Terms of Service - FreeVirtualServers

Easy Internet Solutions Ltd – Terms of Service

AGREEMENT BETWEEN EASY INTERNET SOLUTIONS (the "Company", "We", "Us", "Our") – trading as "FreeVirtualServers.com", "5YearHost.co.uk", "DIYHost.co.uk", "DediBoxes.co.uk" of Unit D, Edward House, Grange Business Park, Whetstone, Leicester, LE8 6EP; and ("the Customer", "You", "Your").

This Agreement sets out the terms and conditions under which the Company will provide and the Customer will receive the Services (as defined below) details of which are set out in the Service Order Form of even date which has been accepted by the Customer and accepted by the Company. This Agreement should be read in conjunction with the Acceptable Use Policy and Privacy Statement.

1. Definitions

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

  • "Acceptable Use Policy" means the rules for hosting which can be found at https://www.freevirtualservers.com/aup
  • "Fees" means all fees payable by the Customer to the Company for the Services as set out in the Service Order Form
  • "Initial Term" means the minimum term for which the Company will provide the Services
  • "One Time Install Fee" means the one off charge made by the Company as set out on the Service Order Form or as otherwise agreed in writing between the parties
  • "Professional Services" means any non-standard professional consulting or support services provided by the Company to the Customer
  • "Company Rules and Regulations" means without limitation this Agreement, and the Acceptable Use Policy
  • "Company Technology" means the Company's proprietary technology including without limitation the Services, software tools, hardware designs algorithms, software (in source and object forms), user interface designs, architecture, class libraries, objects, database rights, trademarks registered or unregistered and documentation (both printed and electronic) network designs know-how trade secrets and any related intellectual property rights throughout the world (whether owned by the Company or licensed to the Company from a third party) and also including any derivatives improvements enhancements or extensions of the Company Technology conceived reduced to practice or developed during the term of this Agreement by either party
  • "Dedicated Server" means the Dedicated Server Service(s) that you have chosen to select at the time of sign up online
  • "Packages" means the different packages offered by the Company for the provision of the Services
  • "Renewal Term" means any term following the Initial Term
  • "Servers" means the servers to which the Customer shall send and receive to and from information
  • "Service Order Form" shall mean the online order form which has been accepted by the Customer specifying inter alia the Services to be provided by the Company and which is to be read in conjunction with the terms herein
  • "Services" means the standard services, Professional Services and Supplemental Services provided by the Company to the Customer as set out in the Service Order Form
  • "Service Commencement Date" means the date on which the Company will commence providing the Services to the Customer being the date the Company generates an e-mail to the Customer which includes the information required to allow the Customer to send and receive information to and from the Servers
  • "Supplemental Fees" means all fees payable by the Customer to Company in respect of Supplemental Services, Professional Services including without limitation reinstatement of service fees, fees for switching or upgrading services and/or packages and additional bandwidth fees which fees shall be in accordance with the Company's then current prices and pricing policy
  • "Supplemental Services" means the provision of certain limited services and equipment needed by the Customer on a "one-off" or emergency basis where such services are not included within the scope of the Services as set out in the Service Order Form
  • "VPS" and "Virtual Server" means virtual private server and refers specifically to the Service provided by Us

2. Acceptance and Delivery

This Agreement shall be entered into by the parties once the Customer has accepted and agreed the Service Order Form and accepted by an authorised representative of the Company, by email, contingent only upon credit approval of the Customer being obtained by the Company. Communication of this acceptance will be given to the Customer by the Company generating an e-mail to the Customer which includes the information required to allow the Customer to send and receive information to and from its servers. For the avoidance of doubt by accepting and confirming the Service Order Form, the Customer agrees to be bound by the terms and conditions set out in this Agreement.

3. Fees and Provision of Services

  • 3.1 The Customer hereby authorises the Company to perform the Services throughout both the Initial Term and any Renewal Term and agrees to pay the Fees for the same.
  • 3.2 The Customer hereby agrees to pay the Supplemental Fees for the Supplemental Services throughout both the Initial Term and any Renewal Term.
  • 3.3 The Company shall use all reasonable endeavours to provide the Services to the Customer.
  • 3.4 The Company reserves the right to control, direct and establish technical procedures for the use of the Services and the Customer agrees to follow the reasonable instructions and procedures of the Company with respect to the use of the same, Company also reserves the right to make operational changes to the Services and URLs.
  • 3.5 The Company shall use reasonable endeavours to maintain a 24 hour Internet presence for the Customer's website but cannot guarantee continuous, uninterrupted use especially where the Company must carry out routine maintenance, repairs, reconfigurations or upgrades or in circumstances beyond its control including force majeure.
  • 3.6 The Company reserves the right but does not assume the obligation to monitor, intercept and delete any content belonging to the Customer or users of the Customer's website for the purposes of ensuring that the Services are at all times used for lawful purposes.
  • 3.7 The Customer shall be responsible for obtaining and maintaining their own compatible computer system being all such equipment, software and communications lines, including any public lines required by the Customer properly to access the Customer's website. The Company has no responsibility for or liability with respect to any equipment belonging to the Customer.
  • 3.7 The Services are provided subject to the condition that there will be no abuse or fraudulent use of the same.

