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Terms
and Conditions!
Users and customers
of Services provided by PGHostingUK must accept the terms and
conditions of business set out below.
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
not assume registration of your requested domain name(s) until you
have been notified that it has been registered.
The registration
and use of your domain name is subject to the terms and conditions
of use applied by the relevant naming authority; ICANN in the case
of .COM/NET/ORG and Nominet in the case of domain names ending with
.UK 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. Any administration charge paid by you to us shall be non-refundable
notwithstanding refusal by the naming authority to register your
desired name.
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 naming authority
but will not be obliged to take part in any such dispute.
We shall not
release any domain to another provider unless full payment for that
domain has been received by us. 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.
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.
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.
If you fail
to pay any sums due to us as they become due, we may suspend the
Services and/or terminate this Agreement forthwith without notice
to you.
If you break
any of these terms and conditions and you fail to correct the breach
within thirty (30) days following written notice from us specifying
the breach, we may terminate this Agreement forthwith.
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 terminate
this Agreement forthwith.
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. We shall be entitled to delete all such data but we may,
at our discretion, hold such data for such period as we may decide
to allow you to collect it at your expense, subject to payment in
full of any amounts withstanding and payable to us.
::Refund
Policy
If you are unhappy
with any aspect of our service, please contact our support department
who will attempt to rectify the situation. Because we are providing
a service, which starts when you create the account, we can not
provide a refund except when the service has not been acceptable.
This is at our discression only.
Refunds are
not available for .COM, .NET, .ORG or any other domain names, SSL
Certificates, Domain Transfer In fees, Domain Transfer Out fees,
or any other products or services provided by PGHostingUK through
other companies
No refunds will
be made if we terminate your hosting or other services due to violation
of our Acceptable Use Policy or any other violation of our Terms
and Conditions, except as may be provided therein. This does not
affect your statutory rights.
::5 Day Money
Back Guarantee
We aim to make
your hosting experience as pain free as possible. If you are unsatisfied
with the service we offer, or simply no longer require your account,
we will refund you your payment in full subject to the following
conditions:
Refunds are
not available for .COM, .NET, .ORG or any other domain names, SSL
Certificates, Domain Transfer In fees, Domain Transfer Out fees,
or any other products or services provided by PGHostingUK through
other companies.
We reserve the
right to refuse a refund should we feel necessary.
::Web Hosting
These Terms
of Service and Acceptable Use Policies ("Terms and Policies")
are an essential part of your relationship with PGHostingUK.
By using your PGHostingUK account, you agree to all of the Terms
and Policies set out in this document.
::General
Terms and Policies
The Service
is provided to authorised persons or organisations (referred to
in this document as "Subscriber" or "you").
Any use of the service is subject to any restrictions listed below.
By using the Service, you agree to be bound by all of theses Terms
and Policies. If you do not agree to be bound by these Terms and
Policies, you must cancel your account immediately and may not thereafter
use or attempt to use the Service.
Coverage
- If you are an individual Subscriber, these Terms and Policies
apply to all persons who gain access through your account. If you
are a commercial Subscriber, these Terms and Policies apply to all
your employees, agents and/or customers. In either instance, a violation
of these Terms and Policies by anyone using your account will be
treated as a violation by you.
Prices
and Charges - PGHostingUK provides the use of Helm Control
Panel and domain control panel to you free of charge, but if through
misuse or through abuse on your part we incur any charges, we reserve
the right to pass these charges on to you.
Late Payments
- PGHostingUK will suspend accounts if no payment has been
received within 14 days from the date of the invoice. Once an account
is suspended it will remain this way until payment is received plus
£2.50 admin charge to re-instate the account. Should no payment
be made within 31 days of the invoice date the account may be deleted
and all backups destroyed.
Term -
The Service is provided to you for as long as you wish to use it,
however we withhold the right to terminate the service if you use
it in a way that violates the terms of use.
Grounds
for Suspension and Termination - You agree to comply with
these Terms and Policies. Any violation of either, these Terms and
Policies or the other rules, regulations or policies noted above
may serve as cause for PGHostingUK to suspend or terminate your
account. You agree that PGHostingUK has the right, with or without
notice, to suspend or terminate your account upon the first or subsequent
occurrence of any of the following:
Using the Service
in a way, which constitutes violation of any applicable statute,
law, court order, tariff, regulation, or treaty (including, but
not limited to, intellectual property, communications, privacy,
criminal and international law)
Using the Service to host adult material, whether it is legal or
not, we do not support it on our services
Using the Service in a manner intended to abuse or violate the privacy
or property rights of others, including but not limited to sending
of unsolicited bulk e-mail ("spamming"); this ground for
suspension or termination is separate from and in addition to the
fees which will result from such activity
Using the Service in an attempt to break security, or so as to actually
break security of any computer network (including the Service itself),
or to access an account, message, or file which does not belong
to you
Using the Service in such a way as to forge or mis-represent headers,
addresses, or other identification in electronic mail or websites,
or using any other method to disguise the sender's identity or location
Excessively using the Service in such a way as to limit the bandwidth
available to others
Using the Service to operate server programs, including, but not
limited to mail servers, IRC servers, game servers, ftp servers,
Web servers, or streaming audio/video servers
Using the Service to promote or solicit competing Internet services
Using the Service for unauthorised relays through any third party
systems
Attempting, in any way, to interfere with or deny service to any
user or any host on the Internet
Using the Service for mail bombing, which includes any instance
where multiple messages are sent to a specific destination with
the intent to render the recipient and/or the electronic system
serving that recipient dysfunctional
Using the Service to add or attempt to add addresses to any mailing
list (yours or a third party's) without the explicit positive consent
of the addressee(s)
Using the Service to forward or post "chain letters" (multiple
forwarding) of any type
Attempting to cancel, supersede, or otherwise interfere with email
other than your own
Engaging in harassment, whether through language, frequency, or
size of messages, either with email or website content
Using the Service to engage in syn flood attacks, which are defined
as overburdening a recipient computer system by sending a high volume
of spurious data which effective impedes or totally disables functionality
of the recipient system(s), or any other methods of denial-of-service
attacks
Furnishing false data on your sign-up form, contract, or online
application, including providing fraudulent credit card or other
payment information
No bill credit will be given for a period of suspension. In the
event of termination of your use of the Service under this section,
PGHostingUK may at its sole discretion retain any or all amounts
you have paid for use of the Service as liquidated damages for your
actions.
