Terms & Conditions

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 are applicable to the initial purchase period and do not include renewals.
  • 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 written 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  • Added Funds are non refundable and can not be withdrawn.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.

Late Invoices

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 1 day(s) after due date. These invoices are subjected to a 8% plus the bank of England’s base rate late fee after 2 days 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.

Promotional Pricing

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

ThisAcceptable Use Policy (“AUP”) governs your use of the Services and isincorporated by reference into UKBSS.COM ’s Terms of Service. Unless otherwisestated, defined terms in this AUP have the meanings provided in the Terms ofService. UKBSS.COM may modify this AUP at any time without notice. UKBSS.COM willmean UKBSS.COM in this policy.

TheServices provided by UKBSS.COM may only be used for lawful purposes. You agreeto comply with all applicable laws, rules and regulations in connection withyour use of the Services. UKBSS.COM reserves the right to refuse service toanyone. Any material that in our judgment violates this AUP in any manner maybe removed from our servers (or otherwise disabled), with or without notice.Failure to respond to an email from our abuse department within the specifiedtime period in our email to you may result in the suspension or termination ofthe Services.

Customer Master Agreement
This is the main Customer Master agreement that would apply to you as ourCustomer. Apart from this Master Agreement, the following Product SpecificAgreements may also apply to you depending on the Products and Services you buy.

Domain Registration Agreement
This represents the Agreement between yourself and us for domain registration.

Registrar Registrant Agreement for Domain Names
This represents the Agreement between the Registrant (Owner) of a Domain Nameand the Registrar. If you register a domain name through us, this Agreementwill apply to the person whose information you filled in the Owner sectionduring the Registration process

Customer Agreement for Domain Names
This represents an addendum to the Customer Master Agreement between yourselfand us for Domain Registration

Customer Agreement for Web Services
This represents an addendum to the Customer Master Agreement between yourselfand us for Domain / Mail Forwarding and Managed DNS

Customer Agreement for Digital Certificates
This represents the Customer Agreement for Digital Certificates

Customer Hosting Product Agreement
This represents the Customer Agreement for Hosting

Customer Agreement for Themes, Plugins, Logos
This represents the Terms and Conditions, Privacy Policy and User LicenseAgreement for Themes, Plugins, Logos

# Registrant shall furtherendeavour to familiarize themselves with the Registrants’ Benefits andResponsibilities applicable while registering gTLDs.

# Registrant is encouraged torefer to ICANN published Registrant Educational Materials.

# Domain Name Deletion & Auto-Renewal Policy.

Free Services / Promotions

FreeDomains belong to UKBSS.COM when a plan is cancelled. You can buy your domainoff UK Business Services & Software Ltd for the fee advertised on our site.This will be waived if you have been with us for 2 years or more. If you paymonthly and had a free domain and cancel outside of the 30 day money backguarantee you will be charged for the price of the domain regardless of timewith us.

Free SSLbelong to UKBSS.COM when a plan is cancelled. This can not be transferred norcan it be used at another host. This is not us. The issuing body’s dont allowthis.

Disclaimer

UKBSS.COMis under no duty, and does not by this AUP undertake a duty, to monitor orpolice our customers’ activities and disclaims any responsibility for anymisuse of the UKBSS.COM network.

Internet Abuse

You maynot engage in illegal, abusive, or irresponsible behaviour, including:

a)Unauthorized access to or use of data, systems or networks, including anyattempt to probe, scan or test the vulnerability of a system or network or tobreach security or authentication measures (including those belonging to UKBSS.COMand its customers) without express authorization of the owner of the system ornetwork;
b) monitoring data or traffic on any network or system without theauthorization of the owner of the system or network;
c) Interference with service to any user, host or network including, withoutlimitation, mail bombing, flooding, deliberate attempts to overload a systemand 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 intoreleasing their passwords), password robbery, security hole scanning, and portscanning;
e) Forging of any TCP-IP packet header or any part of the header information inan e-mail or a newsgroup posting; or
f) Any conduct that is likely to result in retaliation against the UK BusinessServices & Software Ltd network.
g) Use of UK Business Services & Software Ltd’s network in a way thatunreasonably interferes with UK Business Services & Software Ltd’s othercustomers use of the network

Newsgroup, Chat Forums, Other Networks

You mustcomply with the rules and conventions for postings to any bulletin board, chatgroup or other forum in which you participate, such as IRC and USENET groupsincluding their rules for content and commercial postings. These groups usuallyprohibit the posting of off-topic commercial messages, or mass postings tomultiple forums.

