The Legal Bits
Please make sure you read this !
30 Day Money Back Period
We provide a 30-day money back guarantee on all Web Hosting, Reseller Hosting, and VPS Hosting packages with the following conditions:
- Refunds are limited to one per customer (i.e. multiple services don’t qualify or multiple signups)
- Refunds exclude setup fee.
- Refunds do not include cost of additional services purchased such as domain registration, migrations, dedicated IPs, or other licenses (such as LiteSpeed for VPS).
- A written request must be submitted separately from the cancellation request within 31 days of cancellation.
- Refunds are sent within 31 days of receiving the refund request.
- Refunds are not granted to accounts closed for TOS or AUP violations.
- Quotes – Once you have accepted a quote we will invoice for the quote. This can not be cancelled and is classed as a B2B contract so B2C regulations under UK Law do not apply. You are responsible for payment of the invoice as by accepting the quote we class this as agreeing a contract between ourselves and you/your business. If you were quoted for a contract term e.g 12 months but want to pay monthly you are still required to pay for the full 12 months, either in full or monthly.
- Credit added by us is non refundable and can be used against future services.
- Added Funds are non refundable and can not be withdrawn. All fees are final.
Domain Registrations / Renewals
All domain name registrations and renewals are FINAL. Because we have to pay registry fees on our end we cannot process refunds for these transactions.
In the rare event your domain has a mis-spelling, please contact us AS SOON AS POSSIBLE so we can attempt to correct it.
We do NOT provide extensions on invoices here at UKBSS LTD.
All invoices should be paid on DUE DATE to avoid account suspension. Accounts not paid by the due date have a 15 day grace period before account is terminated. The Account will be Suspended 2 days after due date. These invoices are subjected to a 8% plus the bank of England’s base rate late fee that must be paid to reactivate the account.
We will make every attempt possible to contact you 24 hours prior to account termination. Once the account has been terminated ALL data including backups will be scrubbed from our servers. There is no recovering the data once the account is terminated.
Many of our web hosting, reseller hosting, and VPS hosting packages are discounted for first-time customers.
All packages will renew at the regular rate.
For the BEST possible pricing, we reward customers for signing up annually (12 months), biennial (24 months), and triennial (36 months).
On our website, prices are displayed reflecting the best possible rate.
Please review our Terms of Service:
Last Updated: 24/05/19
This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into UKBSS LTD’s Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms of Service. UKBSS LTD may modify this AUP at any time without notice.
The Services provided by UKBSS LTD may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. UKBSS LTD reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to an email from our abuse department within the specified time period in our email to you may result in the suspension or termination of the Services.
Customer Master Agreement
Domain Registration Agreement
Registrar Registrant Agreement for Domain Names
Customer Agreement for Domain Names
Customer Agreement for Web Services
Customer Agreement for Digital Certificates
Customer Hosting Product Agreement
Customer Agreement for Themes, Plugins, Logos
# Registrant shall further endeavour to familiarize themselves with the Registrants’ Benefits and Responsibilities applicable while registering gTLDs.
# Registrant is encouraged to refer to ICANN published Registrant Educational Materials.
Free Services / Promotions
Free Domains belong to UK Business Services & Software Ltd when a plan is canceled. You can buy your domain off UK Business Services & Software Ltd for a the fee advertised on our site. This will be waived if you have been with us for 2 years or more. If you pay monthly and had a free domain and cancel outside of the 30 day money back guarente you will be charged for the price of the doamin regardless of time with us..
Free SSL belong to UK Business Services & Software Ltd when a plan is canceled. This can not be transferd nor can it be used at another host. This is not us. The issuing body’s dont allow this.
UK Business Services & Software Ltd is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the UK Business Services & Software Ltd network.
You may not engage in illegal, abusive, or irresponsible behavior, including:
a) Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to UK Business Services & Software Ltd and its customers) without express authorization of the owner of the system or network;
b) monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
c) Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
d) Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
e) Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
f) Any conduct that is likely to result in retaliation against the UK Business Services & Software Ltd network.
g) Use of UK Business Services & Software Ltd’s network in a way that unreasonably interferes with UK Business Services & Software Ltd’s other customers use of the network
Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.
