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General Terms
- We do not allow Adult, Warez, illegal
MP3 Sites or IRC Bots.
- You may not store more data
in your account than your allotted virtual server space.
- Your virtual hosting account (inc
FTP access) is for your personal use only. You must not
divulge the password to any other person, and you should
take reasonable precautions to ensure that it is not discovered
by other people.
- Data stored on our servers
is not guaranteed to be backed up. You must keep an independent
backup of all data stored on your virtual hosting account
including web pages, data, emails and MySQL databases.
- You may not run server processes
(eg. talkers/IRC Bots).
- You must not adversely impact performance
or integrity of server resources that affect the server
as a whole or other customers' websites. For example, this
includes CGI scripts and MySQL data access.
- We shall not be held liable
for any loss or damages caused by the use or misuse, unavailability
or removal of services or data loss.
- When your account is closed,
all files (including web pages, etc.) will be deleted.
- We reserve the right to
cancel your account at any time without notice.
- We reserve the right to
amend and update these Terms and Conditions at any time
without notice.
- To protect your privacy
we never distribute your name or e-mail address to any third
parties.
- Users must not participate
in any form of unsolicited emailing or spam.
- By logging into your account,
or uploading files to it, you are indicating your acceptance
of these Terms and Conditions. Top
Contact
Information and Communication
- All communication from Way to the Web
Ltd to you, including invoices, will be via email or our
online helpdesk. You will be responsible for providing a
contact email address to be used for this communication.
It is your responsibility to notify us of any changes to
this contact email address.
- We recommend providing an alternative email
address where you can be contacted in case your account
or the service is suspended or temporarily unavailable.
Top
Technical
Support
- All Technical support will be provided via
our online helpdesk. Top
Refunds
- If you take out one of the yearly packages
we expect you to commit for this period of time. Because
of your commitment, we offer a discount on the normal monthly
price of our accounts. If you cancel your account within
your service period then Way to the Web Ltd will not make
any refunds on any unused portions of your account. While
we do not offer refunds for pro-rated service (beyond our
30 day money back guarantee which is applicable to some
accounts only) you have no obligation to continue using
our service.
- Our 30 day money back guarantee (applicable
to some accounts only) excludes the refund of domain name
registration fees or hosting account set-up fees. Top
The Control
Panel
- Any attempt to use the Control Panel for purposes
other than its intended use will result in your account
being terminated.
- Any attempt to obtain the source code and
internal functionality of the Control Panel will result
in legal action. Top
Bandwidth (Data
Transfer)
- If your bandwidth reaches the point where
it has an adverse affect on other clients we reserve the
right to disable your site until you can reduce your bandwidth
usage.
- Each virtual server includes a nominated amount
of bandwidth, if you use more than this amount then you
agree to pay for this bandwidth at a rate of 5p (five pence)
per 1 MB. Top
Web Pages
- Commercial use of web and ftp space is permitted.
- You will be responsible for the content of
your pages, including obtaining the legal permission for
any works they include and ensuring that the contents of
these pages do not violate UK law.
- You will be held responsible for and accept
responsibility for any defamatory, confidential, secret
or other proprietary material available via your page(s).
- We reserve the right to remove material deemed
inappropriate from your web pages, without prior notice.
Way to the Web Ltd do not allow adult, warez or illegal
MP3 web sites on their servers. Top
Credit
- If your account/service is activated before
payment is made then payment must be sent in full by return.
- If payment is not made in full within 14 days
your account may be deactivated. Top
Legal Terms and Conditions
Introduction
Way to the Web Ltd strives to offer all
its clients a reliable and excellent level of service. If
you have any queries we would like to hear these. Please e-mail
us at sales@waytotheweb.com or see the "Contact Us" section
at the Site for other contact details.