Prohibited Uses

Infringementof Intellectual Property Rights.

Use ofthe Services to infringe upon another party’s intellectual property rights isprohibited. This includes, but is not limited to, the unauthorized copying ordistribution of movies, music, books, photographs, software/warez, or any othercopyrighted work. Selling or offering to sell any counterfeit merchandise willresult in the immediate termination of your account. Any account found to beinfringing on the intellectual property rights of others will be expeditiouslyremoved or access to the material will be disabled. Any account found to be inrepeated violation of this prohibition will be suspended or terminated.

If youbelieve that your intellectual property rights are being infringed upon, pleaseemail support@UKBSS.COM . For copyright infringement claims, UKBSS.COM followsthe Digital Millennium Copyright Act (“DMCA”) notice and takedown procedures.

Using ashared account as a backup/storage device.

You maynot use a shared hosting account as a backup/storage device with the exceptionof one cPanel backup of the same account. Please do not take backups of yourbackups.

Unacceptable Material

ZeroTolerance Adult Content Policy

UKBSS.COMhas a zero-tolerance policy in effect for adult content. We do not allow anycontent considered “adult material” on our servers. This includes any type ofmedia that may contain nudity, partial nudity, or anything else of adult naturedetermined in UKBSS.COM ’s sole discretion. Violators of this policy will beimmediately terminated without a refund. Additional prohibited content isoutlined below:

Unacceptablematerial on our servers includes without limitation:

  • Topsites
  • 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
  • MUDs/RPGs/PBBGs
  • 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)

ChildPornography Prohibited.

Contentthat is potentially harmful to minors, as determined in UKBSS.COM ’s solediscretion, is strictly forbidden, including but not limited to, childpornography or content perceived to be child pornography. Any website found tohost child pornography or linking to child pornography will be suspendedimmediately without notice.

Free WebHosting Not Allowed For Resellers.

UKBSS.COMResellers are not allowed to provide “free web hosting” services to theircustomers.

OtherProhibited Content.

Wereserve the right to refuse service to anyone. Any material that, in ourjudgment, is obscene, threatening, illegal, or violates our Terms of Service orthis AUP in any manner may be removed from our servers (or otherwise disabled),with or without notice.

Unacceptable Resource Usage

You maynot:

Usetwenty-five percent (25%) or more of our system resources for longer thanninety (90) seconds at a time. Activities that could cause this excessive use,include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.

Runstand-alone, unattended server-side processes at any point in time on theserver. This includes any and all daemons, such as IRCD.

Run anytype of web spider or indexer (including Google Cash / AdSpy) on shared servers.

Run anysoftware that interfaces with an IRC (Internet Relay Chat) network.

Run anybit torrent application, tracker, or client. You may link to legal torrentsoff-site, but may not host or store them on our shared servers.

Participatein any file-sharing/peer-to-peer activities

Run anygaming servers such as counter-strike, half-life, battlefield1942, etc.

Run cronentries with intervals of less than fifteen (15) minutes.

Run anyMySQL queries longer than fifteen (15) seconds. MySQL tables should be indexedappropriately.

Includethe local file rather than the URL when using PHP, include functions forincluding a local file. Instead of including “http://yourdomain.com/include.php”),use “include.php”.

Forcehtml to handle server-side code (like php and shtml) to help reduce usage.

INODES.

The useof more than two hundred and fifty thousand (250,000) inodes on any shared orreseller account may result in a warning, and if no action is taken to reducethe excessive use of inodes, your account may be suspended. If an accountexceeds one hundred thousand (100,000) inodes it will be automatically removedfrom our backup system to avoid over-usage, however, databases will still bebacked 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.

Useraccounts that constantly create and delete large numbers of files on a regularbasis, have hundreds of thousands of files, or cause file system damage may beflagged for review and/or suspension. The primary cause of excessive inodes istypically due to Users leaving their catchall address enabled, but neverchecking their primary account mailbox. Over time, tens of thousands ofmessages (or more) build up, eventually pushing the account past an acceptableamount 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 azero tolerance stance against the sending of unsolicited e-mail, bulk emailing,and spam. “Safe lists,” purchased lists, and selling of lists will be treatedas spam. We may terminate the account of any User who sends out spam with orwithout notice.