Infringement of Intellectual Property Rights.
Use of the Services to infringe upon another party’s intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.
If you believe that your intellectual property rights are being infringed upon, please email [email protected] For copyright infringement claims, UKBSS LTD follows the Digital Millennium Copyright Act (“DMCA”) notice and takedown procedures.
Using a shared account as a backup/storage device.
You may not use a shared hosting account as a backup/storage device with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Zero Tolerance Adult Content Policy
UKBSS LTD has a zero tolerance policy in effect for adult content. We do not allow any content considered “adult material” on our servers. This includes any type of media that may contain nudity, partial nudity, or anything else of adult nature determined in UKBSS LTD’s sole discretion. Violators of this policy will be immediately terminated without a refund. Additional prohibited content is outlined below:
Unacceptable material on our servers include without limitation:
- IRC Scripts/Bots
- IRCD (irc servers)
- Proxy Scripts/Anonymizers
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery/Gambling Sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Mailer Pro
- Push button mail scripts
- Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
- Tell A Friend Scripts
- Anonymous or Bulk SMS Gateways
- Bitcoin Miners
- PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)
Child Pornography Prohibited.
Content that is potentially harmful to minors, as determined in UKBSS LTD’s sole discretion, is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice.
Free Web Hosting Not Allowed For Resellers.
UKBSS LTD Resellers are not allowed to provide “free web hosting” services to their customers.
Other Prohibited Content.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service or this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Unacceptable Resource Usage
You may not:
Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
Run cron entries with intervals of less than fifteen (15) minutes.
Run any MySQL queries longer than fifteen (15) seconds. MySQL tables should be indexed appropriately.
Include the local file rather than the URL when using PHP, include functions for including a local file. Instead of including “http://yourdomain.com/include.php”), use “include.php”.
Force html to handle server-side code (like php and shtml) to help reduce usage.
The use of more than two hundred and fifty thousand (250,000) inodes on any shared or reseller account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds one hundred thousand (100,000) inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.
User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: “:fail: No such user here”.
Zero Tolerance Spam Policy
We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists,” purchased lists, and selling of lists will be treated as spam. We may terminate the account of any User who sends out spam with or without notice.
Websites advertised via spam (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
UKBSS LTD reserves the right to require changes or disable as necessary, any website, account, database, or other component that does not comply with our policies, or to make any such modifications in an emergency that we deem necessary at our sole discretion.
UKBSS LTD reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal at our sole discretion.
WHMCS Support Policy
Please note that our support technicians have not been trained on the WHMCS software outside of the initial installation. Troubleshooting issues should be addressed directly to WHMCS Reseller Support department at the following links:
Our team is able to offer WHMCS upgrades for £45. If you would like us to perform this, please open a new support ticket.
All websites hosted on UK and European servers are in accordance with UK and Or EU Law.
Websites hosted on UKBSS LTD’s servers in the U.S. are regulated by U.S. law. Accordingly, pursuant to Section 230(c) of the Communications Decency Act, UKBSS LTD’s policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a court, as evidenced by a court order. As a webhost, UKBSS LTD is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case in which a U.S. court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.
Your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency.
A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services. All abuse issues must be dealt with via trouble ticket/email and will receive a response within forty-eight (48) hours.
If you feel you have discovered a violation of our AUP please report it to: [email protected]
This Web Hosting Agreement is between UK Business Services & Software Ltd and the person/persons who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.
UK Business Services & Software Ltd agrees to provide the services stated for the price agreed at any given time. We do not miss lead customers with hidden costs unlike many other web hosting companies.
All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce store and or storage. If customers continue to go over we will do everything possible to fix the problem. We do hold to right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.
