1.8.2 Laws Hosting Liability
1.8.3 Customer Obligations
1.8.5 General Conditions
1.8.6 Traffic Usage
1.8.7 Server Abuse
1.8.8 Server Resources
1.8.10 Refusal of Service
1.8.11 Fraud Process
1.8.12 Backups of Servers
1.9.2 Payment Surcharge Fees
1.9.3 Service Fees
1.9.6 Money Back Guarantee
1.9.7 Cancellation Requests
1.9.8 Account Deactivations
1.9.9 Cancellations Refunds
1.9.12 Account Activations
1.9.13 Server Uptime Guarantee
1.9.14 Amendment of Service
Revision date: 17/09/2016
Application of conditions
(i) The Conditions shall apply to any Contract between Laws Hosting and the Customer for the provision of Services and shall prevail over any inconsistent terms or conditions submitted by the Customer or implied by law, trade custom, practice or course of dealing.
(ii) Laws Hosting shall be entitled to amend the Conditions at any time by giving notice to the Customer at least 30 days before the changes take effect, such notice to be given by email or by notification on Laws Hosting’s website. Upon receipt of such notice, the Customer shall be entitled to terminate the Contract with effect from the date of the notice, such termination to be notified to the Supplier no later than 30 days from the date of the notice (time being of the essence). The Customer shall not be entitled to any refund of the fees and shall remain liable for any fees previously due. Failure to give such notice of termination shall be deemed acceptance of the new Conditions. Any renewal of the Services shall be subject to the Supplier’s Conditions current at the date of renewal.
(iii) The Order constitutes an offer by the Customer to purchase the Services specified in the Order.
(iiii) Laws Hosting shall send the following emails to the Customer at the Customer's email address specified in the Order: a) a first email acknowledging receipt of the Order; b) a second email confirming acceptance of the Order and that the payment of the fees have been received by the Supplier; c) a third email containing any Keywords necessary to enable the Customer to gain access to the Services; d) a fourth email containing an invoice for the Services.
(i) Laws Hosting shall perform the Services with reasonable care and skill and in accordance with best industry practice but shall not be liable for downtime caused by routine or emergency maintenance by the Supplier or occasioned by third parties.
(ii) Laws Hosting reserves the right at any time and from time to time to amend, improve or correct the Services, Software and/or Hardware provided that such modification does not materially affect the Services, Software and/or Hardware (and any part thereof). This includes the right to substitute Hardware with hardware of similar specification, where necessary. The Supplier shall give reasonable notice of such modification by email.
(iii) Laws Hosting shall process the Customer’s personal data in compliance with the Data Protection Act 1998 and the Supplier's privacy and Security Policy. The Customer hereby consents to such processing of such personal data for the purpose of the provision of the Services.
(i) Laws Hosting shall have no liability to the Customer under the Contract if it is prevented from, or delayed in, performing its obligations under the Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, failure of power supply, or default of suppliers or sub-contractors (“Force Majeure Event”).
(ii) If the Force Majeure Event prevails for a continuous period of more than 30 days, any party may terminate the Contract by giving written notice to the other party. Such termination shall be without prejudice to the rights of the parties in respect of any breach of the Contract occurring prior to such termination.
(iii) Laws Hosting shall have no liability to the Customer under the Contract if Laws Hosting's performance of its obligations under the Contract is prevented or delayed by any act, omission, fault or negligence of the Customer or the Customer's agents, sub-contractors or employees, and in particular due to: a)Damage to the Customer's equipment, software or telecommunications links; b)Wrongful use of the Software, including by the Customer or the Customer's clients, or non-compliance with any operating instructions given by Laws Hosting; c)Disclosure, unlawful or fraudulent use of the Keywords; d) Fault, negligence or omission by a third party not connected to Laws Hosting; e) Issue by a competent authority of an order which is binding on Laws Hosting and which affect the Services; f) Total or partial loss of the material and/or data uploaded due to an error by the Customer; or g) Incompatibility of the Software with any of the Customer's equipment, software or telecommunications links.
(i) The Customer warrants that: a) it has the power and authority to enter into and perform its obligations under the Contract. b) it has received all relevant information and advice from the Supplier before placing the Order and that it has satisfied itself that the Services shall be suitable for its particular needs. c) its use of the Services will not infringe any third party intellectual property or other rights.
