GENERAL TERMS AND CONDITIONS OF WEBSITE HOSTING SERVICE

You indicate acceptance of these terms and conditions of service by placing an order with Manage My Hosting

These terms and conditions will not be varied for individual customers

1 DEFINITIONS

1.1 In this Agreement the following words and expressions shall have the following meanings :

1.1.1 "downtime" means any service interruption in the availability to visitors of the Website ;

1.1.2 "intellectual property rights" means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country ;

1.1.3 "Manage My Hosting" means Marcus Kerr trading as Manage My Hosting

1.1.4 "IP address" stands for internet protocol address which is the numeric address for the server ;

1.1.5 "ISP" stands for internet service provider ;

1.1.6 "server" means the computer server equipment operated by Manage My Hosting in connection with the provision of the Services ;

1.1.7 "the services" means web hosting, domain name registration, email and any other services or facilities provided by Manage My Hosting

1.1.8 "spam" means sending unsolicited and/or bulk emails ;

1.1.9 "virus" means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "trojan horses" ;

1.1.10 "visitor" means a third party who has accessed the Website ;

 

1.1.11  "google Ads" means the google Advertising Programmes

1.2 Product specifications and details may be found at www.manage-my-hosting.com

1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders

1.4 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement

2 INTRODUCTION

2.1 The customer wishes to provide Manage My Hosting with data that will be hosted on Manage My Hosting's servers and made accessible via the Internet

2.2 Manage My Hosting provides web hosting services and has agreed to host the customer's data upon the following terms and conditions

3 DUTIES

3.1 Manage My Hosting shall provide to the customer the services specified in their order subject to the following terms and conditions

3.2 The customer shall deliver to Manage My Hosting the website and the software used in the website which is owned by the customer, or licensed to him by a third party or Manage My Hosting ("the customer software), in a format specified by Manage My Hosting

4 CHARGES, PAYMENT AND MONEY-BACK GUARANTEE

4.1 Payment methods include cash, cheques, postal orders, bank transfers, and PayPal including credit cards (including MasterCard, Visa, and American Express) and debit cards (including Switch/Maestro, Solo, Delta, and VISA Electron)

 

4.1.1 Manage My Hosting shall not be liable for any external bank charges as a result of processing the accepted forms of payment. These must be paid by the customer before the payment commences. In the event the external bank charge is passed on to Manage My Hosting this cost will be deducted from any payment made and the customer will remain liable for any outstanding balance due

 

4.1.2 Manage My Hosting may charge for accepting and processing cheque payments. Customers are advised to contact Manage My Hosting prior to making such a payment so as to confirm if a charge applies

4.2 Manage My Hosting do not accept any other form of payment other than those outlined in 4.1

4.3 The charges are exempt of VAT, which if payable shall be paid by the customer

4.4 Manage My Hosting shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force

4.4.1 In the event of a website Hosting package expiring and the customer seeking to renew the package within 28 days once expired the process will incur an administration charge of £25.00

4.5 Manage My Hosting do not provide credit facilities

4.6 From time to time Manage My Hosting may make enquiries on the customers company, proprietor or directors of the customers company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses

4.7 Manage My Hosting provide "Money-Back Guarantees" on certain products. Should your product qualify for this guarantee please raise a support ticket at www.manage-my-hosting.com within 30 days of placing your order for a full refund. This guarantee excludes Domain Names and SSL Secure Socket Layer Certificates which may not be cancelled once ordered. Customers are limited to using the money-back guarantee once

4.8 Pro-rata refunds will not be issued for yearly services that are cancelled before the end of the year

4.9 Should the customers chosen payment method fail Manage My Hosting will attempt to settle your invoice using any other payment facilities available on your account

 

4.9.1 In the event of payment method failure incurring external bank charges to Manage My Hosting this cost will be deducted from any payment made and the customer will remain liable for any outstanding balance due


4.10 All services will cancel on expiry date until renewed by the customer. Manage My Hosting emails the customers primary email address prior to renewal of services, it is the customers responsibility to make payment to renew services prior to renewal as no refund can be made once renewal has occurred. Customers must notify us at least 72 hours before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by you before your account is cancelled
 

4.11 In the event of a Domain Name expiring and the customer seeking to renew the Domain Name within 28 days once expired this process will incur an administration charge of £25.00

 

4.12 In the event of a Domain Name expiring and the customer seeking to renew the Domain Name in excess of 28 days once expired a Domain Name Grace Period Redemption RGP fee may apply from the relevant Registrar, details for costs are available on request