4. Term

  • 4.1 The Initial Term of this Agreement will commence on the Service Commencement Date and will be dependant on the Package chosen.
  • 4.2 Upon the expiration of the Initial Term the terms and conditions of this Agreement shall be automatically extended until either party gives to the other not less than 14 days notice of termination in writing or the Company otherwise terminates the agreement in accordance with the terms herein.
  • 4.3 Termination by the Customer of any particular Service will not affect the Customer's obligation to pay for the remaining Services.

5. Payment Terms

  • 5.1 Payment for the Services and any Supplemental Services shall become due on acceptance of the Service Order Form. Payment shall be made online using the Company's online payment system. Subsequent payments are due on the anniversary date of the billing cycle for the forthcoming period. If you select to pay via either the "WorldPay" (part of The Royal Bank of Scotland Group) or "Paypal" (an eBay company) services, then these services will automatically attempt to rebill you on the anniversary date. Payments made via cheques, postal orders or similar methods of "mail in payments" must be for annual amounts of the hosting fees.
  • 5.3 Invoices with respect to payments of all monthly, quarterly, or yearly recurring charges and in respect of all Supplemental Fees are available upon request.
  • 5.4 All payments will be made by the Customer to the Company in £stg or any other currency as agreed in writing between the parties at the exchange rate prevailing at the date of the invoice.
  • 5.5 The Company reserves the right to vary the Fees and Supplemental Fees and/or amend its payment terms by giving notice to the Customer by email.
  • 5.6 The Customer hereby agrees to indemnify the Company in respect of all costs charges expenses and professional fees incurred by the Company in exercising any of its rights under this Agreement in respect of any default or other breach by the Customer.
  • 5.7 Where applicable the Company will charge to the Customer Value Added Tax at the prevailing rate and all other relevant taxes levied in respect of this Agreement, the Services, and/or Supplemental Services.
  • 5.8 No refunds shall be due unless agreed in writing with the Company.

6. Ownership of Intellectual Property and Grant of Licence

  • 6.1 The parties hereby agree that this Agreement shall not transfer from the Company to the Customer any Company Technology and all rights title and interest in and to Company Technology will remain solely with the Company. The Customer agrees and acknowledges that it will not at any time during the Initial Term or Renewal Term or at anytime thereafter directly or indirectly reverse engineer decompile disassemble or otherwise attempt to derive source code or other trade secrets from the Company and/or its Third Party Vendors (as defined in this Agreement).
  • 6.2 The Customer hereby grants to the Company a non-exclusive worldwide and royalty free licence for the Initial Term and for however long this Agreement shall continue thereafter to edit modify adapt translate exhibit publish transmit participate in the transfer of reproduce create derivative works from distribute perform display and otherwise use the Customer's content as necessary for the purposes of rendering and operating the Services and Supplemental Services to the Customer under this Agreement.

7. Warranties

  • 7.1 Unless specifically advised to the contrary on the Service Order Form, the Company will provide access to a Server to the Customer within 24 hours or within the time limit as otherwise agreed in writing between the parties of the Service Commencement Date. The Company shall be deemed to have provided such Server access upon generating an e-mail to the Customer which includes the information to allow the Customer to send and receive information to and from such Server.
  • 7.2 The warranty referred to in clause 7.1 above shall be null and void if the Customer fails to follow the Company's Rules and Regulations or otherwise breaches this Agreement in any way.
  • 7.3 The Customer agrees and acknowledges that the Company Technology used in the provision of the Services in general is not error-free and agrees that the existence of such errors shall not constitute a breach of this Agreement by the Company. In the event that the Customer discovers a material error which substantially affects the Customer's use of the Services and notifies the Company of the error. The Company shall use all reasonable endeavours to correct by patch or new release (at its option) that the part of the Services.
  • 7.4 Although the Company does not warrant that the Services or the Company Technology used in the provision of the Services will be free from all known viruses it has used all reasonable endeavours to check for the presence of viruses using the latest virus checking software.
  • 7.5 Except for the express warranties set out in this Agreement all other warranties with respect to the Services and the Company Technology either express or implied including but not limited to any implied warranties or merchantability or fitness for any particular purpose are excluded.

