Web Wiz Hosting Services Terms and Conditions
Where the context admits: "We", "Us", "Our", "Web Wiz", includes Web Wiz Limited or any party acting on Web Wiz Limited 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 us in connection with the provision of the Services. "Website" means the area on the Server allocated by us to you for use by you as a site on the Internet. "Network" means the computer equipment owned and operated by us. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
1. Domain Name Registration
1.1. Web Wiz makes 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 therefore not assume registration of your requested 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.
1.3. You shall have no right to bring any claim against us in respect of any refusal to register a domain name by the relevant registration authority.
1.4. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the Registry to register your desired name.
1.5. 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 Registry but will not be obliged to take part in any such dispute.
1.6. We shall not release any domain to another provider unless full payment for that domain has been received by us.
1.7. We shall not release any domain to another provider within the first 60 days of registration, transfer, or renewal. The Admin Contact Email Address may also be set to our own during this time.
1.8. If the domain name registration or transfer was made under a "free domain registration/transfer" offer fees may be applied if: -
1.8.1. You want to transfer the domain name away from Web Wiz.
1.8.2. You want to use the domain name with the services of another provider.
1.8.3. If you are no longer subscribed to the services that were taken out as part of the "free domain registration/transfer" offer.
1.8.4. You want to renew or extend the domain name registration period.
1.9. The renewal of .eu and .de domain name registrations MUST be explicitly made by the 14th day before the expiration date of the domain name's registration period. After this date .eu domain names can NOT be renewed. Web Wiz can not be held liable if you fail to renew the registration of a .eu domain in accordance to this condition.
1.10. Redemption fees may apply to renew domain name registrations that are not renewed before the expiration date of the domain name's registration period.
1.11. Web Wiz can not be held liable for any loses incurred as a result of failure to complete or renew the registration of a domain name, either by yourself, or on the part of Web Wiz.
1.12. REGISTRATION FEES FOR DOMAIN NAMES IS NON-REFUNDABLE, ONCE THE DOMAIN NAME REGISTRATION HAS BEEN SUBMITTED TO THE RELEVANT REGISTRATION AUTHORITY.
2. Hosting, Databases, StorageVault and Email Services
2.1. Web Wiz provides World Wide Web page hosting service. Web Wiz reserves the right to suspend or cancel a customer's access to any or all services provided by Web Wiz when Web Wiz decides that the account has been inappropriately used or otherwise.
2.2. Web Wiz makes no representation and gives no warranty as to the accuracy or quality of information received by any person via the Servers and we shall have no liability for any loss or damage to any data stored on our Servers.
2.3. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
2.4. You represent, undertake and warrant to Web Wiz that you will use the Hosting Services allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that: -
2.4.1. You will not use the Servers in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
2.4.2. You will not upload, post, link to or transmit: -
126.96.36.199. Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
188.8.131.52. Any material containing a virus or other hostile computer program.
184.108.40.206. Any material which constitutes, or encourages the commission of, a criminal offence 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.
220.127.116.11. Any file that you do not own the copyright to in the first person, including but not limited to; music files, mp3's, video files, movies, games (including mods, patches, and add-ons), software, and shareware.
18.104.22.168. Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.
22.214.171.124. Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Web Wiz.
126.96.36.199. Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide 'links to' or 'how to' information about such material.
188.8.131.52. Any material which is forbidden by our Acceptable Use Policy.
2.5. You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
2.6. Any file you store on the Servers will be reachable via a hyperlink from a page on your site.
2.7. 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 unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
2.8. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Servers which is detrimental to our other customers.
2.9. You shall procure that all email is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
2.10. You shall ensure that all web applications and scripts that you run on our servers that send email are adequately protected from malicious abuse, both from website visitors, remote submission, and automated spam programs.
2.11. Web Wiz Forums Hosting Packages are for the exclusive hosting of Web Wiz Forums ONLY. You will not host other files, web pages, applications, programs, or scripts on the Community Hosting Packages.
2.12. 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.