(ii) The Customer shall: a) not knowingly use the Services, Software, and/or Hardware or allow them to be used for any unlawful purpose or to send SPAM or for the publication, linking to, issue or display of any unlawful material (which shall include without limit any pirated software or any material which is obscene, pornographic, threatening, malicious, harmful, abusive, defamatory or which breaches the rights of any third party or which is or encourages criminal acts or contains any virus, worm, trojan horse or other harmful code) whether under English law or regulation, the laws or regulations of the Customer's country or any other place where the results of such purpose or such material can be accessed; b) not knowingly use the Services, Software and/or Hardware or allow them to be used for the publication, linking to, issue or display of any material which in the absolute discretion of Laws Hosting may harm the Supplier or any of its clients or bring Laws Hosting into disrepute or may call into question any action taken by the Supplier on the Customer's behalf; c) not provide any technical or other information obtained from Laws Hosting and/or relating to the Services, these Conditions or the Contract to any person, company, firm or government which the Customer knows or ought reasonably to be aware may directly or indirectly lead to a breach of any relevant law or regulation; d) not knowingly use the Services, Software and/or Hardware or allow them to be used in breach of the Laws Hosting's Acceptable Use Policy, which can be found below, and shall bring it to the attention of the Customer's authorised users; e) provide Laws Hosting with accurate contact details, bank details and email address, and shall promptly notify Laws Hosting of any changes by email; f) comply with Laws Hosting's reasonable instructions and requests concerning the Services; g) immediately notify Laws Hosting by email if it becomes aware of any unauthorised use of all or any of the Services, Software and/or Hardware; h) ensure that all Keywords are at all times kept confidential, used properly and not disclosed to unauthorised people and if the Customer has any reason to believe that any Keyword has become known to someone not authorized to use it or if any Keyword is being or is likely to be used in an unauthorized way or the Customer is aware of any other breach of security then the Client shall inform Laws Hosting immediately. For the avoidance of doubt, the Customer shall be solely responsible for any unauthorised and/or fraudulent use of the Keywords whether such unauthorised and/or fraudulent use is due to its agents', sub-contractors' or employees' fault, omission or negligence. Any change of Keywords, at the Customer's request, will be charged to the Customer on a time-and-material basis. i) inform Laws Hosting promptly in the event of any actual or suspected security breaches in connection with the Services; j) provide in a timely manner such information as Laws Hosting may request, and ensure that such information is accurate in all material respects; k) ensure that it has all necessary consents, permissions and licenses to make use of the Services including without limit registration under the Data Protection Act 1998; l) use the Services in a manner consistent with any and all applicable laws and regulations including but not limited to the Data Protection Act 1998; m) maintain appropriate insurance cover in respect of its liability arising out of or connected with this Contract with a reputable insurance company.
(iii) The Customer shall indemnify Laws Hosting against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by Laws Hosting arising out of or in connection with any act of negligence, default, or wilful misconduct by the Customer, failure by the Customer to comply with its obligations under this Contract or any use made by the Customer of the Services.
Tools and documentation provided by Laws Hosting:
Laws Hosting provides the Customer with a set of tools and documentation available on the website. This page also contains contact information which the Customer can use to contact Laws Hosting's staff. Laws Hosting provides the Customer with the following on the Website: A knowledgebase for better understanding and use of the Service; Communication tools that show the condition of Laws Hosting's facilities; Interfaces to show Laws Hosting's real-time network status; Contact details for technical assistance; An Incident ticket system;
(i) In the event of an Incident, the Customer shall, in the first instance, consult Laws Hosting's Service Status page, and perform the technical tests suggested by Laws Hosting in our knowledgebase.
(ii) In the event that the technical tests suggested above fail to resolve the Incident encountered, the Customer may report the Incident to Laws Hosting by submitting an incident ticket within your client area.
(iii) You allow Laws Hosting's Support Staff to log into your web account if and when needed.
(iii) Laws Hosting does not offer technical support over the telephone.
Virtual Private Servers Technical support
In addition to the above, our VPS' are Self-Managed, meaning, with a self-managed VPS you are responsible for managing and what you put on your VPS. Laws Hosting are only responsible for the VPS hardware; and Network availibility.