Definitions
In these conditions, unless the context
requires otherwise, the following words shall have the following
meanings:
- "Client" or "you" means the person, firm or
company that has requested any Services;
- "Conditions" means the standard terms and
conditions of sale set out herein;
- "Contract" means any contract for the provision
of the Services;
- "IPRs" means any and all intellectual property
rights including without limit any and all patents, design
rights, database rights, copyright, know-how, moral rights,
trade secrets, confidential information, trade marks, service
marks, trade names and goodwill;
- "Way to the Web Ltd" or "we" means Way to
the Web Ltd;
- "Netiquette" means generally accepted standards
for use of the Internet such as but not limited to sending
bulk unsolicited e-mail, mail bombing, misrepresenting that
you have third party authorisation and impersonating another
person;
- "Server" means the computer servers used to
provide the Service;
- "Services" means any services supplied or
to be supplied by Way to the Web Ltd (which may include
without limit E-mail Forwarding, E-mail, POP accounts, e-commerce,
Web Site Hosting, FTP access, Domain Name Registration)
as described in the quote or acknowledgement of order issued
by Way to the Web Ltd or as may be agreed from time to time;
and
- "Site" means the Internet web site at www.waytotheweb.com.
Top
Acceptance
of Terms
- The Conditions set out the only terms on
which Way to the Web Ltd is prepared to provide you with
the Services. The Conditions shall apply to all Contracts
and by using the Services you accept this. All other terms
and conditions (other than those which are agreed in writing
between us) are excluded to the fullest extent permitted
by law. Way to the Web Ltd reserves the right to review
and revise the Conditions from time to time without prior
notice and, by using the Services subsequent to any revision
of these Conditions, you agree to be bound by such changes.
Please review the following link on a regular basis for
changes at http://www.waytotheweb.com/terms.htm.
Top
Registration
- Where appropriate, you agree to provide such
information about yourself as prompted by the Service's
registration form and ensure that it is at all times true,
current, accurate and complete. If it is not or we reasonably
suspect it is not true, current, accurate and complete then
we shall be entitled to terminate the Contract or suspend
the Services until such time as we determine. Top
Security
- You must inform us immediately if you have
any reason to believe that any username or password has
become known to someone not authorised to use it or if any
username or password is being or is likely to be used in
an unauthorised way or of any other breach of security.
- We are not liable for any loss of confidentiality
or for any damages arising from your failure to comply with
these terms. You will be entirely liable for all activities
conducted and charges incurred under your username or password
whether authorised by you or not.
- If you forget any username or password you
should contact us and subject to you satisfying certain
security checks you will be given a new password to enable
you to use the Services. Top
The Services
- The Services shall be as described in the
Site and such other material as Way to the Web Ltd provides
to you from time to time. We reserve the right at any time
and from time to time to amend, improve, correct, discontinue,
temporarily or permanently, the Services (or any part thereof)
with or without notice and you agree that Way to the Web
Ltd shall not be liable to you or to any third party for
any such modification, suspension or discontinuance. We
will restore the Service as soon as reasonably practicable
after temporary suspension.
- Unless otherwise agreed in writing by Way
to the Web Ltd, the minimum period for the provision of
the Services is 3 months from date on which they are first
made available to the Client (the "Initial Term") and shall
continue thereafter for further periods of 3 months (each
being a "Renewed Term") unless and until the Client serves
at least one month's written notice on Way to the Web Ltd
prior to the expiry of the Initial Term or a Renewal Term,
such notice to expire at the end of such Initial or Renewed
Term.
- Way to the Web Ltd shall be entitled to restrict
bandwidth made available to the Client at any time in order
to protect all and any Internet solutions provided by Way
to the Web Ltd from time to time when necessary.
- Way to the Web Ltd shall use its reasonable
endeavours to ensure that the Servers and the data contained
therein are safeguarded from damage, accident, fire, theft
and unauthorised use. Top
Registration
of Domain Names
The following shall apply where the Services
include or consist of domain name registration services:
- i)The Client acknowledges that, whilst Way
to the Web Ltd shall use its reasonable endeavours to successfully
register the requested domain name, Way to the Web Ltd shall
not be obliged to accept any request to register or continue
to process any registration of a domain name.
- ii) The obligations of Way to the Web Ltd
in relation to domain name registration shall be limited
to forwarding the application to the relevant naming authority,
providing reasonable administration services in relation
to the application and notifying the result of the application
within a reasonable period after communication from the
authority. Way to the Web Ltd will use reasonable endeavours
to notify you of any renewal dates however Way to the Web
Ltd accepts no liability for any use or retention of any
domain name which is registered.