5 IP ADDRESSES

5.1 Manage My Hosting shall maintain control and ownership of the IP address that is assigned to the customer as part of the services and reserves the right in its sole discretion to change or remove any and all IP addresses

5.2 Where Manage My Hosting changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the customer

6 SOFTWARE LICENCE AND RIGHTS

6.1 If the customer requires use of software owned by or licensed to Manage My Hosting ("Manage My Hosting software") in order to use the services, Manage My Hosting grants to the customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use Manage My Hosting Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the customer any right, title, interest or intellectual property rights in Manage My Hosting software

6.2 In relation to Manage My Hosting's obligations under this Agreement in connection with the provision of the Services, the customer grants to Manage My Hosting a royalty-free, world-wide, non-exclusive licence to use the customer software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to Manage My Hosting any right, title, interest or intellectual property rights in the customer software or the content

6.3 The customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense Manage My Hosting Software

6.4 Manage My Hosting may make such copies of the customer content as may be necessary to perform its obligations under this Agreement, including back up copies of the content. Upon termination or expiration of this Agreement, Manage My Hosting shall destroy all such copies of the content and other materials provided by the Customer as and when requested by the Customer

7 SERVICE LEVELS AND DATA BACKUP

7.1 Manage My Hosting shall use its reasonable endeavours to make the server and the services available to the customer 100% of the time but because the services are provided by means of computer and telecommunications systems, Manage My Hosting makes no warranties or representations that the service will be uninterrupted or error-free and Manage My Hosting shall not, in any event, be liable for interruptions of service or downtime of the server

7.2 Manage My Hosting carries out data backups for use by Manage My Hosting in the event of systems failure. Manage My Hosting do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Manage My Hosting accepts no responsibility for data loss or corruption

8 ACCEPTABLE USE POLICY

8.1 The website and use of the services may be used for lawful purposes only and the customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the customer agrees not to :

8.1.1 use the services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the services ;

8.1.2 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities ;

8.1.3 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website ;

8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others ;

8.1.5 engage in illegal or unlawful activities through the services or via the website ;

8.1.6 make available or upload files to the website or to the services that the customer knows contain a virus, worm, trojan or corrupt data ;

8.1.7 obtain or attempt to obtain access, through whatever means, to areas of Manage My Hosting's network or the services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers

8.1.8 operate or attempt to operate IRC bots or other permanent server processes

8.2 The customer has full responsibility for the content of the website. For the avoidance of doubt, Manage My Hosting is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the services

8.3 If the customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 Manage My Hosting shall be entitled to withdraw the Services and terminate the customer's account without notice

9 ALTERATIONS AND UPDATES

9.1 All alterations and updates to the website shall be made by the customer using the online account management facility, FTP access or SSH access where available. The customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the customer reasonably believes that this information has become known to any unauthorised person, the customer agrees to immediately inform Manage My Hosting and the password will be changed

9.2 Customers are encouraged to update and/or change the passwords on their account at regular intervals Where a customer does not update and/or change the password at regular intervals, with a minimum of once every six months, these may be updated and/or changed without notice

10 WARRANTIES

10.1 The customer warrants and represents to Manage My Hosting that Manage My Hosting's use of the content or the customer software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the customer has the authority to license the content and the customer software to Manage My Hosting as set out in Clause 6.2

10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Manage My Hosting shall not be liable to the Customer as a result of any viruses introduced or passed on to the customer

11 INDEMNITY

The customer agrees to indemnify and hold Manage My Hosting and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Manage My Hosting arising out of any breach by the customer of the terms of this Agreement or other liabilities arising out of or relating to the website

12 LIMITATION OF LIABILITY

12.1 Nothing in these terms and conditions shall exclude or limit Manage My Hosting's liability for death or personal injury resulting from Manage My Hosting's negligence or that of its employees, agents or sub-contractors

12.2 The entire liability of Manage My Hosting to the customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the services under this Agreement in respect of which the breach has arisen

12.3 In no event shall Manage My Hosting be liable to the customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Manage My Hosting had been made aware of the possibility of the customer incurring such a loss

13 TERM AND TERMINATION

13.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement

13.2 Manage My Hosting shall have the right to terminate this Agreement with immediate effect by notice in writing to the customer if the customer fails to make any payment when it becomes due

13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if :

13.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so ;

13.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances ;

13.3.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect ;

13.3.4 the other party ceases to carry on its business or substantially the whole of its business ;

13.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets

13.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination

13.5 On termination all data held in the customers account will be deleted

13.6 In the event of a website Hosting package expiring and 28 days passing the agreement will be deemed to be terminated and the data deleted in accordance with clause 13.5