If you need us to install software for you on your VPS, we offer this service for £50, just open a support ticket with your requirements and we will respond within 24 hours.
Fees and payments
(i) The fees for the Services shall be set out in Laws Hosting's price list as amended from time to time, the current version of which is available at www.laws-hosting.co.uk. The total fees for the Services shall be confirmed by Laws Hosting, and shall be payable in Pounds Sterling.
(ii) Laws Hosting shall be entitled to vary its price list at any time by giving notice to the Customer at least 30 days before the new price list is to come into effect, such notice to be given by email or by notification on Laws Hosting's website. Upon receipt of such notice, the Customer shall be entitled to terminate the Contract with effect from the date of the notice, such termination to be notified to Laws Hosting no later than 30 days from the date of the notice (time being of the essence). Failure to give such notice of termination shall be deemed acceptance of Laws Hosting's new price list.
(iii) The Customer shall pay the fees upon placing the Order, and at the interval(s) specified therein and upon renewal of the Services by credit or debit card, or by bank transfer. All fees shall be non-refundable unless you're within the 30 (thirty) day money back guarantee, or otherwise stated.
(iiii) Laws Hosting shall provide the Services upon receipt of the fees in full and clear funds by the Customer. Laws Hosting shall acknowledge receipt of the payment and inform the Customer of the commencement date of the Services. Such commencement date shall be an estimate only and Laws Hosting shall not be liable to the Customer for any delay.
(iiii) Without prejudice to any other right or remedy that Laws Hosting may have, if the Customer fails to pay Laws Hosting on the due date Laws Hosting may: a) charge interest on such sum from the due date for payment at the statutory rate for the time being applicable under the Late Payment of Commercial Debts (Interest) Act 1998, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgement; b) suspend all Services until payment has been made in full; c) declare that all sums due by the Customer under any contract with Laws Hosting are immediately payable; and d) refuse to enter into any further contract with the Customer for the provision of any services by Laws Hosting.
(iiiii) Time for payment shall be of the essence of the Contract.
(iiiiii) All payments payable to Laws Hosting under the Contract shall become due immediately on termination of the Contract, despite any other provision. This condition is without prejudice to any right to claim for interest under the law, or any such right under the Contract.
(iiiiiii) Laws Hosting may, without prejudice to any other rights it may have, set off any liability of the Customer to Laws Hosting against any liability of Laws Hosting to the Customer.
(iiiiiiii) The Customer may not dispute any fees and/or Services unless they notify such dispute to Laws Hosting by email at email@example.com within 30 days from the Order.
(iiiiiiiii) Laws Hosting now offers billing support over the telephone - eg. card payments (see Payment Surcharge Fees)
Limitation of Services
(i) Laws Hosting acknowledges that given the nature of the Internet and the fluctuation of the bandwidth, the Services provided by Laws Hosting may be subject to variation. (ii) Laws Hosting shall be entitled to restrict or suspend the Services if: a) the Customer uses the Services for an activity which contravenes the principles contained in the Acceptable Use Policy; b) the Customer commits any serious or persistent breach of any of its obligations; c) an order which is binding on Laws Hosting is issued by a competent authority; d) Laws Hosting wishes to carry out routine or emergency maintenance, repair or upgrade to the Services; or e) this is permitted under any Special Conditions applicable to the Services.
All services provided by Laws Hosting ("Laws Hosting") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United Kingdom city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Laws Hosting from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to Laws Hosting' servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
Hacker programs or archives;
Warez sites; Illegal MP3 files; Extreme and illegal pornographic material; IRC Servers or Bouncers
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A £25.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, LAWS HOSTING WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
In these special conditions, the terms defined in the general conditions shall have the same meanings and the following terms shall have the following meanings unless the context otherwise requires:
Content: the text, information, image, audio or video material and other data placed on the server by or on behalf of the customer, including data which the customer permits third parties to place on the server.
Hosting Services: the hosting of the website on a communal server with other customers of Laws Hosting, who collectively share the resources and space available on this server.
Website: the customer's website(s) to be hosted on the server (including all data on such website(s) which is necessary for the publication and exchange of information via the Internet).