Websitesadvertised via spam (Spamvertised) may not be hosted on our servers. Thisprovision includes, but is not limited to, spam sent via fax, phone, postalmail, email, instant messaging, or usenet/newsgroups. No organization or entitylisted in the ROKSO may be hosted on our servers. Any User account whichresults in our IP space being blacklisted will be immediately suspended and/orterminated.

UKBSS.COMreserves 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 oursole discretion.

UKBSS.COMreserves the right to charge the holder of the account used to send anyunsolicited e-mail a cleanup fee or any charges incurred for blacklist removalat our sole discretion.

WHMCS Support Policy

Pleasenote that our support technicians have not been trained on the WHMCS softwareoutside of the initial installation. Troubleshooting issues should be addresseddirectly to WHMCS Reseller Support department at the following links:

Documentation:https://www.whmcs.com/reseller-support/

TicketDesk: https://www.whmcs.com/members/submitticket.php?step=2&deptid=13

Our teamis able to offer WHMCS upgrades for £45. If you would like us to perform this,please open a new support ticket.

Defamation Policy

Allwebsites hosted on UK and European servers are in accordance with UK and Or EULaw.

Websiteshosted on UKBSS.COM ’s servers in the U.S. are regulated by U.S. law.Accordingly, pursuant to Section 230(c) of the Communications Decency Act, UKBSS.COM’s policy is not to remove allegedly defamatory material from websites hostedon our servers unless the material has been found to be defamatory by a court,as evidenced by a court order. As a webhost, UKBSS.COM is not a publisher ofUser content and we are not in a position to investigate the veracity ofindividual defamation claims. We rely on the legal system and the courts todetermine whether or not material is indeed defamatory. In any case in which acourt order indicates that material is defamatory, libelous, or slanderous innature, we will disable access to the material. Similarly, in any case in whicha U.S. court has placed an injunction against specified content or materialbeing made available, we will comply and remove or disable access to thematerial in question.

AUP Violations

YourServices may be terminated with or without notice upon any violation of thisAUP. If applicable, violations will be reported to the appropriate lawenforcement agency.

A failureto 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 ortermination of your Services. All abuse issues must be dealt with via troubleticket/email and will receive a response within forty-eight (48) hours.

If youfeel you have discovered a violation of our AUP please report it to: support@UKBSS.COM

 

This Web Hosting Agreement is between UK Business Servers & 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.

Services

UK Business Servers & 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.

Terms

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.

Payments

Renewal notices are emailed three days minimum before the actual renew date in your account. If your using a credit card you will not have to worry about manual payments. All accounts are set up on a pre-pay basis. If payment is not received within 2 days a 8% plus the Bank of England's base rate fee will be added. UK Business Servers & 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 (7 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 notify UK Business Servers & 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 beforehand. There is no fee for cancelled accounts that have been paid for yearly. If you cancel an account on the monthly billing cycle UK Business Servers & Software Ltd cannot 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 incur additional 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.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of UK Business Servers & Software Ltd is strictly prohibited.

UK Business Servers & 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 Servers & 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 outlinedbelow.

YOU may not run IRC, bots, IOS Apps, Android Apps 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 Servers & Software Ltd to be unacceptable use of our services including abuse of server resources.

WEBAPPLICATIONS 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 Servers & Software Ltd will be the sole arbiter as to what constitutes a violation of this provision. You are responsible 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 Servers & Software Ltd client account.

Bandwidth Abuse

The intention of UK Business Servers & Software Ltd is to provide a large bandwidth to transfer web documents, and not an off site 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 Servers & Software Ltd will be the sole arbiters to what constitutes a violation of this provision.

AUP

Customers agree to use our services under the Acceptable Usage Policy which is here by incorporated with this agreement. Customers agree that UK Business Servers& Software Ltd hold the right to change their AUP at any time to meet webhosting standards and laws. Amendments to the AUP are effective on the earlier of UK Business Servers & 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 Servers &Software Ltd reasonable investigation of any suspected violation of the AUP. In the event of a dispute between UK Business Servers & Software Ltd and Customer regarding the interpretation of the AUP, UK Business Servers &Software Ltd commercially reasonable interpretation of the AUP shall govern.

