
account or breach of security, including loss, theft or unauthorised
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 FreePageHosting must
comply with the rules appropriate for those other networks.
2.10 While we will use every reasonable endeavour to ensure the
integrity and security of the Server, we do not guarantee that the
Server will be free from unauthorised 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 The creation of additional accounts / virtual hosting is
strictly forbidden other than on our reseller accounts.
Free Hosting
Abuse of the terms and conditions will result in the cancellation of
your free hosting account but the domain name you have registered
and paid for would remain your property.
Refunds will be given at the discretion of the
Company Management
By using our service you agree
that FreePageHosting shall not be liable to you or your business for
any losses howsoever caused.
Top level
Domain names are registered through our
affiliate partners, Dotster.com and we have no control over their
terms & conditions and accept no liability should they elect to
change them. We offer
a 30 day unconditional money back guarantee on all new paid hosting
packages. We do not however offer refunds on account renewals, domain name
purchases or transfers because these costs are not recoverable by
ourselves.
3. Resellers
3.1 If you are or become a reseller of our Services you will
continue to be bound by these terms and conditions, you will be
responsible for ensuring that your customers are bound by terms and
conditions that adequately reflect and give effect to these.
3.2 As a reseller you must not falsely describe the services on
offer.
3.3 You shall not incur or purport to incur on our behalf any
liability nor in any way pledge or purport to pledge our credit or
to make any contract binding on us.
3.4 No default by your customers shall in any way affect, modify or
limit your obligations under this Agreement.
3.5 We authorise you to sell our services under your own brand for
the direct use of your clients only. You may not permit your clients
to resell the services you provide.
4. Service Availability
4.1 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.
4.2 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.
4.3 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.
5. Payment
5.1 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.
5.2 Payment is due each anniversary month,
quarter or year following the date the Services were established
until closure notice is given. If you choose to pay by credit or
debit card you authorise FreePageHosting to debit your account
renewal fees from your card.
5.3 All payments must be in UK Pounds Sterling $US or euro.
5.4 If your cheque is returned by the bank as unpaid for any reason,
you will be liable for a "returned cheque" charge of £25.
5.5 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.
6. Termination
6.1 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.
6.2 If you break any of these terms and conditions we may suspend
the Services and/or terminate this Agreement forthwith without
notice to you.
6.3 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.
6.4 No refunds will be made for Services suspended in accordance
with 6.1, 6.2 and 6.3.
6.5 We reserve the right to suspend the Services and/or terminate
this Agreement at any time. In the event of this You will be
entitled pro rata refund based upon the remaining period of
membership.
6.6 You may cancel the Services at any time.
6.7 During the first 30 days of Services, You are entitled to a
complete refund of all fees paid with the exclusion of domain name
registration, and transfer fees should You decide to cancel the
Services. You will not be entitled to a refund on this basis if you
have previously had an account with FreePageHosting. No full refunds
or pro rata refunds will be made after the first 30 days of service
should You decide to cancel the Services.
6.8 Where payment has been made by credit or debit card, any refund
will only be issued to the same credit or debit card.
6.9 On termination of this Agreement or suspension of the Services
we shall be entitled immediately to block your Web Site and to
remove all data located on it.
7. Indemnity
7.1 You shall indemnify us and keep us indemnified and hold us
harmless from and against any breach by you of these terms of
business and any claim brought against us by a third party resulting
from the provision of Services by us to you and your use of the
Services and the Server including, without limitation, all claims,
actions, proceedings, losses, liabilities, damages, costs, expenses
(including reasonable legal costs and expenses), howsoever suffered
or incurred by us in consequences of your breach or non-observance
of this Agreement.
8. Limitation Of Liability
8.1 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, subject always to sub clause
8.2.
8.2 Nothing in these terms and conditions shall exclude our
liability for death or personal injury resulting from our
negligence.
8.3 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.
8.4 In any event no claim shall be brought unless you have notified
us of the claim within one year of it arising.
8.5 In no event shall we 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.
9. Notices
9.1 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.
10. Law
10.1 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.
11. Headings
11.1 Headings are included in this Agreement for convenience only
and shall not affect the construction or interpretation of this
Agreement.
12. Entire Agreement
12.1 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. |