14 ASSIGNMENT

14.1 Manage My Hosting may assign or otherwise transfer this Agreement at any time

14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without Manage My Hosting's prior written consent

15 FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events

16 SEVERANCE

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated

17 NOTICES

Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting

18 ENTIRE AGREEMENT

This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice

19 GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts

20 DOMAIN NAME REGISTRATION

20.1 Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it Manage My Hosting will provide a full refund for that domain name


20.2 When placing an order for a Domain Name, including new and transfers, you agree to the terms and conditions for individual Domain Name accredited registrars as listed below

123-REG [Discontinued, previous terms and conditions available on request]

Heart Internet [Discontinued, previous terms and conditions available on request]

Crucial Web Hosting Limited [Discontinued, previous terms and conditions available on request]

Internet.bs Corp

Net Earth One inc

21 SCRIPTING

Manage My Hosting are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system

22 PRIVACY

To protect your privacy we will not distribute your details to third parties, unless required to do so by law

23 DATA TRANSFER

23.1 Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included

23.2 Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory

24 SERVER USAGE

24.1 Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements

 

24.2 Should your account use more than 25% of the system resources for longer than 90 seconds your account may be temporarily unavailable or suspended

 

24.3 You may not run more than one cron entry with interval less than 15 minutes

25 AFFILIATE PROGRAMME

25.1 Customers may apply to join the Affiliate Program where there is at least one active product or service on the customers account

25.2 Earnings from the prevailing commission rates will only be made once the application has been approved

25.6 Links may be used in any reasonable manner, except unsolicited bulk email

25.3 Commission revenue is earned at the prevailing rates which can be found in the customers account or available on request

25.4 A referral is deemed to be a valid purchase of one eligible product and / or service within 90 days and continues to be active for a minimum of 90 days

25.5 Valid referrals remain locked for 30 days after the end of the month in which the revenue is earned


25.6 Commission balance will be made once the relevant threshold has been exceeded

25.7 Commission revenue earned via the affiliate programme will only be paid by credit balance payment on your account and may be used towards the renewal and / or purchase of products and / or services

 

25.8 Commission may not be earned on the purchases of your own products and / or services

25.9 The affiliate programme may be terminated at any time, earnings up to this point will be applied to the customers account

26 EMAIL NEWSLETTER

Manage My Hosting communicates with it's customers via email and as such you agree to receive by email our regular newsletter which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our products & features and special offers

27 WEBSPACE USAGE

Web space is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account

 

28 BANDWIDTH USAGE

 

Customers are allocated a monthly bandwidth allowance. In the event the account exceeds the allowance Manage My Hosting reserve the right to suspend the account until the start of the next allocation period, suspend the account until the customer upgrades to a higher level package, terminate the account, or charge an additional fee for the excess usage. Unused allowance from a previous allocation period may not be transferred to the current allocation period

 

29 CUSTOMER ACCOUNT SETUP

 

Customers will provide us with an email address which does not use any Domain Name on the account. It is the customers responsibility to ensure the email address on file is current and up to date at all times. Providing false contact information of any kind may result in account suspension or termination of your account. Such a suspension may be removed by providing at least two forms of recognised identification documents

 

30 RESELLERS

 

30.1 A Reseller package allows multiple products and / or services to be setup for your own and / or your customers use

30.2 Where a Reseller disables any product for 60 days we reserve the right to delete the disabled account

30.3 Cancelling or terminating the Reseller package will delete any and all data from the system. Notice must be sent to all customers served by the Reseller that this process is taking place with a copy sent to Manage My Hosting confirming this process has been completed. Failure to do so may result in the account holder remaining liable for any and all additional costs in dealing with directly affected customers of the Reseller

 

31 GOOGLE ADS ACCOUNT MANAGEMENT

 

31.1 Customers subscribing to this service will authorise Manage My Hosting to access the Google AdWords account

 

31.2 Customers will provide us with a valid username and password to access their account

 

31.3 Both parties agree to the google Terms of Service applicable at the time which may be found at google.com/policies/terms/

 

31.4 Manage My Hosting will not be held liable for any changes made to the settings within the google AdWords services, interface, settings, or performance

 

31.5 Manage My Hosting will not be held liable for any changes in advertising costs which are borne by the customer


32 PARTICULARS OF OWNERSHIP
(not required by section 4 of the Business Names Act 1985)
Marcus Kerr trading as Manage My Hosting
5 Braehead Road
Cumbernauld
North Lanarkshire
Scotland
G67 2BG
United Kingdom


version 9.1
24 October 2016