Customer Information

Customer represents and warrants to UK Business Servers & Software Ltd that the information he, she or it has provided and will provide to UK Business Servers & Software Ltd for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to UK Business Servers & Software Ltd that he or she is at least 18 years of age.UK Business Servers & 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 Servers & 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 Servers & 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 Servers & Software Ltd at the time of a service outage.

(2.)SERVICE LEVEL AGREEMENT (‘SLA’) & SPECIFICATIONS – UK Business Servers& Software Ltd endeavours 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 Servers & Software Ltd to its backbone providers. Downtime is measured past 10minutes 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 Servers& 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 Servers & Software Ltd network.

(3a.)SHARED HOSTING CREDITS – In the event that YOUR website is unavailable for less than 100%, UK Business Servers & Software Ltd will credit the followingmonth’s service fee as follows. YOUR credit shall be retroactive and measuredin 24 hours a day of a calendar month, with the maximum credit not exceeding50% of the monthly service charge for the affected month.

– 95% to99.9% – 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 behaviour 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 labour 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 Servers & 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 programming languages. However, under no circumstances is UK Business Servers & 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.

CGI SCRIPTS

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.

Indemnification

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 AGREETO DEFEND,INDEMNIFY AND HOLD HARMLESS UK Business Servers & Software Ltd AGAINSTLIABILITIES ARISING OF:

(1) ANYINJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISEDISTRIBUTED IN CONNECTION WITH UK Business Services & Software Ltd.’s SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ONTHE 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 Servers & 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 Servers & 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.

Not withstanding anything else in the agreement to the contrary, the maximum aggregate liability of UK Business Servers & 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 Servers & Software Ltd may suspend services toCustomer without notice and without liability if: (i) UK Business Servers & Software Ltd reasonably believes that the services are being used in violationof the AUP; (ii) Customer fails to cooperate with any reasonable investigationof any suspected violation of the AUP; (iii) UK Business Servers & SoftwareLtd reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcementor regulatory agency. Customer shall pay UK Business Servers & Software Ltd reasonable reinstatement fee if service is UK Business Servers & 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 Servers & Software Ltd fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure thefailure within ten (10) days of Customer’s written notice describing the failurein reasonable detail. The Agreement may be terminated by UK Business Servers& Software Ltd prior to the expiration of the Initial Term or any RenewalTerm 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 theAgreement; (ii) Customer materially violates any other provision of theAgreement, including the AUP, and fails to cure the violation within thirty(30) days of a written notice from UK Business Servers & Software Ltd describingthe violation in reasonable detail; (iii) upon one (1) days notice ifCustomer’s Service is used in violation of a material term of the AUP more thanonce, or (iv) upon one (1) days notice if Customer violates Section 5 (CustomerInformation) 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 Servers & 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 Servers & 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 Servers & Software Ltd not with standing any agreement by UK Business Servers & 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 & SoftwareLtd’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 serviceproviders, may affect the display or operation of Customer’s hosted contentand/or applications. UK Business Servers & Software Ltd reserves the rightto change its network in its commercially reasonable discretion, and UK Business Servers & Software Ltd shall not be liable for any resulting harmto Customer.

Notices

Noticesto UK Business Servers & Software Ltd under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Noticesto Customer shall be given via electronic mail to the individual listed as thePrimary Customer Contact on the Order. Notices are deemed received on the daytransmitted, 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 addressby a notice given in accordance with this Section.

Force Majored

UKBusiness Servers & Software Ltd shall not be in default of any obligationunder the Agreement if the failure to perform the obligation is due to anyevent beyond UK Business Services & Software Ltd’s control, including,without limitation, significant failure of a portion of the power grid, significantfailure of the Internet, natural disaster, war, riot, insurrection, epidemic,strikes or other organized labour action, terrorist activity, or other eventsof a magnitude or type for which precautions are not generally taken in theindustry.

Governing/Law Disputes

TheAgreement shall be governed by the laws of the State of Virginia, exclusive ofits choice of law principles, and the laws of the United States of America, asapplicable. The Agreement shall not be governed by the United Nations Conventionon the International Sale of Goods.