8. Disclaimer

  • 8.1 The Parties hereby agree that the Company does not monitor or exercise control over the content of the information transmitted over its facilities. Use of the Services or any information that may be obtained from the Services is specifically at the Customer's own risk. Except as provided for in clause 7.1 and save as provided for by statute, the Company does not give to the Customer any other express and/or implied warranties including but not limited to warranties relating to satisfactory quality fitness for a particular purpose or infringement of title warranties arising from a course of dealing usage or trade practice or that the Services will be uninterrupted error free or completely secure.
  • 8.2 The Parties hereby further agree that the Company does not and cannot control the flow of information to or from the Company's own network and other portions of the Internet. Such flow depends on the performance of Internet services provided or controlled by third parties outside the control of the Company whose actions or failures may impair or disrupt the Customer's connections to the Internet or parts thereof.
  • 8.3 The Customer agrees that the disclaimers in clauses 8.1 and 8.2 are fair and reasonable and accepts to be bound by the same.

9. Customer's Obligations

  • 9.1 The Customer represents and warrants to the Company that where applicable he or she is at least 18 years of age and has the necessary authority to enter into this Agreement and carry out the various obligations and use of the Services and Supplemental Services required by the Customer under this Agreement.
  • 9.2 The Customer undertakes that it shall at all times ensure that:
  • 9.2.1 the Customer's content and material in the Customer's files, e-mails and postings to ensure that none of the content is defamatory, illegal, obscene, infringes any third party's intellectual property rights or otherwise would bring the Company's name into disrepute or breaches any laws, regulations or codes applicable to this Agreement. In the event of any breach or purported breach, the Company will be entitled to permit any law enforcement or other relevant authority to inspect the same;
  • 9.2.2 at all time that it's use of the Services is in accordance with all applicable data protection and other laws, licences, codes of practice and regulations;
  • 9.2.3 it does not to send any messages, e-mail or other communication which under any applicable law, international convention, code or regulation applicable to the Internet;
  • 9.2.4 it does not carry out or engage in activities on its website which may:
  • 9.2.4.1 be in breach of applicable laws, codes or regulations (including without limitation infringement of copyright and other intellectual property rights)
  • 9.2.4.2 be defamatory;
  • 9.2.4.3 involve theft, fraud, drug-trafficking, money-laundering and/or terrorism;
  • 9.2.4.4 incite violence, sadism, cruelty or racial hatred;
  • 9.2.4.5 facilitate prostitution or paedophilia; or
  • 9.2.4.6 be pornographic, obscene, indecent, abusive, offensive or menacing.
  • 9.2.5 it does not create or introduce intentionally or knowingly into the Service any virus, worm, Trojan horse, cancelbolt or other destructive or contaminating program or advise any other party how to do so.
  • 9.2.6 it uses an up to date virus-scanning program on all material downloaded from the Services.
  • 9.2.7 it does not to interfere with or breach the privacy of other users of the Services or the Internet in general, including sending unsolicited e-mails ("spamming") nor to collect or transfer personal data on individuals without their consent.
  • 9.2.8 it maintains confidentiality of its login names, passwords and other confidential information relating to the Customer's access to the Services (for the avoidance of doubt the Company shall not be responsible for maintaining such confidentiality).
  • 9.2.9 it does not to tamper with routing and domain name services in order to "spoof" other computer networks and users.
  • 9.2.10 when it gives any payment or credit card information via the Services, to ensure that the same is accurate, complete and up-to-date and the Customer has the authority to give such information.
  • 9.3 The Customer further warrants that it will not violate any applicable laws regulations or cause a breach of any agreements between the Company and any third parties or unreasonably interfere with other Company customers' use of Company services. The Customer agrees that it will use the Services only for lawful purposes and in accordance with the terms of this Agreement.
  • 9.4 The Customer agrees that at all times it will comply with the Company Rules and Regulations which shall be in force from time to time. The Company may change the Company Rules and Regulations by giving 15 days notice of such change to the Customer by posting any amendments and alterations to the existing Company Rules and Regulations on the Company website at easyinternetsolutions.co.uk. The Customer may request a current copy of the Company Rules and Regulations by emailing or faxing such a request to the Company. Prior to entering into this Agreement the Customer acknowledges that it has read and understood and agrees to be bound by the current version of the Company Rules and Regulations. The Customer acknowledges that the Company Rules and Regulations contain certain restrictions on its and its users' online conduct (including prohibitions against unsolicited commercial e-mail). The Customer further agrees and acknowledges that the Company exercises no control over the content of the information passing through the Customer's website(s) and that it is the sole responsibility of the Customer to ensure that the information that it and its users transmit and receive complies with all applicable laws and regulations and the Company Rules and Regulations.
  • 9.5 You are responsible for backing up your data stored on Easy Internet Solutions. We do create backups of our shared web hosting and it maybe possible to restore your website from these. However, this is not a procedure you should rely on to keep your content safe. Our backups are not a substitute to keeping your own regular backups. Our free, unlimited shared-hosting and reseller hosting backups are taken every day. We have built our backup system to be fast, reliable and extremely secure. Data is stored off-site in a secure data centre, our backup service is powered by a leading online storage/retrieval application . All data moved between Easy Internet Solutions and the data centre is protected by SSL encryption meaning your data is secure. If you ask us to restore your account from our backups you will be charged a £30 +VAT restoration fee, however if you can provide your own backup file then there will be no fee £0. To request a restoration of content from a backup file simply send a ticket request to 'support' and clearly indicate what content you want restored. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Easy Internet Solutions servers (You must be specific with names of files, directories, databases, or if you want the entire account restored. If you don't include this information we will not be able to help you and by the time you respond to our request another backup might have run overwriting your saved files. We will continue to backup any databases and your data will continue to be mirrored to a secondary disk using RAID. Again, whilst RAID reduces the chance of total data-loss, you must still create your own backups as required. If your account has been terminated we do not backup these accounts. They may be able to be restored but we cannot guarantee this. We encourage everyone to ensure that their sites are backed up, with this in mind we do offer a third party 'remote backup' service which can be accessed via your cpanel. We do not take backups of our VPS or Dedicated servers. You can partition space on your hard drive for backups, purchase a new hard drive or use our independent backup service.
  • 9.6 Customers will not use their hosting account for storage of emails, Easy Internet Solutions reserve the right to remove any emails older than 90 days from shared hosting packages. It is the customer's responsibility to ensure that email is regularly collected and removed from Easy Internet Solutions shared hosting. Easy Internet Solutions reserve the right to remove without notification any email account that has not been accessed within 90 days.
  • 9.7 Customers are responsible for securing their sites. While we keep our servers secure it is the responsibility of our clients that all scripts, programs and passwords are secure. A charge may be applied to reactivate any account suspended due to poor site security.