Renewal notices are emailed three days before the actual renew date in your account. If your using a credit card you will not have to worry about manuel payments. All accounts are set up on a pre-pay basis. If payment is not received within 1 day a 8.5% fee will be added. UK Business Services & Software Ltd reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (10 days) of e-mail notice or exceeding this time frame in any way is subject to termination. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notifie UK Business Services & Software Ltd to request for termination of services. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length unless cancelled before hand. There is no fee for cancelled accounts that have been paid for yearly. If you cancell an account on the monthly billing cycle UK Business Services & Software Ltd can not refund any payments made before.
All annual payments are non refundable once the 30 day money back guarantee has passed. The only time your annual plan will end is if your account does not comply with our terms of service/acceptable usage policy. Both monthly and annual payments are non-refundable if your account does not follow our terms of service/acceptable usage policy.
Free Domain services may incure addtional costs please refer to Acceptable Usage Policy
Cancellation and Early Termination
Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term.
Any attempt to undermine or cause harm to a server or customer of UK Business Services & Software Ltd is strictly prohibited.
UK Business Services & Software Ltd will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include ‘Internet scamming’ (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to UK Business Services & Software Ltd, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE – UK Business Services & Software Ltd has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by UK Business Services & Software Ltd to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS – All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.
Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Disk Space Abuse
UK Business Services & Software Ltd will be the sole arbiter as to what constitutes a violation of this provision. You are reponsable for monitoring your disk space usage. If you need extra disk space contact one of our staff and they will be happy to help out. You can also upgrade your hosting plan from inside your UK Business Services & Software Ltd client account.
The intention of UK Business Services & Software Ltd is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.
Traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. UK Business Services & Software Ltd will be the sole arbiter as to what constitutes a violation of this provision.
Customers agree to use our services under the Acceptable Usage Policy which is here by incorporated with this agreement. Customers agree that UK Business Services & Software Ltd hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of UK Business Services & Software Ltd notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with UK Business Services & Software Ltd reasonable investigation of any suspected violation of the AUP. In the event of a dispute between UK Business Services & Software Ltd and Customer regarding the interpretation of the AUP, UK Business Services & Software Ltd commercially reasonable interpretation of the AUP shall govern.
Customer represents and warrants to UK Business Services & Software Ltd that the information he, she or it has provided and will provide to UK Business Services & Software Ltd for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to UK Business Services & Software Ltd that he or she is at least 18 years of age. UK Business Services & Software Ltd may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.
UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements (‘SPAM’) are not allowed in e-mail, and will likely result in account cancelation. UK Business Services & Software Ltd takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (‘mail bombing’); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
NOTE – If YOU use the services of another provider to promote a website hosted by or through UK Business Services & Software Ltd (‘spamvertising’), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
99.99% UPTIME GUARANTEE
(1.) COVERAGE – This 99.99% uptime guarantee applies to any Customer in good financial standing with UK Business Services & Software Ltd at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT (‘SLA’) & SPECIFICATIONS – UK Business Services & Software Ltd endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime (‘unavailability’) is defined as 100% packet loss from UK Business Services & Software Ltd to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via UK Business Services & Software Ltd’s online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the UK Business Services & Software Ltd NOC.
UK Business Services & Software Ltd’s administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the UK Business Services & Software Ltd network.
(3a.) SHARED HOSTING CREDITS – In the event that YOUR website is unavailable for less than 100%, UK Business Services & Software Ltd will credit the following month’s service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.
– 95% to 99.9% – YOUR account will be credited 10% of your monthly hosting fee
– 90% to 94.9% – YOUR account will be credited 20% of your monthly hosting fee
– 89.9% or below – YOUR account will be credited 50% of your monthly hosting fee (3b.)
Credit shall not be provided to YOU in the event that you have any outage resulting from:
– scheduled maintenance as posted from time to time at UK Business Services & Software Ltd,
– your behavior or the performance or failure of your equipment, facilities or applications,
– circumstances beyond UK Business Services & Software Ltd’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
– YOU breaking any agreement policy in UK Business Services & Software Ltd’s ‘Terms & Conditions and AUP’ causing a machine to fail as a result.
TECHNICAL SUPPORT BOUNDARIES
UK Business Services & Software Ltd provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.
Unlike many hosting companies We do our best to help with scripts, templates and programing languages. However, under no circumstances is UK Business Services & Software Ltd obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously.
Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice.
Customer agrees to indemnify and hold harmless UK Business Services & Software Ltd, UK Business Services & Software Ltd’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS UK Business Services & Software Ltd AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH UK Business Services & Software Ltd’S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM UK Business Services & Software Ltd’S SERVER.
Disclaimer of Warranties
UK Business Services & Software Ltd does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law UK Business Services & Software Ltd disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an “As Is” basis.
Limitation of Damages
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of UK Business Services & Software Ltd and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.
Suspension of Services/Termination
Customer agrees that UK Business Services & Software Ltd may suspend services to Customer without notice and without liability if: (i) UK Business Services & Software Ltd reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) UK Business Services & Software Ltd reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay UK Business Services & Software Ltd reasonable reinstatement fee if service is UK Business Services & Software Ltd following a suspension of service under this subsection.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if UK Business Services & Software Ltd fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by UK Business Services & Software Ltd prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from UK Business Services & Software Ltd describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.
Request For Customer Information
Customer agrees that UK Business Services & Software Ltd may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that UK Business Services & Software Ltd believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Back Up Copy
Customer agrees to maintain a current copy of all content hosted by UK Business Services & Software Ltd not with standing any agreement by UK Business Services & Software Ltd to provide back up services.
Request For Restore Of Hosting Package
During any service term, customer may request up to one free restore for any reason of choice. If a customer should need to request a restore after this a $5 one time fee will be enforced.
Changes To UK Business Services & Software Ltd’s Network
Upgrades and other changes in UK Business Services & Software Ltd’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. UK Business Services & Software Ltd reserves the right to change its network in its commercially reasonable discretion, and UK Business Services & Software Ltd shall not be liable for any resulting harm to Customer.
Notices to UK Business Services & Software Ltd under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
UK Business Services & Software Ltd shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond UK Business Services & Software Ltd’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
The Agreement shall be governed by the laws of the State of Virginia, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on UK Business Services & Software Ltd unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without UK Business Services & Software Ltd’s prior written consent. UK Business Services & Software Ltd’s approval for assignment is contingent on the assignee meeting UK Business Services & Software Ltd’s credit approval criteria. UK Business Services & Software Ltd may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
All files stored on UK Business Services & Software Ltd’s servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.
CANCELATION OF SERVICE
UK Business Services & Software Ltd reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by UK Business Services & Software Ltd if we institutes our right of cancelation. Any violation of policies which results in extra costs billed to YOU.
PROMOTIONAL RATES & SPECIAL OFFERS
UK Business Services & Software Ltd may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not effect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
We have various special promotions that include a domain name. The cost of this domain name is usually covered by the first month’۪s payment. As a result of this our promotions are not refundable and are not covered by our 30-day money back guarantee.
Special promotions may be canceled in the first 14 days but may incure charges. £30 administration fee plus price of domain is deducted from annual plans this may vary by 20% dependent on the service you have. Monthly plans will be refunded in full.
Special promotions renew at normal price. This means that you will save more on annual pricing.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through UK Business Services & Software Ltd’s services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use UK Business Services & Software Ltd or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the UK Business Services & Software Ltd network. If YOU use a domain name in connection with UK Business Services & Software Ltd or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the UK Business Services & Software Ltd network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. UK Business Services & Software Ltd will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:
(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and
(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.
STATIC & DYNAMIC CONTENT CACHING
(i) grant to UK Business Services & Software Ltd a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by UK Business Services & Software Ltd under this Agreement and
(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party’s intellectual property rights.