2. Laws Hosting's liability
2.1 Laws Hosting shall have no liability to the customers under the contract in the event of:
(a) termination of the hosting services under condition 5.4;
(b) any act, omission, fault or negligence of a third party not connected to the Laws Hosting, and in particular any unauthorised access to the website or the content;
(c) any act of piracy, viruses, worms, trojan horses or other harmful codes that affect or may affect the server, the website and/or the provision of the hosting services;
(d) any actual or suspected security breaches in connection with the hosting services;
(e) any loss following the uploading of the website to another server or IT system;
(f) any modification (or attempted modification) any software by the customer or a third party not authorised by Laws Hosting;
(g) any loss caused by the operation or non-operation, use or non-use of the website or its content;
(h) downtime caused by routine or emergency maintenance, repair or upgrade to the hosting services provided that, if such maintenance, repair or upgrade requires the hosting services to be restricted or suspended, Laws Hosting shall use reasonable endeavours to notify the customer by email as soon as reasonably practicable in advance of the likely duration of such restriction or suspension and shall endeavour to resume the hosting services as soon as reasonably practicable;
(i) any interruption, partial or total failure of the hosting services due to any variation of the bandwidth or any failure of Laws Hosting's ISP.
2.2 If Laws Hosting detects that the security or integrity of the website has been compromised, Laws Hosting shall inform the customer by email that the content must be re-installed, and Laws Hosting shall be entitled to protect the integrity of the server by disconnecting the website, or VPS, from the Internet until the website has been reinstated. The customer shall be responsible for reinstalling the website content. Laws Hosting's sole responsibility shall be to reconnect the website to the internet once it has been reinstated.
2.3 For security reasons, the operation of Internet Relay Chat services from the VPS (including without limitation bots, proxy, bouncer, etc.) is refused in Laws Hosting's absolute discretion.
5. Customer's obligations
5.1 The customer shall be solely responsible for:
(a) any loss or damage to the customer's website or VPS, and shall put in place appropriate insurance cover to cover the risk of any such loss or damage. The customer may not claim any reimbursement, replacement, or compensation from Laws Hosting in any circumstances;
(b) uploading the website content onto the server and checking that it functions satisfactorily. Laws Hosting shall not be responsible for any failure of the customer to upload the website content correctly, and shall not be responsible for providing support in relation to the control and operation of the website content;
(c) the website content, for the conception or development of the website, and for the customer's equipment, systems or software necessary for the management of the website. Laws Hosting shall have no obligation to validate or vet the website content for usability, legality, content or correctness and shall not, in any event, be liable towards the customer or any third party for any loss arising from or in connection with the website content;
(d) complying with all applicable laws and regulations concerning the website content, including (without limitation) for ensuring that the website contains all information concerning the customer, its products and the conduct of its
business which are required.
(e) making regular backups of the website content on any website from time to time, along side Laws Hosting's own backups.
(f) It is your responsibility to provide us with an email address which is not associated with any of the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times.
5.2 The customer shall use its best endeavours to ensure that all website, or VPS, content does
not contain any viruses and/or other harmful code.
5.3 If the customer wishes to use CGI/PHP/MYSQL scripts and/or other executable programs on the website, the customer undertakes to make reasonable use of such scripts and/or programs.
5.4 If, in Laws Hosting's opinion, the use of such scripts and/or executable programs is unreasonable or excessive and/or affects or may affect the server or the provision of the hosting services generally, Laws Hosting shall send a warning email to the customer. The customer shall acknowledge receipt of such email by return and shall inform Laws Hosting of the reason for such use. Laws Hosting reserves the right to suspend the hosting services without further notice if the customer does not provide an explanation which is satisfactory to Laws Hosting within 12 hours of receipt.
5.5 For the purpose of Conditions 5.3 and 5.4 above, Laws Hosting will take into account the following criteria in deciding whether the use is unreasonable or excessive:
(a) number of web requests per day (html, php, cgi, jpg, gif and others);
(b) use of the central processing unit;
(c) use of the RAM;
(d) access by a server sql by 10 simultaneous connections (request/session) only (Laws Hosting recommends to have short connections and to close them after use);
(e) for any other reasons which in Laws Hosting's sole discretion may damage the IT systems.
