Whereas, Britain Connected is an information provider connected to the Internet Britain Connected offers storage and transfer services over the Internet through access to its Web Server;
Whereas, Customer seeks to utilize Britain Connected servers for its own purposes;
Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Britain Connected can make no guarantee that any given reader shall be able to access Britain Connected servers at any given time.
Britain Connected represents that it shall make every good faith effort to ensure that its services are available as widely as possible and with as little service interruption as possible;
Now therefore, in consideration of the mutual promises contained herein, the parties agree as follows;
- Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
- Customer agrees that all charges and fees associated with an account are their sole responsibility.
- If the customer wishes to cancel Britain Connected shared Web Hosting services within thirty (30) days of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violations) and have their money promptly refunded.
- Services provided by 3rd parties and Britain Connected partners are not part of the 30-day refund policy and no early ending credit applies. Billing will stop at end of term during which the service is canceled.
- At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or via the Client Area. After the first 30 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account may be cancelled.
- “30-Day Money-Back Guarantee” offer only applicable to PayPal payments for shared web hosting. Other forms of payment are non-refundable. Refunds can only be processed for shared hosting. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances. SSL certificates are non-refundable. The value of any AdWords credit or other third-party add-ons is non-refundable. See domain registration agreement for more information.
- Violations of Britain Connected Terms of Service, Acceptable Use Policy, or Spam Policy may, at Britain Connected discretion, result in immediate and permanent disablement without refund.
- Disputed charges (“chargebacks”) associated with any Britain Connected account may, at Britain Connected discretion, result in immediate and permanent disablement.
- Britain Connected shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Britain Connected services. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
- Customer will provide Britain Connected with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of Britain Connected. Britain Connected shall make no effort to validate this information for content, correctness or usability.
- Use of Britain Connected service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer’s Webspace by the Customer.
- The following examples are offered:
- Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
- CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
- The Customer agrees that he or she has the necessary knowledge to create Customer’s Webspace. Customer agrees that it is not the responsibility of Britain Connected to provide this knowledge or Customer Support outside of the defined service of Britain Connected.
- Britain Connected will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
- Britain Connected reserves the right to police its network to verify compliance with all agreed upon Terms.
- The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
- Britain Connected reserves the right to disconnect any website or server deemed to present a security threat to Britain connected customers, servers, or network.
- The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by Britain Connected is grounds for termination of all services.
- Britain Connected makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Britain Connected also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Britain Connected is at the Customer’s own risk, and Britain Connected specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Britain Connected expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
- Britain Connected specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, Britain Connected may, at its option and at any time, reject this material, including but not limited to after it has been put on Britain connected Server. Britain Connected agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Britain Connected. If the Customer fails to modify the material, as directed by Britain Connected, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
- All domain names registered through Britain Connected, that are ‘parked’ or are otherwise not immediately associated with a Britain Connected hosting plan will be automatically pointed to a “Coming Soon” web page which informs visitors that the registrant has recently registered their domain name via Britain Connected.co.uk. The Coming Soon web page may be modified at any time by Britain Connected without prior notice to you and may include such things as, without limitation, links to additional products and services offered by Britain Connected.
Trademarks & Copyrights
- Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.
Hardware, Equipment, & Software
- The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Britain Connected.
- Britain Connected makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the Britain Connected service.
- Britain Connected guarantees a minimum of 96% uptime. A failure to provide 96% uptime will result in customer compensation pursuant to guidelines established herein.
- Customer is entitled to compensation if Customer’s web site, databases, email, FTP, SSH or webmail become unusable as a result of failure(s) in Britain Connected systems for reasons other than previously announced scheduled maintenance, coding or configuration errors on the part of the Customer.
- Customer will receive Britain Connected credit equal to the Customer’s current hosting cost for 1 (one) day of service for each 1 (one) hour (or fraction thereof) of service interruption, up to a maximum of 10% of customer’s next pre-paid hosting renewal fee.
- Britain connected assessment of downtime begins when Customer opens a support ticket to report the problem.
Britain Connected Dedicated Server
- Bandwidth pricing and measurement frequency is subject to change at Britain connected discretion. Customers affected by such changes will be notified no less than thirty (30) days in advance by Britain Connected.
- Britain Connected is under no obligation to compensate Customer for downtime, whether the downtime be caused by Customer, Britain Connected, or Britain Connected upstream providers.
- Customer agrees that dedicated server payments are NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if customer chooses to discontinue service with Britain Connected mid-way through the term.
- Britain Connected reserves the right to alter the dedicated server packages advertised on its website at its discretion. Britain Connected is not required to upgrade Customers’ hardware or bandwidth allocation as a result of a pricing or service package change. Customer will not be required to upgrade hardware as a result of a pricing change.
- For managed servers, Britain Connected is responsible for the security of the network, the kernel, and the base operating system (defined as the standard set of debian packages that come installed with the server). Britain Connected may take any steps it deems necessary at any time to protect the security of your server (this generally includes applying security patches as well upgrading the entire operating system).
- Britain Connected is not responsible for notifying unmanaged servers of the need to apply patches. Failure to comply with these requirements is grounds for termination of contract without refund. Britain Connected reserves the right to take any action upon unmanaged dedicated servers it deems necessary at any time to protect the security and integrity of Britain Connected’s network.
- The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the “customer” in terms of this contract.
- This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. Britain Connected will accept termination by electronic mail. Notwithstanding the above, Britain Connected may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Britain Connected reserves the right to charge a reinstatement fee. Britain Connected will also apply a 10% fee to overdue payments. Britain Connected at discretion on a case by case basis look into waving late payment fees if asked.
- Customer expressly agrees that use of Britain Connected Services is at Customer’s sole risk. Neither Britain Connected, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Britain Connected Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Britain Connected Server service, unless otherwise expressly stated in this contract.
- Under no circumstances, including negligence, shall Britain Connected, its offices, agents or anyone else involved in creating, producing or distributing Britain Connected services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Britain Connected services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Britain Connected records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Britain Connected services.
- Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
- By using a promotional (“promo”) code you waive the option to indicate who referred you to Britain Connected.
- You may not change/submit a promo code or referrer after you’ve finished signing up.
- Promo codes/referrers are for new customers only — if you use one you may not host on your account any domain ever previously hosted with Britain Connected.
- Customer agrees that it shall defend, indemnify, save and hold Britain Connected harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Britain Connected, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Britain Connected against Liabilities arising out of
- any injury to person or property caused by any products sold or otherwise distributed in connection with Britain Connected Services;
- any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement;
- any defective product which Customer sold on Britain Connected Services.
Customer agrees to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. Specifically, Customer covenants that it shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Britain Connected under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United Kingdom, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. Customer agrees to indemnify, to the fullest extent permitted by law, Britain Connected from and against any fines or penalties that may arise as a result of Customer’s breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.
Customer agrees to abide by the terms set forth in this document as well as other Britain Connected policy documents including, but not limited to:
- Acceptable Use Policy
- Anti-Spam Policy
Customer also agrees to abide by all applicable Terms set forth by all Britain Connected partners and subsidiaries.
Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service as specified in Section – Financial Arrangements.
Customer may not transfer this contract without the written consent of Britain Connected.
These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.