Miscellaneous

Eachparty acknowledges and agrees that the other party retains exclusive ownershipand rights in its trademarks, service marks, trade secrets, inventions,copyrights, and other intellectual property. Neither party may use the otherparty’s name or trade mark without the other party’s prior written consent. Theparties intend for their relationship to be that of independent contractors andnot a partnership, joint venture, or employer/employee. Neither party willrepresent itself to be agent of the other. Each party acknowledges that it hasno power or authority to bind the other on any agreement and that it will notrepresent to any person that it has such power or authority. This Agreement maybe amended only by a formal written agreement signed by both parties. The termson Customer’s purchase order or other business forms are not binding on UKBusiness Servers & Software Ltd unless they are expressly incorporated intoa formal written agreement signed by both parties. A party’s failure or delayin enforcing any provision of the Agreement will not be deemed a waiver of thatparty’s rights with respect to that provision or any other provision of theAgreement. A party’s waiver of any of its right under the Agreement is not awaiver of any of its other rights with respect to a prior, contemporaneous orfuture occurrence, whether similar in nature or not. The captions in theAgreement are not part of the Agreement, but are for the convenience of theparties. The following provisions will survive expiration or termination of theAgreement: Fees, indemnity obligations, provisions limiting liability anddisclaiming warranties, provisions regarding ownership of intellectualproperty, these miscellaneous provisions, and other provisions that by theirnature are intended to survive termination of the Agreement. There are no thirdparty beneficiaries to the Agreement. Neither insurers nor the customers ofresellers are third party beneficiaries to the Agreement. Customer may nottransfer the Agreement without UK Business Services & Software Ltd’s priorwritten consent. UK Business Services & Software Ltd’s approval forassignment is contingent on the assignee meeting UK Business Services &Software Ltd’s credit approval criteria. UK Business Servers & Software Ltdmay assign the Agreement in whole or in part. This Agreement together with theOrder and AUP constitutes the complete and exclusive agreement between theparties regarding its subject matter and supersedes and replace any priorunderstanding or communication, written or oral.

Copyright Files

All filesstored on UK Business Services & Software Ltd’s servers must belegally-owned and be accompanied with a valid license and/or copyright. Thisinclude 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, thefiles will be subjected to deletion.

CANCELATION OF SERVICE

UKBusiness Servers & Software Ltd reserves the right to cancel a service atany time. All fees paid in advance of cancellation will be pro-rated and paidby UK Business Servers & Software Ltd if we institutes our right ofcancelation. Any violation of policies which results in extra costs billed toYOU.

PROMOTIONAL RATES & SPECIAL OFFERS

UKBusiness Servers & Software Ltd may offer subsequent promotional rates orspecial offers, the terms of which may or may not be more favorable than theterms and conditions for YOUR Services. Any such promotions or modificationsshall not effect YOUR obligations under this Agreement. Promotional fees may besubject to additional terms and conditions which, to the extent they conflictwith the terms of this Agreement, shall govern. Different promotional fees andspecial offers may not be combined together.

We havevarious special promotions that include a domain name. The cost of this domainname is usually covered by the first month’۪s payment. As a result of this ourpromotions are not refundable and are not covered by our 30-day money backguarantee.

Specialpromotions may be canceled in the first 14 days but may incure charges. £30administration fee plus price of domain is deducted from annual plans this mayvary by 20% dependent on the service you have. Monthly plans will be refundedin full.

Specialpromotions renew at normal price. This means that you will save more on annualpricing.

INTELLECTUAL PROPERTY RIGHTS

Materialaccessible to you through UK Business Services & Software Ltd’s servicesmay 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 UKBusiness Servers & Software Ltd or its servers and network in a manner thatwould infringe, violate, dilute or misappropriate any such rights, with respectto any material that you access or receive through the UK Business Servers& Software Ltd network. If YOU use a domain name in connection with UKBusiness Servers & Software Ltd or similar service, YOU must not use thatdomain name in violation of any trademark, service mark, or similar rights ofany third party.

NETWORK SECURITY

Customersmay not use the UK Business Servers & Software Ltd network with an attemptto 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 ofweakness, or violation of any other organization’s security policy. YOU may notattempt to interfere or deny service to any user, host, or network. Thisincludes, but is not limited to, flooding, mail bombing, or other deliberateattempts to overload or crash a host or network. UK Business Servers &Software Ltd will cooperate fully with investigations for violations of systemsor network security at other sites, including cooperating with law enforcementauthorities in the investigation of suspected criminal violations. Users whoviolate system or network security may incur criminal or civil liability.