10. VPS Customers are to be bound by this Clause in addition to the rest of this Agreement.

  • 10.1 The Services consist of Us making a partition on a commonly used server available to You with certain, limited server functions granted to the Customer via software control (a "Virtual Server"). You acknowledge that this is not the same as a Dedicated Server and as such access to related software and certain functions of the system hardware is limited.
  • 10.2 We agree to provide the use of a Virtual Server to You, for Your exclusive use at the price agreed upon before the initiation of service, for the term as defined in the Agreement and Order Confirmation.
  • 10.3 Subject to events outside of our control, We additionally agree to maintain the hardware on which the Virtual Server is located and keep the Virtual Server running. You acknowledge that We are not responsible for managing the content of the Virtual Server in any way.
  • 10.4 We are not obliged to install onto the Virtual Server any additional software for You or modify the configuration of existing software from its default. You acknowledge that should We agree to do so, a charge may be made to cover employee time. Any such support beyond the hardware and pre-installed software is performed at Your risk.
  • 10.5 You represent and warrant that You have or have access to the knowledge and expertise necessary to configure, maintain, monitor, and secure the Virtual Server.
  • 10.6 Access to the Virtual Server is limited to You and anyone authorised by You. You acknowledge and consent that We may require limited access to your Virtual Server as and when necessary without further notice to you.