- iii) Way to the Web Ltd makes no representations
or warranties (expressed or implied) of any kind (and they
are expressly disclaimed) with respect to availability or
likelihood of successful registration of any domain name.
- iv) The Client shall check the domain name
as reported on any of the Company's documents sent to the
Client, such as the invoice, customer information sheet
or otherwise, is spelt correctly. In the event of any error,
the Client should notify the Company promptly and in any
event within 24 hours of receiving such document.
- v) The Client shall at all times comply with
the terms and conditions (from time to time subsisting)
for the registration of domain names published by the relevant
naming authority and generally to the terms and conditions
of any such authority having similar force and to which
the client may become subject as a result of services provided
by Way to the Web Ltd. (For example, for .UK domain names
see Nominet;
for international domains such as .COM and .ORG see Joker.)
- vi) Way to the Web Ltd may from time to time
change the registrar that a domain is held with. The Client
agrees to allow Way to the Web Ltd to do so as it sees fit
and without notice.
- vii) Way to the Web Ltd will provide domain name service
and reasonable administration services in relation to the
domain only if the domain points to a web hosting account
with Way to the Web Ltd or is parked against Way to the
Web Ltd's web servers, in which case the domain name registration
renewal must be purchased from Way to the Web Ltd in order
for this service to be provided.
- viii) Any .UK domains hosted or parked against Way to the
Web Ltd's web servers must be transferred to our Nominet Tag (WTTW) or registered
through us initially, and must be renewed through us. Top
Obligations
of the Client
The Client agrees that it shall:
- i) immediately notify Way to the Web Ltd if
it becomes aware of any unauthorised use of all or any of
the Services and/or Servers;
- ii) not use the Services and/or Servers for
any unlawful purpose or for the publication, linking to,
issue or display of any unlawful material (which shall include
without limit any pirated software or any material which
is obscene, pornographic, threatening, malicious, harmful,
abusive, harmful, defamatory or which breaches the rights
(including without limit IPRs) of any third party or which
is or encourages criminal acts or contains any virus, worm,
trojan horse or other harmful code) whether under English
law or regulation, the laws or regulations of the Clients
country or any other place where the results of such purpose
or such material can be accessed;
- iii) not use the Services and/or Servers for
the publication, linking to, issue or display of any material
which in the absolute discretion of Way to the Web Ltd may
harm Way to the Web Ltd or any of its clients or bring Way
to the Web Ltd into disrepute or may call into question
any action taken by Way to the Web Ltd on the Client's behalf;
- iv) not use the Services and/or Servers in
breach of good Netiquette practices;
- v) ensure that it has all necessary consents,
permissions and licences to make use of the Services including
without limit registration under the Data Protection Act
1984 and 1998;
- vi) not provide any technical or other information
obtained from Way to the Web Ltd and/or relating to the
Services or the Contract to any person, company, firm or
government which the Client knows or ought reasonably be
aware may directly or indirectly lead to a breach of any
English law or regulation;
- vii) not, in breach of good Netiquette practices,
use any service provided by any third party (including without
limit an Internet web site and/or e-mail) for the publication,
linking to, issue or display of any material which refers
to an Internet web site hosted by Way to the Web Ltd or
any other services offered by Way to the Web Ltd from time
to time;
- viii) ensure that all material or data hosted
by Way to the Web Ltd on any web site operated by the Client
from time to time or communicated through such site or using
the Servers is checked for viruses and other harmful code;
- ix) keep back ups of all data hosted by Way
to the Web Ltd on any web site operated by the Client from
time to time; and
- x) promptly notify Way to the Web Ltd of
any change to its communication address (including email
address) and the Client acknowledges that Way to the Web
Ltd shall not be liable for any costs, damages or loss
which the Client may suffer or incur as a result of failure
to notify such changes to Way to the Web Ltd.