5.6 Unless the customer's use of the scripts or programs by the customer is grossly
excessive or has caused or is likely to cause damage to the website of one of Laws Hosting's
other customers, Laws Hosting shall endeavour to give reasonable notice to the customer of
such suspension by email.
5.7 The customer acknowledges that unreasonable or excessive use of any CGI/PHP/MYSQL scripts or other executable programs is incompatible with the nature of hosting services;
5.8 The customer shall not send any SPAM and acknowledges Laws Hosting may install on the server software to prevent the use of SPAM by its customers. Any failure to comply with this obligation entitles Laws Hosting to suspend the hosting services either temporarily or permanently depending on the seriousness of the breach.
5.9. If the customer runs a mailing list, and the email addresses are being bounced back, it is the customer's responsibility to remove these email addresses in a timely manner. Failure to do so will result in closing the customers account within 48 hours.
5.10. You may not use Laws Hosting shared servers as a backup system (local backups, remote site backups, etc.).
6.2 Laws Hosting shall be entitled to terminate the hosting services for its own convenience at any time and without incurring any liability by giving 30 (thirty) days notice to the customer.
6.3 Laws Hosting shall be entitled to suspend the hosting services without incurring any liability if the customer commits a breach of condition 5 of these conditions.
6.4 Laws Hosting shall be entitled to erase the website content and any material uploaded on the server 30 days after the invoice date or forthwith upon the termination of the contract for any other reason whatsoever without incurring any liability towards the customer.
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill £1.00 for each megabyte of traffic exceeded within the 24 hours. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.
Any attempt to undermine or cause harm to a server or customer of Laws Hosting is strictly prohibited. As our customer you are responsible for all your accounts, shared and VPS. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund. This includes bandwidth, and if we believe someone is abusing the system, impacting the ability for other customer's websites, or VPS's to function to our high speed standards, we have the right to suspend your website(s), VPS('s) and account. You must also make sure that any scripts you host are safe and kept up to date from known exploits, and we will repair any break-in's if we feel it is a need. We do have a vast amount of security for known php scripts exploits on our shared servers. Please note, we have the right to suspend any account that fails to comply to our Terms of Services..
Any website, or VPS, that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level. Any account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Sending unsolicited bulk and/or commercial messages over the Internet ("spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Laws Hosting's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a Laws Hosting server, and selling or distributing software (on a web site residing on a Laws Hosting server) that facilitates spamming. Violators will be assessed a minimum fine of £150 and will face immediate suspension. Laws Hosting reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. Domains registered with us will be disabled and will be owned by Laws Hosting for the remainder of the registraition length.
If you have a VPS, you must not have an open relay mail server. If we detect that a VPS is running an open relay, it will be shut down.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion. All sub-networks, distributive hosting sites and the servers of Laws Hosting must adhere to the above policies, with the exception of system resources in respect to the servers.
We use rigorous dynamic fraud detection procedures upon our order form, and if any of our checks get triggered, orders will not be completed. We do this to prevent abuse to our services. If you order VPSes (Virtual Pivate Server) with us, we have the right to ask for identification dcocuments to back up your order and the personal details you provided us.
Backups of Servers
Shared servers: We back these servers up every night, so you have a peace of mind about your websites being restored should there be an unfortunate incident. Although we back up all accounts, clients should still make a regular backup of their accounts, ideally externaly.
Virtual Private Servers: As these are self managed, meaning the clients are responsible of the whole server, we do not back up each VPS. We recommend our clients to make backups of their files in their VPS on a regular basis. We will not be responsible if our main Node obtains an unfortunate fault that affects clients VPS
(1) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Laws Hosting by no later than the specified payment due date. Laws Hosting shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis, or yearly if you opted for this option. All credit cards are billed automatically on a monthly basis if you have an account with PayPal and a subscription. If you have no Paypal account, you will need to pay by card by telephone or via PayPal - no account is needed. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another account number within 48 hours. If we do not receive a response within 48 hours, the account, and all accounts under that account plan, will be suspended.
Payments are to be made in GBP.