11. Dedicated Server Customers are to be bound by this Clause in addition to the rest of this Agreement.

  • 11.1. We will be the owner of the Server.
  • 11.2. The Server shall be installed and operated in the Space by Us. You will have no right of physical access to the Server or the Space.
  • 11.3. We shall have no liability for any loss or damage to any data stored on the Server.
  • 11.4. You acknowledge that, We cannot guarantee that the Server will be free from defects. Nor can We guarantee that it will operate uninterrupted or without failure. We shall use our reasonable endeavours to make available to You at all times the Services but We shall not, in any event, be liable for interruptions of service or down-time of the Server and We shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
  • 11.5. Should We become aware of a Server fault, We will at our option repair the Server or provide an equivalent Server as a replacement as soon as practicably possible.
  • 11.6. Any replacement Server will be provided in the default configuration as the Server was originally supplied. We do not warrant that any data, content or settings present on the original Server will be transferred to the replacement.
  • 11.7. We will provide a means for You to monitor the data transfer usage of the Server. You accept that if the Server exceeds its data transfer quota in any billing period, We will charge You for the additional data transfer at our standard rate.
  • 11.8. Any access to other networks through the Services must comply with the rules appropriate for those other networks.
  • 11.9. We may assign to the Server on a temporary basis a number of Internet Protocol Addresses ("IP Addresses") from the address space assigned to Us by the RIPE. You acknowledge that the IP Addresses are Our sole property, and are assigned to You as part of the Services, and agree that You will have no right to IP Addresses upon termination of this Agreement. We reserve the right to change the IP Address assignments at any time.
  • 11.10. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Services.
  • 11.11. We grant You a non-transferable, nonexclusive license to use the Software, in object code form only, for You internal needs, solely on the Hardware provided, and in conjunction with the Services.
  • 11.12. You agree that You will not:
  • 11.12.1. Copy the Software.
  • 11.12.2. Reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Software.
  • 11.12.3. Sell, lease, license, transfer or sublicense the Software or the documentation.
  • 11.12.4. Write or develop any derivative or other software programs, based, in whole or in part, upon the Software.
  • 11.13. This Agreement transfers to You neither title nor any intellectual property rights to the Software, documentation, or any copyrights, patents or trademarks, embodied or used in connection therewith, except for the limited license to use in Section 11.11.
  • 11.14. Any third party software is supplied to You on the basis of the relevant third party's license terms with which You agree to comply.
  • 11.15. We will use Our reasonable endeavours to check the Software for the most commonly known viruses prior to delivery to You. However, You are solely responsible for virus scanning the Software and We give no warranty that the Software will be free from viruses.
  • 11.16. You acknowledge that software in general is not error-free, and agree that the existence of such errors will not constitute a breach of this Agreement.
  • 11.17. We will install the Software detailed in the product specification onto the Hardware in our standard configuration free of additional charge.
  • 11.18. We will endeavour to apply security patches or take mitigating action such as blocking certain network traffic to maintain the integrity of the Server when We are made aware of a security vulnerability in Software installed as standard which We deem a threat considering the intended use of the Services for web site hosting, however We do not warrant that the Software will be free from defects or vulnerabilities nor that the Server will be free from unauthorised users or hackers.
  • 11.19. We are not obliged to install onto the Server any additional software for You or modify the configuration of existing software from its default. You acknowledge that should We agree to do so, a charge may be made to cover employee time. Any such support beyond the hardware and pre-installed software is performed at Your risk.
  • 11.20. We provide technical support relating to the Server and Software physically functioning. We do not offer technical support for application specific issues such as CGI programming, HTML or any other such issue.
  • 11.21. We do not provide technical support for Your customers.
  • 11.22. Our obligation to provide support and management services will not extend to:
  • 11.22.1. Software or systems not installed as standard by Us.
  • 11.22.2. Software or systems configured or modified by You other than through the provided web based control panel.
  • 11.22.3. Correction of faults arising from Your failure to comply with instructions or recommendations provided by Us directly or through documentation and manuals.
  • 11.22.4. Rectification of lost or corrupted data.
  • 11.23. We may at any time and from time to time improve, correct or otherwise modify all or any of the Services (including substituting Software and/or Server with software or equipment of similar specification) provided that such modification does not materially affect provision of the Services to You. We will endeavour to give You reasonable notice of any such modification, where this is reasonably practicable.

12. Limitation of Liability

  • 12.1 The Company shall have no responsibility for and shall accept no liability in respect of the selection use and suitability of the Services and Company Technology by the Customer which shall be at the Customer's sole discretion.
  • 12.2 The Company shall not be liable for any loss of data resulting from delays corruption of data non-deliveries mis-deliveries or service interruptions. Neither the Company nor its network services supplier(as used by the Company from time to time) shall be liable for any unauthorised access to the Company's or the Customer's transmission facilities or premise equipment or for any unauthorised access to or alteration theft or destruction of a Customer's data files programmes procedures or information through accident fraudulent means or devices or any other method provided that such damage does not occur as a result of the Company's or its Network Service Suppliers' default or negligence.
  • 12.3 In no circumstances shall the Company be liable in contract tort (including negligence or breach of statutory duty) or otherwise howsoever caused for:
  • 12.3.1 any increased costs or expenses;
  • 12.3.2 any loss of profit business contracts revenues or anticipated savings; or
  • 12.3.3 any special indirect or consequential damage of any nature whatsoever;
  • arising directly or indirectly out of the provision by the Company of the Services or Supplemental Services or of any error or defect therein or of the performance non-performance or delayed performance by the Company of this Agreement;

13. Third Parties

  • 13.1 The Company may provide to the Customer access to other third party software and/or services ("Third Party Products") through re-seller relationships that the Company has established with such parties, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, the Customer understands that product support for Third Party Products is not provided by the Company, unless otherwise specifically stated in writing.
  • 13.2 The Company makes no representations and gives no warranties express or implied regarding any Third Party Products. The Customer expressly acknowledges and agrees that the use of Third Party Products is at the Customer's sole risk and the terms of the Company's disclaimer as set out in clauses 8.1 and 8.2 above shall specifically apply to all Third Party Products and Third Party Vendors.
  • 13.3 The Customer shall be fully liable to Third Party Vendors and the Company with regard to any improper use of Third Party Products by the Customer or violation of licence agreements and or end user subscriber agreements entered into between the Customer and any Third Party Vendor.