- The Client acknowledges that in order to make
proper use of the Services it should have a basic knowledge
of how the Internet functions and what types of use are
and are not acceptable. The Client acknowledges that Way
to the Web Ltd shall have no obligation to:
a) manipulate any material which the Client wishes and/or
does post on any web site it operates or any communication
which it issues or sends in connection with any of the Services;
or
b) validate or vet such material for usability, legality,
content or correctness. Top
Price
- The current price payable for the Services
shall be published on the Site from time to time and confirmed
at the time you request us to provide any of the Services.
The price is non-refundable. Way to the Web Ltd shall be
entitled to vary its prices from time to time however we
shall give you at least one month's notice of such increase
and if you are not satisfied with such increase then you
will be entitled to terminate the Contract by giving us
written notice within one month of the date of the variation
notice failing which you shall be deemed to have agreed
to the variation.
- The price covers permitted bandwidth (monthly
transfer limit) as stated on the Site. If you exceed this
limit then Way to the Web Ltd reserves the right to make
additional charges for usage above the limit at the prevailing
charge rate as stated on the Site. We will endeavour to
let you know if your bandwidth use exceeds the agreed level
however it is your responsibility to monitor the bandwidth
being used by you from time to time via your online Control
Panel.
- If, for any reason, there is contention relating
to payment for our services, Way to the Web Ltd reserves
the right, in any case, to charge an administration fee
of £40+VAT to cover costs. Top
Payment
- The price and all other amounts due under
the Contract shall be paid by the Client by the due date
and in the currency as specified in Way to the Web Ltd's
invoice. Payment shall only be deemed received by Way
to the Web Ltd upon receipt of cleared funds. Payment
shall be made in full without any abatement, set off or
deduction on any goods.
- Where the Services include or consist of
registration of domain name services, payment must be
made in advance.
- It is of the essence of the Contract that
the Contract price and all other amounts due from the
Client under the Contract are paid on time. You shall
be responsible for any and all expenses incurred by Way
to the Web Ltd in recovering overdue amounts.
- Post-dated cheques will
not be accepted.
- Failure to settle all amounts within 7 days
of the due date may result in withholding of further Services
and/or suspension of existing Services. Failure to settle
all amounts within 14 days of the due date may result in
the deletion of the hosting account (including any email
and/or web pages stored on the server). Re-creation of
deleted hosting accounts will incur a fee of £35
plus VAT. Top
Intellectual
Property
- All IPRs relating to the Services provided
by Way to the Web Ltd are and shall remain the property
of Way to the Web Ltd. All rights in the design and arrangement
of the Site, text and graphics and all software compilations,
underlying source code, and all other material on the Site
are reserved to of Way to the Web Ltd or its licensors.
Except as expressly provided below, nothing contained in
these terms of use or on the Site shall be construed as
conferring any license or right, by implication, estoppel
or otherwise, under copyright or other IPRs. Top
Indemnity
- The Client agrees to fully indemnify and keep
Way to the Web Ltd, its subsidiaries, affiliates, officers,
partners, employees and agents fully indemnified from and
against all actions, demands, costs (on a fully indemnity
basis), losses, penalties, damages, liability, claims and
expenses (including but not limited to legal fees) whatsoever
arising from your breach of the Contract, your use or misuse
of the Services, any claims by third parties as to ownership
or other rights to use a Domain Name where one has been
registered by or transferred to Way to the Web Ltd at your
request or arising in any way by the Client infringing (whether
innocently or knowingly) third party rights (including without
limit intellectual property rights). Top
Disclaimer
- Nothing in the Contract or these Conditions
shall exclude or limit the liability of Way to the Web Ltd
for death or personal injury resulting from its negligence
or fraudulent misrepresentation nor affect the statutory
rights of consumers.
- To the fullest extent permitted by law the
Site and its contents is provided by Way to the Web Ltd
on an "as is" and "as available" basis and no representations
or warranties (expressed or implied) of any kind are made
(and they are expressly disclaimed) with respect to the
Services, the Site or its contents including, without limit,
warranties of merchantability and fitness for a particular
purpose. Further, Way to the Web Ltd does not represent
or warrant that: (i) the Services will meet your requirements;
(ii) the Services will be uninterrupted, timely, secure,
or error-free; (iii) any results obtained from using the
Services will be accurate, complete or current.