ELECTRONIC COMMERCE

YOU willbe solely responsible for the development, operation and maintenance of YOURonline store and products along with all content and materials appearing onlineor on YOUR products, including without limitation:

(a.) theaccuracy and appropriateness of content and materials appearing within thestore or related to YOUR products,
(b.) ensuring that the content and materials appearing within the store orrelated to YOUR products do not violate or infringe upon the rights of anythird party, and
(c.) ensuring that the content and materials appearing within the store orrelated to YOUR products are not libelous or otherwise illegal. YOU will besolely responsible for the final calculation and application of shipping andsales tax. YOU will also be solely responsible for accepting, processing, andfilling any customer orders, and for handling any customer inquiries orcomplaints arising there from.

YOU arealso responsible for the security of any customer credit card numbers andrelated customer information YOU may access as a result of conductingelectronic commerce transactions through YOUR website. YOU will keep all suchinformation confidential and will use the same degree of care and security asYOU use with your confidential information.

STATIC & DYNAMIC CONTENT CACHING

YOUexpressly

(i) grantto UK Business Servers & Software Ltd a license to cache the entirety ofYOUR website, including content supplied by third parties, hosted by UKBusiness Servers & Software Ltd under this Agreement and
(ii) agree that such caching is not an infringement of any of YOUR intellectualproperty rights or any third party’s intellectual property rights.

IP ADDRESS OWNERSHIP

UKBusiness Servers & Software Ltd shall maintain and control ownership of allIP numbers and addresses that may be assigned to YOU by UK Business Services& Software Ltd. UK Business Servers & Software Ltd reserves, in itssole discretion, the right to change or remove any and all such IP numbers andaddresses.

DOMAIN NAME REGISTRATION

YOU agreeto pay UK Business Servers & Software Ltd prior to the effectiveness of thedesired domain name registration, the then-current amount set forth in the UKBusiness Servers & Software Ltd price schedule for the initial registrationof the domain name and, should YOU choose to renew the registration, subsequentrenewals of the registration. All fees are non-refundable, in whole or in part,even if YOUR domain name registration is suspended, canceled or transferredprior to the end of YOUR then current registration term. UK Business Servers& Software Ltd reserves the right to change fees, surcharges, renewal feesor 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 receiveactual payment of the registration fee, and have confirmed YOUR registration inan email from UK Business Servers & Software Ltd to the email addressindicated in YOUR registration application. In the event of a chargeback by acredit card company (or similar action by another payment provider allowed byUK Business Services & Software Ltd) in connection with the payments of theregistration fee for YOUR domain name registration, YOU agrees and acknowledgesthat the domain name registration shall be transferred to UK Business Servers& Software Ltd as the paying entity for that registration to the registryand that we reserve all rights regarding such domain name including, withoutlimitation, the right to make the domain name available to other parties forpurchase. UK Business Servers & Software Ltd will reinstate YOUR domainname registration solely at UK Business Services & Software Ltd’sdiscretion, and subject to our receipt of the initial registration or renewalfee and our then-current reinstatement fee.

Transferdomain registrar to UK Business Services & Software Ltd

YOU agreeto pay UK Business Servers & Software Ltd prior to the effectiveness of thedesired domain name transfer request, the then-current amount set forth in the UKBusiness Servers & Software Ltd price schedule for the initial transferrequest of the domain name. YOU agree and acknowledge that the domain nametransfer will fail, and all fees are non-refundable, for the following reasons,but not limited to:

– Noresponse from the Registered Name Holder or Administrative Contact
– Domain name in Registrar Lock Status
– Domain name registration period time expires or other constraints, other thanduring the first 60 days of initial registration or during the first 60 daysafter a registrar transfer

UKBusiness Servers & 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 registeredunless and until we receive actual payment of the registration fee, and haveconfirmed YOUR registration in an email from UK Business Servers & SoftwareLtd to the email address indicated in YOUR registration application. In theevent of a chargeback by a credit card company (or similar action by anotherpayment provider allowed by UK Business Services & Software Ltd) inconnection with the payments of the registration fee for YOUR domain nameregistration, YOU agrees and acknowledges that the domain name registration shallbe transferred to UK Business Servers & Software Ltd as the paying entityfor that registration to the registry and that we reserve all rights regardingsuch domain name including, without limitation, the right to make the domainname available to other parties for purchase. UK Business Servers &Software Ltd will reinstate YOUR domain name registration solely at UK BusinessServers & Software Ltd discretion, and subject to our receipt of theinitial registration or renewal fee and our then-current reinstatement fee.