14. Customer's Indemnity

  • 14.1 The Customer agrees to indemnify and hold harmless the Company and all individuals or entities controlling controlled by or under common control with the Company and their respective officers directors professional advisers agents and employees against any losses costs expenses claims damages liabilities penalties actions proceedings or judgments which they may become subject to relating to or arising from:
  • 14.1.1 the infringement or misappropriation or alleged infringement or misappropriation of any intellectual property right including without limitation copyrights trade secrets patents trademarks or other proprietary rights related to any hardware or software utilised by the Customer or otherwise in connection with any of the Services or Supplemental Services;
  • 14.1.2 any breach or violation of or failure to comply with this Agreement or the Rules and Regulations or any other policies of the Company of which the Customer has been given notice;
  • 14.1.3 any violation of any applicable law rule or regulation; and
  • 14.1.4 any third party claims related to any content provided by the Customer or customers or clients of the Customer.

15. Termination

  • 15.1 At the end of the Initial Term either party to this Agreement may terminate this Agreement without cause by giving to the other not less than 14 days' notice in writing to expire at the end of that period whereupon all Fees and Supplemental Fees due by the Customer up to and including the date of termination will become due and payable forthwith by the Customer to the Company.
  • 15.2 The Company may by notice in writing immediately terminate this Agreement if the Customer shall:
  • 15.2.1 breach this Agreement and in the case of a breach capable of being remedied shall not have remedied the same within 7 days of receipt of a notice from the Company identifying such breach and requiring its remedy; or
  • 15.2.2 be unable to pay its debts or enters into compulsory or voluntary liquidation or compounds with or convenes a meeting of its creditors or has a receiver or manager or an administrator appointed or ceases for any reason to carry on business or takes or suffers any similar action which in the opinion of the Company means that the Customer may be unable to pay its debts.
  • 15.3 Termination of this Agreement for whatever reason shall be without prejudice to any rights or obligations which have accrued prior to termination.
  • 15.4 On termination of this Agreement for any reason all information of a confidential nature documentation and items issued by the Company and in the possession of the Customer shall be promptly returned to the Company and the Customer shall further relinquish any internet protocol numbers addresses or address blocks assigned to the Customer by the Company or its network services suppliers but not the URL or top level domain connected with the same). The Company reserves in its sole discretion the right to change or remove any and all such internet protocol numbers addresses or address blocks.
  • 15.5 In the event that this Agreement is terminated by the Company pursuant to clause 13.2 above then the Company shall have no obligation to provide the further Services or Supplemental Services to the Customer.
  • 15.6 At the end of the term, if payment isn't received for the next term, then accounts will be suspended within 7 days. Within 45 days, accounts will be terminated, resulting in the loss of all data associated with the account.

16. Force Majeure

  • 16.1 The Company shall not be deemed to be in default of any provision of this Agreement or be liable for any delay failure of performance or interruption of the provision of the Services to the Customer resulting directly or indirectly from any weather conditions, natural disasters, labour disputes, lockouts, overtime bars, wars or other acts of God, action of any government or military authority, failure caused by hacking or a telecommunications provider or other internet service provider or other force or occurrence beyond the Company's reasonable control including without limitation mechanical electronic communications or third party supplier failures.

17. Relationship of Parties

  • 17.1 None of the provisions of this Agreement shall be deemed to constitute a partnership between the parties and neither party shall be responsible for any act or omission of the other or have the right or authority to bind the other in any way.
  • 17.2 Nothing in this Agreement shall confer any rights on any person pursuant to the Contracts (Rights of Third Parties) Act 1999.

18. Governing Law

  • 18.1 This Agreement shall be governed by and construed in accordance with English law.
  • 18.2 Each of the parties to this Agreement irrevocably submits for all purposes in connection with this Agreement to the exclusive jurisdiction of the Courts of England.