IP ADDRESS OWNERSHIP
UK Business Services & Software Ltd shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by UK Business Services & Software Ltd. UK Business Services & Software Ltd reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
DOMAIN NAME REGISTRATION
YOU agree to pay UK Business Services & Software Ltd prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the UK Business Services & Software Ltd price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. UK Business Services & Software Ltd reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from UK Business Services & Software Ltd to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by UK Business Services & Software Ltd) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to UK Business Services & Software Ltd as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. UK Business Services & Software Ltd will reinstate YOUR domain name registration solely at UK Business Services & Software Ltd’s discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain registrar to UK Business Services & Software Ltd
YOU agree to pay UK Business Services & Software Ltd prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the UK Business Services & Software Ltd price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
– No response from the Registered Name Holder or Administrative Contact
– Domain name in Registrar Lock Status
– Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
UK Business Services & Software Ltd reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from UK Business Services & Software Ltd to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by UK Business Services & Software Ltd) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to UK Business Services & Software Ltd as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. UK Business Services & Software Ltd will reinstate YOUR domain name registration solely at UK Business Services & Software Ltd discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain away from UK Business Services & Software Ltd
UK Business Services & Software Ltd reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
– No response from the Registered Name Holder or Administrative Contact
– Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
– Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and UK Business Services & Software Ltd will not be held liable for the failure of a domain name transfer for any reason.
Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.
Website Design Services
Once a Website design quote has been accepted the full amount will be due. You can cancel a design project at anytime but you will still incur charges for any work started. If we complete a project and your not happy we will re-design your site until happy however payment will still be due at the point of first completion.
Website Base Only – If you are on a budget and we agreed to make you a base site then payment will be due in full upon installation. Site Files will not be handed over until payment has been made. Base meaning is a base so that you can carry on building the site afterwards, It is a partial mock-up of your site with some of your content. It does not mean a full fuctioning site.
We always chase non payment or breach of contract. We will also gain legal representation to have money owed returned to us. However we would rather deal with you in person. Late payment will Incur a 8% charge plus the bank of england base rate. Any legal charges will also be claimed for.
For full terms of website design please refer to your proposal sent to you when project was agreed.
If you are on a annual plan you will be liable to support charges for any additional work carried out after project completion. Rate is £20 per hour charged in 1 hour slots. You can avoid these costs by paying £12 per month for a support plan and this will include your hosting and domain costs. Management plan is limited to 2 hours support per month or you go on our pro support plan and pay £25 per month and get 5 Hours of code / design support. Plans do not include full redesigns or major works e.g. (But not limited to) You can not have different parts off your site done each month until you have a new site or system. Please ask us if your not sure your.
UK Business Services & Software Ltd reserves the right to refuse service to anyone. YOU may only use UK Business Services & Software Ltd server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United Kingdom, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: ‘Pirated Warez’, OGG, AVI, MPEG, ISO, ‘Hacker programs or archives’, ‘Copyrighted Digital Movie Copies (DIVX)’ and ‘Unlicensed MP3’. The designation of any materials as such described above is left entirely to the discretion of UK Business Services & Software Ltd management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that UK Business Services & Software Ltd may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Derbyshire, UK, and any dispute will be litigated or arbitrated in Derbyshire,UK. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Derbyshire courts. IN NO EVENT SHALL UK Business Services & Software Ltd’S MAXIMUM LIABILITY EXCEED ONE HUNDRED (£100.00) Pounds.
UK Business Services & Software Ltd follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.
Your privacy is very important to us, below explains the information we collect from you, what we do with that information and our information security policy.
What is GDPR and How Does it Affect Web Hosting Companies? Since online activity and storage of personal data are increasing day by day, there is a growing demand to protect the sensitive data of individuals from harm. The Council of the European Union was long waiting to tighten up data protection followed by serial data breaches by anonymous entities and big data managing companies. The General Data Protection Regulation (GDPR) is an answer from the Council to these growing demands and, aims to strengthen and unifies data protection for all individuals residing in the European Union (EU).
The new GDPR norms make any company that processes the data of individuals belonging to the European Union falls under the category of data processors. Since Web hosting companies also have direct access to personal data they are also liable to follow the strict regulations of GDPR.
The new norms of GDPR were long adapted on 27 April 2016 and will become enforceable from 25 May 2018. It will be sanctioned by the Council of the European Union and will supersede the 1995 Data Protection Directive (DPD) (Directive 95/46/EC). The council has given a two-year transition period for the enterprises to evolve from the current data protection system to a more transparent GDPR.