Transferdomain away from UK Business Services & Software Ltd

UKBusiness Servers & Software Ltd reserves all rights, without limitation, toreject the domain name transfer request for the following reasons, but notlimited to:

– No responsefrom the Registered Name Holder or Administrative Contact
– Domain name in Registrar Lock Status and there is no request from RegisteredName Holder or Administrative Contact for the status change
– Domain name registration period time will be expiring in less than 60 days orother constraints, other than during the first 60 days of initial registrationor during the first 60 days after a registrar transfer

YOU agreeand acknowledge that the failure or success of a domain name transfer will behis/her sole responsibility, and UK Business Servers & Software Ltd willnot be held liable for the failure of a domain name transfer for any reason.

Domainregistrations are non-refundable. Please do not purchase the domain name untilyou are certain that it is exactly what you would like to buy.

FreeDomains

Website Design Services

Once aWebsite design quote has been accepted the full amount will be due. You cancancel a design project at anytime but you will still incur charges for anywork started. If we complete a project and your not happy we will re-designyour site until happy however payment will still be due at the point of firstcompletion.

WebsiteBase Only – If you are on a budget and we agreed to make you a base site thenpayment will be due in full upon installation. Site Files will not be handedover until payment has been made. Base meaning is a base so that you can carryon building the site afterwards, It is a partial mock-up of your site with someof your content. It does not mean a full fuctioning site.

We alwayschase non payment or breach of contract. We will also gain legal representationto have money owed returned to us. However we would rather deal with you inperson. Late payment will Incur a 8% charge plus the bank of england base rate.Any legal charges will also be claimed for.

For fullterms of website design please refer to your proposal sent to you when projectwas agreed.

If youare on a annual plan you will be liable to support charges for any additionalwork carried out after project completion. Rate is £20 per hour charged in 1hour slots. You can avoid these costs by paying £12 per month for a supportplan and this will include your hosting and domain costs. Management plan islimited 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 includefull redesigns or major works e.g. (But not limited to) You can not havedifferent parts off your site done each month until you have a new site or system.Please ask us if your not sure your.

LAWFUL PURPOSE

UKBusiness Servers & Software Ltd reserves the right to refuse service toanyone. YOU may only use UK Business Servers & Software Ltd server forlawful purposes and our services may not be used for illegal purposes or insupport of illegal activities. We reserve the right to cooperate with legalauthorities and/or injured third parties in the investigation of any suspectedcrime or civil wrongdoing. If anything is not legal in the United Kingdom, itis not permitted to reside on our servers. Transmission, distribution or storageof 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 properauthorization, and material that is obscene, defamatory, constitutes an illegalthreat, or violates export control laws. Examples of non-acceptable content orlinks: ‘Pirated Warez’, OGG, AVI, MPEG, ISO, ‘Hacker programs or archives’,‘Copyrighted Digital Movie Copies (DIVX)’ and ‘Unlicensed MP3’. The designationof any materials as such described above is left entirely to the discretion of UKBusiness Servers & Software Ltd management.

Ifillegal content or usage is found, the account will be suspended and/orterminated. YOU agree that UK Business Servers & Software Ltd may discloseany and all YOUR information including assigned IP numbers, account history,account use, etc. to any law enforcement agent who makes a written requestwithout further consent or notification.

Regardlessof the place of signing this agreement, YOU agree that for purposes of venuethis contract is entered in Derbyshire, UK, and any dispute will be litigatedor arbitrated in Derbyshire,UK. Defendants further waive all objections tovenue and acknowledge that venue in any such litigation will be held inDerbyshire courts. IN NO EVENT SHALL UK Business Services & Software Ltd’SMAXIMUM LIABILITY EXCEED ONE HUNDRED (£100.00) Pounds.

PRIVACY STATEMENT

UK Business Servers & Software Ltd follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.