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Halleynet Web Media Terms and Conditions

You indicate acceptance of these terms and conditions of service by placing an order with Halleynet Web Media. These terms and conditions may be varied for individual customers on negotiated agreement.
These tems and conditions should be read in conjunction with the Terms and Conditions of service of Heart Internet Ltd which can be accessed at http://www.heartinternet.co.uk/termshi.shtml

1.DEFINITIONS

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

1. "downtime" means any service interruption in the availability to visitors of the Website;
2. "intellectual property rights" means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registerable or not in any country;
3. "Halleynet" means Kenneth Halley Trading as Halleynet Web Media
4. “Heart Internet” means Heart Internet Ltd.
5. "IP address" stands for internet protocol address which is the numeric address for the server;
6. "ISP" stands for internet  service provider;
7. "server" means the computer server equipment operated by Halleynet Web Mediain connection with the provision of the Services;
8. "the Services" means web hosting, domain name registration, email and any other services or facilities provided by Heart Internet.
9. "spam" means sending unsolicited and/or bulk emails;
10. "virus" means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without  limitation computer programs commonly referred to as "worms" or "trojan horses";
11. "visitor" means a third party who has accessed the Website;
12. General product details may be found at www.halleynet.co.uk Full details are available on request.
13. Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.

The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.

2. INTRODUCTION

1. The Customer wishes to provide Halleynet Web Media with data that will be hosted on Heart Internet's  servers and made accessible via the Internet.
2. Halleynet Web Media provides web hosting services via wholesale suppliers and has agreed to host the Customer's data upon the following terms and conditions.

 

3. DUTIES

1. Halleynet Web Media shall provide to the Customer the Services specified in their order subject to the following terms and conditions.
2. The Customer shall deliver to Halleynet Web Media the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or Halleynet Web Media("the Customer Software), in a format specified by Heart Internet.

4. CHARGES AND PAYMENT

1. Halleynet Web Media only accept cheques, bank transfers, and cash. PayPal payments may also be accepted on request.
2. The Charges are inclusive of VAT, which if payable shall be paid by the Customer.
3. Halleynet charge for Web design services and development on a per case basis and hosting on a per annum in advance basis. Annual fees are non refundable upon early cancellation.
4. Halleynet will provide notice to clients when their domain is due for renewal (usually bi annually  but can be less frequent). If the client fails to pay renewal dues, Halleynet will take no responsibility in maintaining administration of the domain on the clients behalf.
5. Halleynet Web Media shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
6. Halleynet Web Media do not provide credit facilities.
7. Pro-rata refunds will not be issued for yearly services that are cancelled before then end of the year.
8. All services will renew until cancelled by the customer. Halleynet Web Media mails the customers primary email address prior to renewal of services, it is the customers responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Customers must notify us at least 144 hours before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by you before your account is cancelled.

5. IP ADDRESSES

1. Halleynet Web Media have no responsibility for the maintenance of IP addresses associated with hosting accounts. Such IP addresses are the property of Heart Internet Ltd and out with the control of Halleynet Web Media. Halleynet will as far as is reasonably practical, give clients notice of any changes that it becomes aware of which may affect hosting services.
2. Hosting servers may be changed without notice, but this would be done on a no break of service basis.
3. Where a change of wholesale provider takes place Halleynet Web Media would give customers several weeks warning and would allow the customer flexibility in the scheduling of downtime to effect a transfer.
4. Halleynet would retain the right to transfer where no suitable window of opportunity is offered by the customer and when the wholesale agreement is due to expire.
5. Customers retain the right to transfer away from Halleynet at anytime. No refund of annual fees will be paid. Transfer can be affected by the customer through their personal domain control panel at http://domain.<your domain>
6. Halleynet can carry out this service for an admin charge of £10 in advance.
7. All transfer fees are due and payable by the customer.

6. SOFTWARE LICENCE AND RIGHTS

1. If the Customer requires use of software owned by or licensed to Halleynet Web Media ("Halleynet software") in order to use the Services, Halleynet Web Media grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use Halleynet Web Media Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in Halleynet Web Media Software.
2. In relation to Heart Internet's obligations under this Agreement in connection with the provision of the Services, the Customer grants to Halleynet Web Media  royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to Halleynet Web Media any right, title, interest or intellectual property rights in the Customer Software or the Content.
3. The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense Halleynet Web Media Software.
4. Halleynet Web Media may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, Halleynet Web Media shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.
5. Halleynet Web media take no responsibility for the regular back up of customer sites or databases unless specifically contracted to do so.
6. In cases where Halleynet Web Media need to move client data whether in website or database form, we will endeavour to restore all such data to its original condition. Where the client makes changes to data after notification of such a change, Halleynet will take no responsibility in loss arising should the client fail to back up such changes.