19. Dispute Resolution

  • 19.1 The Parties will attempt in good faith to resolve any dispute or claim arising out of or relating to this Agreement promptly through negotiations between their representatives.
  • 19.2 If the matter is not resolved through negotiation the parties will attempt in good faith to resolve the dispute or claim through an Alternative Dispute Resolution ("ADR") procedure.
  • 19.3 The performance of obligations under the Agreement shall not cease or be delayed by the application of an ADR procedure pursuant to clause 17.2 above.
  • 19.4 If the matter has not been resolved by an ADR procedure within 2 months of the initiation of such procedure or if either Party will not participate in an ADR procedure the dispute shall be referred to the Courts of England in accordance with clause 16.2 above.

20. Use of Information

  • 20.1 The Company is committed to protecting the Customers privacy. Through the ordering process, the Company will have collected certain personal information in respect of the Customers account, together with any other information volunteered by the Customer. The Company may use the Customers details for its marketing purposes and to send the Customer marketing literature. The Company may make individual identifying information available to affiliated third parties, and to its agents for marketing purposes. If you would prefer the Company not to use your details in this way, please email the Company. Free Hosting customers may cease to be eligible for Free Hosting by opting out, at our sole discretion.

21. Confidentiality

  • 21.1 The definition in this clause applies in this agreement.
    Confidential Information: all information, whether technical or commercial (including all specifications, drawings and designs, disclosed in writing, on disc, orally or by inspection of documents or pursuant to discussions between the parties), where the information is:
  • 21.1.1 identified as confidential at the time of disclosure; or
  • 21.1.2 ought reasonably to be considered confidential given the nature of the information or the circumstances of disclosure.
  • 21.2 Each party shall protect the Confidential Information of the other party against unauthorised disclosure by using the same degree of care as it takes to preserve and safeguard its own confidential information of a similar nature, being at least a reasonable degree of care.
  • 21.3 Confidential Information may be disclosed by the receiving party to its employees, affiliates and professional advisers, provided that the recipient is bound in writing to maintain the confidentiality of the Confidential Information received.
  • 21.4 The obligations set out in this clause 10 shall not apply to Confidential Information that the receiving party can demonstrate:
  • 21.4.1 is or has become publicly known other than through breach of this clause 10; or
  • 21.4.2 was in the possession of the receiving party prior to disclosure by the other party; or
  • 21.4.3 was received by the receiving party from an independent third party who has full right of disclosure; or
  • 21.4.4 was independently developed by the receiving party; or
  • 21.4.5 was required to be disclosed by a governmental authority, provided that the party subject to such requirement to disclose gives the other party prompt written notice of the requirement.
  • 21.5 The obligations of confidentiality in this clause 10 shall not be affected by the expiry or termination of this agreement.

22. Expired Domains

In the event that a website domain name is not renewed on the date of its expiration it shall cease to run and shall be considered to have been “expired”
A website domain name shall expire if FreeVirtualServers.com is unable to receive payment through a stored payment method on your FreeVirtualServers.com account or if you fail to pay it manually to renew your website domain name.
It is the client’s liability that the email address stored on the FreeVirtualServers.com account is active and is able to receive renewal notification from FreeVirtualServers.com.
It is the clients understanding that three (3) consecutive days right after the expiration date; FreeVirtualServers.com reserve the rights to execute the following actions at its sole discretion:
- Renew the website’s domain name.
- Park the website’s domain name to another Name Server including the FreeVirtualServers.com Name Servers.
Following on the domain name expiry date, the client recognises that they have 16 calendar days to contact FreeVirtualServers.com to reclaim and restore the domain name where applicable at the registry, and that the client pays for the said domain name restoration.
Upon receipt of the Renewal Fee by FreeVirtualServers.com within the 16 day period, client will retain its ownership of the requested domain name and as soon as reasonably practicable FreeVirtualServers.com shall restore the requested domain name to your control panel. The client recognises that 16 day period after the expiry date FreeVirtualServers.com reserves the rights to execute the following actions at its sole discretion:
- Auction the websites domain name
- Modify the domain name’s contact details
- Transfer the websites domain name
If FreeVirtualServers.com do not receive a payment for the renewal within the 16 calendar days specified above FreeVirtualServers.com reserve the right in their sole discretion to terminate the agreement and put the website domain name to auction, modify and transfer the ownership of the requested domain name.
We at FreeVirtualServers.com aim to restore domain names on behalf of our clients. However, we do not guarantee the success of all renewal attempts of the domain name. It is the registrant’s liability to check the WHOIS database to make sure their domain name has been restored or renewed.

