The standard term of our hosting agreement is for one year, and the agreement rolls forward thereafter. Payment for hosting is in advance.
Hosting Acceptable Use Policy
Our acceptable use policy is essential to providing fast, flexible web site hosting to all our customers. Please observe it: it is designed to keep your site and email working properly and protect all our customers.
The policy is actively and strictly enforced. Offending content or users are removed, usually immediately, although we will inform you when and why any action has been taken. The following are unacceptable uses. If in doubt, please check with us first.
Illegality – In any form, including but not limited to the unauthorised distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material.
Undesirable Content – Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work.
Bulk Email* – The use of our network to send bulk email whether opt-in or otherwise, and the use of bulk email to promote a site hosted by us is forbidden. We define Bulk Email as email set to multiple recipients which is or could be unwelcome to those recipients or which might under any circumstances cause them to make a complaint.
*We can help you find email newsletter list hosting for permission-based marketing within the law and good practice, but this is hosted away from our main systems on servers run by specialist providers. Please ask for more information.
Misuse Of Resources – Including but not limited to employing applications which consume excessive CPU time, memory or storage space. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum. The use of web cam applications which maintain a constant FTP connection uploading an image at regular intervals is forbidden.
We reserve the right to determine what constitutes acceptable use
Terms and Conditions
Where the context admits: “We” includes Clare Associates Ltd or any party acting on Clare Associates’ instructions. “You” includes the person purchasing the Services or any party acting on the customer’s instructions. “The Registrant” includes the person applying for a domain name or any party acting on the Registrant’s instructions. “The Registry” the relevant domain names Registry. “Server” means the computer server equipment operated by us in connection with the provision of the Services. “Web Site” means the area on the Server allocated by us to you for use by you as a site on the Internet.
In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this Agreement:
1. Domain Name Registration
1.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before notification is at your risk.
1.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant Registry; you shall ensure that you are aware of those terms and conditions and that you comply with them.
1.3 You shall have no right to bring any claim against us in respect of refusal to register a domain name.
1.4 Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the Registry to register your desired name.
1.5 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant Registry but will not be obliged to take part in any such dispute.
1.6 We shall not release a domain to another provider unless full payment for that domain has been received by us.
2. Web Site Hosting And Email
2.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
2.2 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.
2.2.1 you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
2.2.2 you will not upload, post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
(d) any material which is forbidden by our acceptable use policy
2.2.3 you will not send bulk email whether opt-in or otherwise from a site hosted by us.
2.2.4 you will not employ programs which consume excessive system resources.
2.2.5 any file you store on the Server will be reachable via a hyperlink from a page on your site.
2.3 We reserve the right to remove any material which we deem inappropriate from your Web Site without notice.
2.4 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
2.5 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
2.6 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
2.9 In the case of an individual Site Owner, you warrant that you are at least 18 years of age and if the Site Owner is a company, you warrant that the Site will not be maintained by anyone under the age of 18 years.
2.10 While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or mis-routing of email or for any other failure of email.
2.11 No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time.
3. Service Availability
3.1 We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
3.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice. If service is interrupted we will notify you of the reason as soon as we are aware of it, generally within 24 hours, though if the reason for interruption is as a result of problems with our hosting provider, they may not always have a full explanation for us so quickly. If service is interrupted as a result of prolonged or ongoing difficulties unique to one hosting provider, we will move the site to another server.
4.1 All charges payable by you shall be in accordance with the scale of charges and rates agreed with you in advance.
4.2 We reserve the right to change pricing at any time but all pricing is guaranteed for the period of pre payment.
4.2 Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given in accordance with 6.4.
4.3 All payments must be in UK Pounds Sterling.
4.4 If your cheque is returned by the bank as unpaid, you will be liable for a “returned cheque” charge of £25.
4.5 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
5. Termination And Refunds
5.1 We shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you If you:
5.1.1 fail to pay any sums due to us as they fall due.
5.1.2 break any of these terms and conditions.
5.1.3 are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors.
5.2 No refunds will be made under any circumstances for Services suspended in accordance with 5.1.
5.3 We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this, You will be entitled to a pro rata refund based upon the remaining period of prepayment. If service is suspended as a result of prolonged or ongoing problems with our hosting provider, You will have the option of moving your site to another server and continuing the service, or terminating the service with Clare Associates, receiving a refund, and moving your site to a new hosting provider chosen by yourselves.
5.4 You may cancel the Services at any time. To do so you must request cancellation of the Services in writing. We will cancel the Services within 5 working days of receipt of your request.
5.5 During the first 7 days of Services, You are entitled to a refund of the basic hosting plan rental fee should You decide to cancel the Services. No full refunds or pro rata refunds will be made after the first 7 days of service should You decide to cancel the Services.
5.5.1 Domain name registration fees, charges for additional data transfer and charges for optional extras added to your account are not refundable on this basis.
5.5.2 You will not be entitled to a refund on this basis if you have previously held an account with Clare Associates.
5.6 On termination of this Agreement or suspension of the Services we shall be entitled immediately to stop access to your Web Site and to remove all data located on the Server.
6.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to You and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
7. Limitation Of Liability
7.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to subclause 7.2.
7.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
7.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
7.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
7.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
8.1 Any notice to be given by either party to the other may be sent by email 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 recorded delivery shall be deemed to be served two days following the date of posting.
9.1 This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.
10.1 Headings are included in this Agreement for convenience only and shall not affect the interpretation of this Agreement.
11. Entire Agreement
11.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.