When you sign up for any of our services we will ask you to provide contact information for your convenience as well as legal reasons. This will include name, home address, e-mail addresses and payment details (credit or debit card and PayPal). If you need support our staff may need to know information to solve the problem such as operating system, browser software and editing software. When you visit this website we do record certain information using Google Analytics such as your location, browser version, ip address, screen resolution, operating system and flash support. This is so we can continue to provide the most convenient web site for all our visitors. Our website is protected by a Secure Sockets Layer (SSL) and verified by Equifax. This helps prevent eavesdropping on our website, just look for the padlock.
How Your Information Is Used
We will use your personal identifiable information in the following ways.
– For payment purposes and to provide convenient and targeted support.
– To contact you and announce special offers, general announcements and news. Please note you can opt out of receiving these emails at anytime by following the instructions at the bottom of the e-mail.
– To improve our service and the marketing of our service. This could include using your demographic location to improve targeting of our website and customise your visit.
We will NEVER provide your personally identifiable information to any persons other than A law enforcement or regulatory agency at their request, third parties who provide services on our behalf such as payment processing, only if they agree not to miss use this information.
We do not under any circumstances apart from the above give away or sell your information to any third parties.
Your personal information is safe with us, your information is safely encrypted using SSI. Our service is not available to anyone under the age of 13, never will we intentionally maintain information about anyone under the age of 13.
Upon using our free services, you may be requested to participate in our periodic internal surveys that are conducted by UK Business Services & Software Ltd to determine your personal interests. These surveys are strictly voluntary. The data collected through these surveys will only be used to improve our products and services and will never be sold to any third parties.
Communications From The Site
When we receive email, we use return email addresses to reply with the information requested. Such addresses are not used for any other purpose and are not shared with outside parties. When supplying contact information to UK Business Services & Software Ltd you can indicate your preference if you would like to be contacted to receive information and updates about our services by logging in to your UK Business Services & Software Ltd account, going to your member profile page and choose not to receive any further notification emails from us or other information pertaining to UK Business Services & Software Ltd. Information you submit to us will not be used for this purpose unless you indicate this as your preference. When supplying contact information to UK Business Services & Software Ltd you can indicate your preference on your members profile page to participate in the UK Business Services & Software Ltd newsletter. You will receive a confirmation email from us when placing an order on our site and paying through PayPal.
We provide you the opportunity to ‘opt-in’ and ‘opt-out’ of our newsletter at any time. Our newsletter is sent every month so it will certainly contain allot of useful information and any offers we may have. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them at any time.
Information Sharing and Disclosure
We collect information from our website visitors using Google Analytics. We use this information to better design our Web site and services. This information is never shared with any third party. We do not link aggregate user data with personally identifiable information.
Personally Identifiable Information
How You Can Access /Correct Your Information
You can access all your personally identifiable information that we collect by logging into your password-protected UK Business Services & Software Ltd account and selecting to update your ‘My Details’ We use this procedure to better safeguard your information. You can also correct factual errors in your personally identifiable information by sending us a request that credibly shows error. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
Specific Terms and Conditions
UK Business Services & Software Ltd considers email transmitted via our service to be the private correspondence between the sender and recipient. We will not monitor, edit or disclose the contents of a user`s private communications, except as required by law, to comply with legal process, if necessary to enforce the Service Agreement, to respond to claims that such contents violate the rights of third-parties, or to protect the rights or property of UK Business Services & Software Ltd. By using the service you agree that technical processing of email communications is and may be required to send and receive messages, to conform to the technical requirements of connecting networks, to conform to the limitations of the Service, or to conform to other, similar technical requirements. By using the service you acknowledge and agree that UK Business Services & Software Ltd do not endorse the content of any user communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however we have taken every step possible to make your information safe. This website is protected by Secure Sockets Layer (SSL) to protect your information. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
Links To Other Sites
This Web site contains links to other sites that are not owned or controlled by UK Business Services & Software Ltd. Please be aware that we, UK Business Services & Software Ltd are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies only to information collected by this Web site.
Changes To This Privacy Statement