Laws Hosting accepts the following types of payment:
* Credit & Debit Cards (VISA, MasterCard, American Express, via PayPal or Visa/Delta/Electron, Mastercard/Eurocard, American Express, Solo/Maestro via Telephone - a 2.9% surcharge on telephone payments);
* Direct Debit;
* Bank Transfer;
* PayPal; or
* Cheque - We do not officially accept cheques, however, if a cheque is really necessary, please make them out to "Mr P Laws", quoting the invoice number on the back. Please note that there will be a £1.50 fee on top if you wish to send us a cheque. Also note that we will need to let cheques clear before any provisioning or re-enabling accounts.
If you have signed up a Direct Debit with us, you need to pay your first invoice by another method. This is due to the fact that Direct Debits take up to 4 to 5 working days to set up, there are two concerning issues:
All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. You are responsible for directly updating, or notifying Laws Hosting, of any changes to your client account.
Customers not paying by credit card agree to make payment of their balance due within fourteen (14) days of the invoice date.
Invoices will be sent fourteen (14) days before the due date, and then three (3), six (6), and nine (9) days thereafter. If the invoice is not paid within one (1) day after the due date, accounts will be automatically suspended until payment is received. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees..
Payment Surcharge Fees
Customers paying by credit/debit card via telephone will be charged a 2.9% surcharge fee on top of invoices. Customers paying by cheque, note that there will be a £1.50 fee on top.
Certain services carry a setup fee charged by Laws Hosting to the client, which must be paid by the client in order to have use of said services. If the client terminates this agreement, the client shall be responsible for any and all outstanding fees owed to Laws Hosting and agrees to pay any and all fees incurred by the client. Because the services are provided on a monthly and yearly basis, the client will be responsible for service fees incurred each month or year, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
Domain Registration and Fees
All domain, registration, transfers and renewals fees are stated on our domain page. All minimum domain registrations and renewal lengths are 1 year, unless stated. All domain names are registered through PublicDomainRegistry which is our Reseller Registrar. If you wish to transfer your current domain to us, you'll first need to obtain your domain's "Transfer Auth Code" (also known as: "Transfer Secret" or "EPP Auth Code") from your current registrar. UK domains are transferable, please see this article for more details.
OBLIGATIONS OF THE REGISTRANT
(1) The Registrant agrees to provide, maintain and update, current, complete and accurate information of the Whois Record and all the data elements about the order in database during the term of the order. Registrant agrees that provision of inaccurate or unreliable information, and/or Registrant's failure to promptly update information, or non-receipt of a response for over five (5) calendar days to inquiries sent to the email address of the Registrant or any other contact listed for the Order in the database concerning the accuracy of contact information associated with the Order shall be constituted as a breach of this Agreement and a basis for freezing, suspending, or deleting that order.
(2) The Registrant acknowledges that in the event of any dispute and/or discrepancy concerning the data elements of the Order in the Database, the data element in the Database records shall prevail.
(3) The Registrant acknowledges that the authentication information for complete control and management of the Order will be accessible to the Registry Operator, Service Providers, Resellers and the Customer. Any modification to the Order by the Resellers, Customer or Service Providers will be treated as if it is authorised by the Registrant directly. Registrar is not responsible for any modification to the Order by the Customer, Resellers, Registry Operator, or Service Providers.
(4) The Registrant acknowledges that all communication about the Order will be only done with the Customer or the Resellers of the Order. Registrar is not required to, and may not directly communicate with the Registrant during the entire term of the Order.
(5) The Registrant shall comply with all terms or conditions established by Registrar, Registry Operator and/or Service Providers from time to time.
(6) The Registrant must comply with all applicable terms and conditions, standards, policies, procedures, and practices laid down by ICANN (http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm) and the Registry Operator.
(7) During the term of this Agreement and for three years thereafter, the Registrant shall maintain the
following records relating to its dealings with Registrar, Resellers and their Agents or Authorised
(1) in electronic, paper or microfilm form, all written communications with respect to the Order;
(2) in electronic form, records of the accounts of the Order, including dates and amounts of all payments, discount, credits and refunds.
The Registrant shall make these records available for inspection by Registrar upon reasonable notice not exceeding 14 days.
Money back guarantee & refund policy
We do not generally refund cancelled contracts. For example, if your contract is yearly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, special offers, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit. You have the right to request cancellation within 30 (thirty) days of the contract (first invoice) if you have not taken any special offers.