- You acknowledge that the allocation of risk
in this contract reflects the price paid for the Services
and that it is not within the control of Way to the Web
Ltd how or for what purposes the Services are used. If any
exclusion in this license is held to be invalid and Way
to the Web Ltd becomes liable for loss or damage that may
lawfully be limited then such liability shall be limited
to the amount paid by you for the Services.
- Way to the Web Ltd shall have no liability
to the Client for any loss arising from any material, data
or instructions supplied whether digitally or otherwise
by the Client or on its behalf which is incomplete, inaccurate,
illegible, out of sequence or in the wrong form or arising
from late arrival or non-arrival or any other fault by the
Client or on its behalf.
- Way to the Web Ltd is not responsible for
any delay, malfunction, non performance and/or other degradation
of performance of any of the Services caused by or resulting
from any alteration, modification and/or amendments due
to changes and specifications requested or implemented by
the Client whether or not beyond the Services already supplied.
Way to the Web Ltd reserves the right to raise additional
charges for any work so arising.
- If any Services are or become unavailable
then Way to the Web Ltd will use reasonable endeavours to
repair and reinstate the service within 24 hours of detection
depending on the severity of the failure. If failure is
caused by the Client or any agent of the Client to whom
access to Servers was given then the Client shall pay all
costs to reinstate and/or repair the Server. Where such
unavailability is due to the negligent failure of Way to
the Web Ltd to deal with circumstances within its control
and is for more than a total of 24 hours in any 30 day period
or for any 6 consecutive hour period then Way to the Web
Ltd will at its discretion either pay to you compensation
limited to a refund of the fee paid by you for the unavailable
Services or provide you with a credit up to the same amount.
- Neither Way to the Web Ltd nor anyone else
who has been involved in the creation, production or supply
of the Services shall be liable to the Client or any other
person for any loss in contract, tort (including negligence
or breach of statutory duty) or otherwise howsoever and
whatever the cause thereof by reason of or in connection
with the Contract or the Services for any:
(i) economic loss of any kind whatsoever, or
(ii) loss of profit, business contracts, revenues or anticipated
savings, or
(iii) damage to the Client's reputation or goodwill, or
(iv) loss resulting from any claim made by any third party,
or
(v) special, indirect or consequential loss or damage of
any nature whatsoever, and the Client shall indemnify Way
to the Web Ltd from and against any claim which may be made
against Way to the Web Ltd in respect thereof. Some jurisdictions
do not allow the exclusion or limitation of implied warranties
or of liability for consequential or incidental damages
and therefore the above may not apply to you.
- If Way to the Web Ltd is prevented or delayed
in or from performing any of its obligations under the Conditions
or the Contract due to circumstances beyond its control
such as but not limited to governmental acts, war, riots,
strikes or trade disputes (including by and with our own
employees), technical failure, general availability of the
Internet, power failure, communications failure, weather,
flood, fire or explosion, natural or local emergency Way
to the Web Ltd shall not be liable for this. Top
Confidentiality
- All confidential information of either party
or of any of its customers disclosed to or discovered by
the other as a result of the provision of the Services shall
be regarded as disclosed in confidence and shall only be
used in connection with the performance of its obligations
under the Contract and not be passed on to third party and/or
in any way be made use of at any time either during or after
the termination of the Contract save with consent of the
other or which comes into the public domain (otherwise than
through the unauthorised disclosure by the other).
- The Client shall promptly notify Way to the
Web Ltd if it becomes aware of a breach of confidence in
relation to the Services and/or the Contract and shall give
Way to the Web Ltd all reasonable assistance in connection
with any proceedings Way to the Web Ltd may institute against
a third party at Way to the Web Ltd's expense. Top
Privacy
- The information you provide to us will
be stored on computer. We are committed to protecting your
privacy. We and any of our associated companies may use
the information you provide us to provide a more personalised
service and to tell you about changes in our and their service
or any new services which we think you will find valuable.
If you object to any of these uses at any time, then please
inform us by writing to Way to the Web Ltd at the address
set out in the "contact us" section at the Site. We may
also use such information where and to the extent of any
requirement to comply with any applicable law, legal process
or to enforce any of these Conditions.