23. WordPress Management Service Customers are to be bound by this Clause in addition to the rest of this Agreement

  • 23.1 You are solely responsible for maintaining the confidentiality of your WordPress username, password and account details. We will not share these details with any third party without your express permission. However, if you choose to share this or any other confidential information with employees of the Company to allow us to make changes on your website, including but not limited to installing plugins on your website as part of the WordPress Management Service, you remain exclusively responsible for ensuring the security of those details.
  • 23.2 By using the WordPress Management Service, you give permission for the Company to make changes to your website and the configuration of your WordPress installation, including but not limited to updating themes, installing and updating plugins from third parties, and changing settings. The Company agrees that any and all such changes will be completed in good faith as part of the Service.
  • 23.3 Any third party plugins offered as part of the Service are chosen and provided by the Company in good faith. In no event shall the Company be liable to the Customer or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including but not limited to those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of any website or plugin referenced or linked to from this website.
  • 23.4 The use of third party plugins by the Company as part of the Service does not represent an endorsement of any third party. The use of such plugins may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
  • 23.5 The WordPress Management Service may include software updates being made on the Customer’s website. These updates, whether specifically implemented by the Company or initiated automatically or by other means, are installed in good faith and intended to improve security and functionality for the Customer’s website. In the event that any update or change is made by the Company as part of the Service which results in any loss of functionality or other damages to the Customer’s website, the Company will not be held responsible. In addition, any failure to update software on the Customer’s website on the part of the Company will not constitute a breach of the Terms of Service, and the company will not be responsible for any loss of functionality or other damages, including but not limited to those resulting from any breach of security by a third party, as a result of any available software updates not being implemented.

24. General

  • 24.1 This Agreement together with the Service Order Form and the Company's Rules and Regulations shall constitute the entire agreement and understanding between the parties in respect of the subject matter of this Agreement and supersedes any prior or contemporaneous agreement whether written or oral. Any changes modifications or amendments to this Agreement to be binding must be signed by an authorised officer of both parties. This Agreement does not supersede or terminate any non-disclosure or confidentiality agreement in existence between the parties
  • 24.2 If any of the provisions of this Agreement are found to be void or unenforceable it shall be deemed to be deleted from this Agreement and the remaining provisions shall continue to apply. The parties shall negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the provision found to be void or unenforceable
  • 24.3 The Customer may not sell assign or transfer its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of the Company and any such attempted assignment or delegation without such consent will be void. The Company may assign this Agreement in whole or in part and may also delegate the performance of certain Services or Supplemental Services to third parties including the Company's wholly owned subsidiaries. This Agreement will bind and inure to the benefit of each party's successors and permitted assignees
  • 24.4 Except as otherwise expressly provided within the Agreement no notice or other communication from one party to the other shall have any validity under the Agreement unless made in writing by or on behalf of the party concerned
  • 24.5 Any notice or other communication which is to be given by either party to the other shall be given by email. If the other party does not acknowledge receipt of such email, it shall be deemed to have been given 3 working days after the day on which the email was sent
  • 24.6 The failure of either party to exercise any right or remedy shall not constitute a waiver of that right or remedy
  • 24.7 No waiver shall be effective unless it is communicated to the other party in writing
  • 24.8 A waiver of any right or remedy arising from a breach of contract shall not constitute a waiver of any right or remedy arising from any other breach of the Agreement
  • 24.9 The Customer agrees that throughout the duration of this Agreement and for a period of 1 calendar year after its termination it will not and will further assure that its affiliates do not directly or indirectly solicit or attempt to solicit for employment any persons employed by the Company or contracted by the Company to provide Services or Supplemental Services to the Customer
  • 24.10 The Starter and any other free hosting products is only available to those who have the domain maintained by us, we reserve the right to terminate any account of this type which the domain is held elsewhere.
  • 24.11 All information, Company Technology, data, drawings, specifications, documentation, which the Company may have imparted and may from time to time impart to the Customer relating to the Services is proprietary and confidential. The Customer agrees and acknowledges that it shall use the same solely in accordance with the provisions of this Agreement and that it shall not at any time during or after expiry or termination of this Agreement, disclose the same, whether directly or indirectly, to any third party without the Company's prior written consent.
  • 24.12 Clause 23.10 shall not prevent the disclosure or use by the Customer of any Information which is or through no fault of the Customer becomes public knowledge or to the extent permitted by law.
  • 24.13 Each party gives the other its consent to publicise in a positive light only, the fact that the parties have a business relationship, but not to disclose the terms of this Agreement. For this purpose each party grants to the other a non-exclusive royalty free licence to use the logos and trademarks of the other party provided always that such use shall be for the purposes of publicising the relationship of the parties.
  • 24.14 Under the terms of the Consumer Protection (Distance Selling) Regulations 2000, consumers have a "cooling off" period of 7 working days from the date the order is placed in which they may cancel orders placed by distance contract. Services and/or Supplemental Service shall be deemed to commence once Acceptance has occurred.

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