7. SERVICE LEVELS AND DATA BACKUP

1. Halleynet Web Media shall in conjunction with its wholesale suppliers, use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, Halleynet Web Media makes no warranties or representations that the Service will be uninterrupted or error-free and Halleynet Web Media shall not, in any event, be liable for interruptions of Service or downtime of the server.
2. Heart internet carries out data backups for use by Heart Internet in the event of systems failure. Halleynet Web Media, nor Heart Internet, do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Halleynet Web Media accepts no responsibility for data loss or corruption.  Clients should take regular off site backups of their own website and database data.
3. Halleynet will carry out offline backups on clients behalf, when contracted to do so.

8. ACCEPTABLE USE POLICY

1. The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:
1. use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
2. send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
3. publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website;
4. threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
5. engage in illegal or unlawful activities through the Services or via the Website;
6. make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data;
7. or obtain or attempt to obtain access, through whatever means, to areas of Heart Internet's network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
8. operate or attempt to operate IRC bots or other permanent server processes.
2. The Customer has full responsibility for the content of the Website. For the avoidance of doubt, Halleynet Web Mediais not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
3. If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 Halleynet Web Media or Heart Internet shall be entitled to withdraw the Services and terminate the Customer's account without notice.

9. ALTERATIONS AND UPDATES

1. All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform Halleynet Web Media or Heart Internet and the password will be changed.
2. Halleynet will without prior notice take down any website which is likely to cause disruption to other clients services, if it believes a site is so doing. Such sites will only be restored when the cause of disturbance is either emove dor rectified.
3. Where a client has purchased a Commercial managed service, halleynet will undertake to run regular off line database backups as well as nightly online backups where deemed necessary.
4. Where a client has purchased a Commercial managed service, halleynet will undertake to provide ad hoc page updates free of charge to the content of a website, where such a site has been designed by halleynet web media. These updates will be limited to around 2 per month or 24 per year. Minor design changes will also be considered or addition of minor features which do not disrupt the existing design. Page additions where a templated page is simply used to expand a site will also be considered though limitations of menu structure may result in this becoming charegable. Work which fundamentally changes the design or structural layout of a page will be chargeable on an hourly basis.

10. WARRANTIES

1. The Customer warrants and represents to Halleynet Web Media that Halleynet’s use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to Halleynet Web Media as set out in Section 6.
2. All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Halleynet Web Media shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.

11. INDEMNITY

1. The Customer agrees to indemnify and hold Halleynet Web Media and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Halleynet Web Media arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.

12. LIMITATION OF LIABILITY

1. Nothing in these terms and conditions shall exclude or limit Heart Internet's liability for death or personal injury resulting from Heart Internet's negligence or that of its employees, agents or sub-contractors.
2. The entire liability of Halleynet Web Mediato the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
3. In no event shall Halleynet Web Mediabe liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Halleynet Web Media had been made aware of the possibility of the Customer incurring such a loss.

13. TERM AND TERMINATION

1. This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.
2. Halleynet Web Mediashall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.
3. Either party may terminate this Agreement forthwith by notice in writing to the other if:

1. the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
2. the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
3. the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
4. the other party ceases to carry on its business or substantially the whole of its business; or
5. the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
6. Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
7. On termination all data held in the customers account will be deleted.

14. ASSIGNMENT

1. Halleynet Web Media may assign or otherwise transfer this Agreement at any time.
2. The Customer may not assign or otherwise transfer this Agreement or any part of it without Heart Internet's prior written consent.

15. FORCE MAJEURE

1. Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

16. SEVERANCE

1. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

17. NOTICES

1. Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.

18. ENTIRE AGREEMENT

1. This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.

19. GOVERNING LAW AND JURISDICTION

1. This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

20.  DOMAIN NAME REGISTRATION

1. Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it Halleynet Web Media will provide a full refund for that domain name.

21. SCRIPTING

1. Halleynet Web Media are not responsible for customer programming issues other than ensuring that underlying support software, i.e . PHP/Perl/MySQL is provisioned to the account where it has been purchased as part of a package.

22. PRIVACY

1. To protect your privacy we will not distribute your details to third parties, unless required to do so by law.

 

23. DATA TRANSFER

1. Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.
2. Web hosting accounts that host file distribution (including but not limited to music, video and software) are limited to a maximum data transfer of 25 GB per month for file distribution.
3. Web hosting accounts are prohibited from hosting adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.

24. SERVER USAGE

1. Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.

 

25. WEBSPACE USAGE

1. Unlimited web space is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account.

26. MAIL BOXES

1. Mail boxes not accessed for 100 days or more will be deleted from the system.