Where the context admits: "We" includes Yak Host or any party acting on Yak Host's implicit 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 our supplier 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 Names
1.1 We make no representation that the domain name you wish to host
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 domain name(s) until you have been notified that it has or they
have been registered. Any action taken by you before such 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 naming authority;
you shall ensure that you are aware of those terms and conditions
and that you comply with them. You shall have no right to bring
any claim against us in respect of refusal to register a domain
name.
1.3 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 cancel, suspend or terminate your account.
1.4 From commencement of your Web hosting account with us, the domain
name to be associated with that account may only be changed once,
subject to the account being active less than three months.
1.5 Only one domain name may be associated with any Web hosting
account, not including any temporary sub domain we may supply.
2. 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 shall effect and maintain adequate insurance cover in respect
of any loss or damage to data stored on the Server.
2.3 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.
2.3.1 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 authorize or permit any other person to do so.
2.3.2 you will not 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 offense 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.
2.3.3 you will not send bulk email whether opt-in or otherwise from
our network. Nor will you promote a site hosted on our network using
bulk email.
2.3.4 you will not employ programs which consume excessive system
resources, including but not limited to processor cycles and memory.
2.3.5 any file you store on the Server will be reachable via a hyperlink
from a page on your site.
2.4 We reserve the right to remove any material which we deem inappropriate
from your web site without notice.
2.5 We do not host warez, adult content, software, freeware, shareware
or trial software, regardless whether You have permission from
or
You are the creator and or copyright owner of the work. The storage
or
streaming
of audio
and video
media,
live
or
pre-recorded, including,
but
not limited to, Real™
audio and video, .mp3, .midi, .wav, .au, .wmp and .avi is prohibited.
2.6 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 unauthorized use of your
account or breach of security, including loss, theft or unauthorized
disclosure of your password or other security information.
2.7 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.
2.8 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 User, you warrant that you are
at least 18 years of age and if the User is a company, you warrant
that the Services will not be used by anyone under the age of 18
years.
2.10 Any access to other networks connected to Yak Host's supplier
must comply with the rules appropriate for those other networks.
2.11 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 unauthorized users or hackers and we shall be
under no liability for non-receipt or misrouting of email or for
any other failure of email.
2.12 POP email, that has not been downloaded and removed from the
server withing 3 months, is routinely deleted from the server and
as such is unrecoverable.
2.13 Excess bandwidth or data transfer usage, if greater than 10%
of the allowance allocated per month to your Web hosting account,
will be subject to a surcharge of £0.015 per Mb,
minimum charge of £2.99, for any single month.
Failure to make payment within 5 days of notice to you may result
in the suspension of your account, in accordance with section 5
of these terms and conditions.
3. Service Availability
3.1 We shall use our reasonable endeavors 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 downtime of the Server.
3.2 We shall have the right to suspend the Services at any time
and for any reason, generally without notice, but if such suspension
lasts or is to last for more than 7 days you will be notified of
the reason.
3.3 The Services provided to you hereunder and your account with
us cannot be transferred or used by anyone other than you. 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; user programs may
be run only during log-in sessions. If your account is found to
have been transferred to another party, or shows other activity
in breach of this subclause, we shall have the right to cancel the
account and terminate the Services and/or this Agreement immediately.
4. Payment
4.1 All charges payable by you for the Services shall be in accordance
with the scale of charges and rates published from time to time
by us on our Web site and shall be due and payable in advance of
our service provision. We reserve the right to change pricing at
any time although all pricing is guaranteed for the period of your
account until renewal is due.
4.2 Payment is due each anniversary year following the date the
Services were established until closure notice is given. If you
choose to pay by credit or debit card you agree any and all payments
will be made to our payment gateway provider 2Checkout.com.
4.3 Payment for any upgrades to your account will be for 1 year
or the remainder of your current hosting account, which ever is
sooner. Upon renewal of your hosting account any upgrades will be
added to the renewal charge.
4.4 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 terminate the provision of Services
to you.
5. Termination
5.1 If you fail to pay any sums due to us as they
fall due, we may suspend the Services and/or terminate this Agreement
forthwith without notice to you.
5.2 If you break any of these terms and conditions we may suspend
the Services and/or terminate this Agreement forthwith without notice
to you.
5.3 If you 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, we shall
be entitled to suspend the Services and/or terminate this Agreement
forthwith without notice to you.
5.4 No refunds will be made for Services suspended in accordance
with 5.1, 5.2 and 5.3.
5.5 We reserve the right to suspend the Services and/or terminate
this Agreement at any time. In the event of this You will not be
entitled to a pro rata refund based upon the remaining period of
membership.
5.6 You may cancel the Services at any time.
5.7 During the first 30 days of Services, You are entitled to a
complete refund of all fees paid to us. You will not be entitled
to a refund on this basis if you have previously had an account
with Yak Host. No full refunds or pro rata refunds will be made
after the first 30 days of service should You or Yak Host cancel or terminate
Services.
5.8 Where payment has been made by credit or debit card, any refund
will only be issued to the same credit or debit card.
5.9 On termination of this Agreement or suspension of the Services
we shall be entitled immediately to block your Web Site and to remove
all data located on it.
5.10 In the event of a termination of this Agreement by Yak Host's
supplier, for violation of these terms, the primary domain name(s),
associated with this Agreement, will be removed from the server.
5.11 On termination of this Agreement by Yak Host's supplier,
for violation of these terms, Yak Host reserve the right to reinstate
the Agreement subject to the severity of the violation. In such
circumstances the use of the primary domain name(s), previously
associated with this Agreement, is prohibited. In the event You
are unable to provide suitable primary domain name(s) You will
be
allocated a sub-domain name, in the form username.yakhost.co.uk,
for the remainder of this Agreement.
6. Indemnity
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 sub-clause 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. Law
8.1 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.
9. Headings
9.1 Headings are included in this Agreement for
convenience only and shall not affect the construction or interpretation
of this Agreement.
10. Entire Agreement
10.1 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.