- We will not monitor, edit or disclose the
contents of any private communications transmitted via the
Servers unless required to do so by law or in the good faith
belief that such action is necessary to conform or comply
with applicable law, to protect and defend the rights and/or
property of Way to the Web Ltd or to protect the personal
safety of any of our clients or the public. Top
Termination
The Contract may be terminated:
- i) immediately by Way to the Web Ltd if the
Client fails to pay any sums due hereunder within 14 days
of their due date;
- ii) immediately by either party to the other
if the other commits any material breach of any these conditions
and which (in the case of a breach capable of being remedied)
has not been remedied within a reasonable time period as
may be specified in a formal request in writing or by electronic
e-mail to remedy the same;
- iii) immediately by written notice from Way
to the Web Ltd if the Client commits any material breach
of any these conditions which may impact the Services or
Servers of Way to the Web Ltd or the ability of Way to the
Web Ltd to provide the services;
- iv) immediately by either party if the other
shall convene a meeting with its creditors or if a proposal
shall be made for a voluntary arrangement within part 1
of the Insolvency Act 1986 or a proposal for any other composition
scheme of arrangement with (or the assignment for the benefit
of) its creditors or if the other shall be unable to pay
its debts within the meaning of Section 123 of the Insolvency
Act 1986 or if a trustee receiver or administrative receiver
or similar officer is appointed in respect of all or any
of the business or assets of the other party or if a petition
is presented or a meeting is convened for the purpose of
considering a resolution or any other steps are taken for
the winding up or the making of an administrative order
(otherwise than for the purposes of a solvent amalgamation
or reconstruction).
- In the event that Way to the Web Ltd is entitled
to terminate the Contract for any reason then it shall in
the alternative at its sole discretion be entitled to suspend
the Services for such period as Way to the Web Ltd shall
determine.
- Upon termination or expiry of the Contract
all amounts payable by the Client to Way to the Web Ltd
shall become immediately due and Way to the Web Ltd shall
be entitled to immediately cease the provision of the Services.
Top
Foreign Jurisdictions
- The Site may contain references or cross references
to services that are not available in every country. We
do not represent that all Services and content, materials
and services on the Site are appropriate or available for
use in all geographic locations, and accessing such from
certain locations may be illegal and prohibited. Your access
to the content, materials and services on the Site from
such locations is at your own initiative and we are not
responsible for your compliance with local laws or other
applicable laws. You will not access the foregoing if prohibited
by law.
- Any translation of these Conditions into
a language other than English is for the convenience of
the Client only and it is agreed that the English language
version of these Conditions at http://www.waytotheweb.com/terms.htm
shall be relied on by the parties and shall prevail in
the event of any differences. Top
Miscellaneous
- Any failure or delay by either party in exercising
any rights or remedy will not constitute a waiver.
- Any notice or other communication to be given
by a party under this Agreement must be in writing and must
be given by delivery at or sending by first class post or
by E-mail or facsimile transmission to the last known postal,
E-mail address or relevant telecommunications number of
the other party. Notices shall be deemed to have been received
when in the ordinary course of the means of transmission
it would be received by the addressee. To prove the giving
of a notice it shall be sufficient to show it was despatched.
A notice shall have been effect from the sooner of its actual
or deemed receipt by the addressee.
- Any termination of this Agreement shall be
without prejudice to any other rights or remedies which
a party may be entitled to hereunder or at law and shall
not effect any previous rights or liabilities of either
party nor the coming into or continuance in force of any
provision hereof which is expressly or by implication intended
to come into continue in force upon or after such termination.
- If any provision of these Conditions is held
by any competent authority to be unlawful, invalid or unenforceable
in whole or in part then the provision shall be deemed to
be severable from the remaining provisions and shall not
affect their validity or enforceability.
- Your use of this Site and the Contract will
be governed by English Law and will be deemed to have occurred
and been made in England. If you have any disputes with
us or any other aspect of the Site then these will be exclusively
resolved in the English Courts.
- The Client shall not share, re-sell or attempt
to share or re-sell the Services, transfer or attempt to
transfer this Contract or permit any third party to use
and/or access any of the Services for any purpose without
prior consent of Way to the Web Ltd. Top
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