Security
- You agree not to access or attempt to access private areas
of the Service. You agree to notify PGHostingUK as soon as you become
aware of an unauthorized use of your account and/or any breach or
attempted breach of security on the Service.
Intellectual
Property - PGHostingUK does not undertake to examine or
review messages, files, or other materials, which are accessible
through, pass through, or reside on the Service. Complaints regarding
alleged copyright infringement can be sent to abuse@pghostinguk.com
Continuing a
specific identification of the allegedly infringing material and
the location(s) on PGHostingUK's facilities where the materials
are to be found. Upon receipt of such written notice, PGHostingUK
will expeditiously remove or block access to the allegedly infringing
material, and provide notice to the person who had posted that material.
If PGHostingUK receives a notification from that person indicating
that the claim of infringement was based upon mistake or misidentification,
PGHostingUK will send you a copy of that notification. Unless
you notify PGHostingUK of appropriate court action to restrain
the alleged infringement, the challenged material will then be restored
or other wise made accessible again.
Liability
- You agree that use of the Service is at your own risk.
Except for information, products, or services clearly identified
as being supplied by PGHostingUK, neither PGHostingUK nor any of
its affiliate controls, provides, operates, or is in any way responsible
for any information, products, or services accessible through the
Service. PGHostingUK neither endorses nor is responsible for the
accuracy of third-party material(s), and you agree that PGHostingUK
is not responsible for any loss or damage caused by your use of,
or reliance on, such material(s). You understand and agree that
you have sole responsibility for your posting of any information
or material to any site or newsgroup on the Internet, including
but not limited to postings to Web sites, whether residing on PGHostingUK
equipment or not, postings to newsgroups, and participation in any
on-line chat sessions. You agree to indemnify and hold harmless
PGHostingUK and its employees, and other customers and subscribers
from and against any claims, losses, costs, liability, damages or
expenses arising out of your postings.
You agree that,
should you use the Service to send or receive voice communications,
PGHostingUK is not acting as a telecommunications carrier or
telephone company, that there is no representation made by PGHostingUK as to the suitability of the Service for such use, and that
all risk of connection, transmission quality, and accuracy of communications
is solely on you, and that PGHostingUK has no liability of any
sort for the failure or lack of quality of such use of the Service.
You agree to
be liable for any damages or loss of service which results in damages
to PGHostingUK as a result of any spamming or other violations
of Section 5 above. These damages include, but are not limited to,
system shut downs, retaliatory attacks or data flooding, and loss
of peering arrangements. You agree that PGHostingUK may pursue
any such claims against you in Court.
You agree that
in no event will PGHostingUK have financial liability to you.
Warranty - PGHostingUK HOSTING MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING
WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY
SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS
OF WHAT YOU MAY HAVE TOLD PGHostingUK ABOUT YOUR INTENDED USE
OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY PGHostingUK
OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE
PROVISIONS OF THIS SECTION.
THE SERVICE
AND ANY SOFTWARE PROVIDED TO YOU BY PGHostingUK ARE PROVIDED
ON AN "AS IS, AS AVAILABLE" BASIS; PGHostingUK DOES
NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR
THAT DEFECTS WILL BE CORRECTED. PGHostingUK DOES NOT GUARANTEE
THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED
ON THE SERVICE.
Content
- You understand and agree that information and access available
through the Service may include controversial, sexually explicit,
or other material that may be offensive to you or users for whom
you are responsible. PGHostingUK has no responsibility for or control
over such materials, and you take sole responsibility for using
any available screening software or other methods of limiting access
(specifically including the access of minors) to any material you
may find objectionable.
Privacy
- PGHostingUK will not provide names, addresses, telephone
numbers, email addresses, or other personally identifiable information
on any Subscriber to any third party without prior permission from
that Subscriber, or as required under an appropriate court or administrative
directive, including a facially valid subpoena, or as necessary
to render the Service. PGHostingUK may provide aggregate data on
Subscribers to third parties in the operation of PGHostingUK's business.
Disputes
- You agree that any dispute between you and PGHostingUK
arising out of your use of the Service on in any way based upon
your subscription to and/or use of the Service which cannot be resolved
between you and PGHostingUK will be submitted by the aggrieved party
for binding arbitration under the auspices of the English law.
Governing
Law - These Terms and Policies are governed in all respects
under English laws.
Amendments.
These Terms and Policies may be amended in any respect at any time
by PGHostingUK upon the posting of the amended Terms and Policies
on the terms of use section of the Service. Your continued use of
the Service will be deemed consent to any such amended Terms and
Policies. If you do not wish to continue to use the Service as a
result of any such amended Terms and Policies, you may provide notice
of your wish to terminate your use of the Service to PGHostingUK
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