Please allow 15 (fifteen) days for your refund to be initiated.
If you wish to cancel your services, please refer to this article.
If you do not cancel your hosting/domain(s) within 24 hours of receiving a renewal invoice, you will be responsible to pay the outstanding/future invoice(s).
We DO NOT refund partial monthly fees to accounts. We require 30 (thirty) days notice for a cancellation. If you pay by a PayPal subscription, and if you cancel it, our system will notify us, and, therefore, will deactivate and delete your account and website, or VPS, within 5 working days. If you pay by a Direct Debit, and if you cancel it, the same will happen.
Limitation of Liability
Laws Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Laws Hosting's servers going off-line or being unavailable for any reason whatsoever. Furthermore, Laws Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Laws Hosting's servers. All damages shall be limited to the immediate termination of service.
Violations of these Acceptable Use Policies should be referred to sales[@]laws-hosting.co.uk. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Laws Hosting cannot be held fully liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Laws Hosting are resold. Thus, certain equipment, routing, software and programming used by Laws Hosting are not directly owned or written by Laws Hosting. Moreover, Laws Hosting holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account without advance notice for any reason without restitution, as Laws Hosting sees fit.
We may contact you via a ticket to ask you for identification before we activate your orders, you will receive notification via email.
By activating your account with Laws Hosting, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Server Uptime Guarantee
Laws Hosting guarantees 99.5% service (http, ftp, pop, imap, smtp) uptime on all shared hosting plans. Should we fail to deliver this for any given calendar month, your account will be credited the following month.
Amendment of Services
Laws Hosting reserves the right to alter our services, packages, package extras, domain extensions, and their prices at our discretion and without notification. Existing accounts will be amended accordingly if the customer wants to. Laws Hosting reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification.
3. Acceptable Use Policy
Revision date: 30/08/2010
As a provider of web site hosting and other Internet-related services, Laws Hosting offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Laws Hosting respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Laws Hosting reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Laws Hosting has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Laws Hosting's services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Laws Hosting cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Laws Hosting cannot monitor or censor the Internet, and will not attempt to do so, Laws Hosting cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that Laws Hosting does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Laws Hosting's network and may reach a large number of people, including both subscribers and non-subscribers of Laws Hosting, subscribers' postings to the Internet may affect other subscribers and may affect Laws Hosting's goodwill, business, reputation or operations. For these reasons, subscribers violate Laws Hosting policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Audio/Video Streaming is not hosting friendly. As such, Laws Hosting does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.
Laws Hosting does not allow extreme adult content and will suspend/terminate any offending account.
Large File Policy:
Laws Hosting is not for file hosting and distribution - as such, customers may not host any files larger than 100MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail sales[@]laws-hosting.co.uk.
Obscene Speech or Materials:
Using Laws Hosting's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Laws Hosting is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language:
Using Laws Hosting's network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorisation, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United Kingdom
Laws Hosting reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Engaging in activities, whether lawful or unlawful, that Laws Hosting determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Laws Hosting will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Laws Hosting's policy or applicable law. However, when Laws Hosting becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Laws Hosting.
Laws Hosting is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Laws Hosting's facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Laws Hosting does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Laws Hosting reserves the right to directly take action against a customer of its subscribers. Also, Laws Hosting may take action against the Laws Hosting's subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Laws Hosting anticipates that subscribers who offer Internet services will cooperate with Laws Hosting in any corrective or preventive action that Laws Hosting deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Laws Hosting policy.
Laws Hosting will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Laws Hosting may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Laws Hosting may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Laws Hosting assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Laws Hosting may disclose subscriber information or information transmitted over its network where necessary to protect Laws Hosting and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Laws Hosting will never sell information to other services or outside companies.
Laws Hosting expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Laws Hosting policy. Finally, Laws Hosting wishes to emphasise that, in signing the Service Agreement, subscribers indemnify Laws Hosting for any violation of the Service Agreement, law or Laws Hosting policy resulting in loss to Laws Hosting or the bringing of any claim against Laws Hosting by any third party. This means that, if Laws Hosting is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Laws Hosting, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Laws Hosting and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to sales[@]laws-hosting.co.uk.