2.13. Any access to other networks connected to Web Wiz and our agents must comply with the rules appropriate for those other networks.
2.14. While we will use every reasonable endeavour to ensure the integrity and security of the Servers, we do not guarantee that the Servers will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
2.15. Web Wiz reserves the right to delete any file on our network where we believe that said file or files are not permitted under these Terms and Conditions.
2.16. Although we do make regular daily backups of all our servers, we do not guarantee the integrity of our backups or that we will be able to recover all or any files, databases, and email. We strongly recommend that you have an independent backup of all data stored on our network in the event we are unable to recover your data after a data loss.
2.17. FEES FOR SSL CERTIFICATES ARE NON-REFUNDABLE, ONCE THE SSL CERTIFICATE HAS BEEN ISSUED.
3.1. You will not use our network to send or transmit, or use the services of another company, for email forbidden in these Terms and Conditions, or under our Acceptable Use Policy or Anti-SPAM Policy. YOU WILL BE A CHARGED A 'CLEAN UP' FEE OF £50 PLUS AN ADDITIONAL £25 PER HOUR ADMINISTRATIVE CHARGES FOR ACCOUNTS TERMINATED OR SUSPENDED UNDER THE ANTI-SPAM POLICY.
3.2. You will keep mailbox password confidential, and to change passwords on a regular basis. Web Wiz is not responsible for any data losses or security issues due to weak or stolen passwords.
3.3. We monitor our Mail Servers and email which pases through our servers as a whole but not individual mailboxes.
3.4. We run anti-SPAM software on our email servers. You can determine the levels of SPAM protection, and actions to be taken when SPAM is detected from within the webmail account for the mailbox.
3.5. Our Gateway Mail Servers have Greylisting enabled to prevent SPAM. This is activated when an email entering our network is identified by the SPAM filters as SPAM.
3.6. We monitor and run anti-SPAM software on outbound email from all mailboxes. Web Wiz reserves the right to mark or delete any messages determined to be SPAM.
3.7. We run anti-virus software on all email which passes through our mail servers. Web Wiz reserves the right to delete any email which is flagged by the anti-viruses software as being infected or containing one of more virus signatures.
3.8. You will scan your incoming email to and from your systems for viruses. We do scan your email for viruses, but we cannot guarantee that your email will be virus free and shall not be held liable in the event any of your systems become infected with a virus as a result of using our services.
3.9. Web Wiz policy on maintaining stable data-transfer levels includes a deletion process for email that has not been downloaded locally within 180 days of receipt, 30 days for items placed in the webmail deleted and junk mail folders. Web Wiz cannot be held responsible for lost items that have exceeded these limits.
3.10. If we identify a mailbox or domain that is causing problems, we will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, we will disable email or suspend all services to the domain as appropriate. Common issues that cause problems are: -
3.10.1. Where a mailbox receives large volumes of undeliverable email.
3. 10.2. Where mailboxes have forwarders set to other mailboxes where mail cannot be delivered.
3. 10.3. Where mailboxes have forwarders and/or auto-responders that generate circular mail loops.
3.11. You represent, undertake and warrant to Web Wiz that you will use the email services for lawful purposes. In particular, you represent, warrant and undertake to us that: -
3.11.1. You shall not send messages or communications, which are unsolicited, offensive, abusive, indecent or obscene.
3.11.2. You shall not send messages causing annoyance, inconvenience or anxiety to another user of the Internet.
3.11.3. You shall not send messages for the purpose of Fraud and /or with the intention of committing a criminal offence.
3.12. Web Wiz reserves the right to disable, terminate or suspend services where: -
3.12.1. A significant volume of email is sent from a domain in a defined timescale.
3.12.2. Use of the Web Wiz email services is forbidden by our Anti-SPAM Policy.
4.1. All accounts other than our Reseller Accounts are to be used by the primary owner only, and do not allow the holders to resell, store or give away web-hosting services of their website to other parties.
4.2. If you are or become a reseller of our Services you will continue to be bound by these terms and conditions, you will be responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these.
4.3. You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any contract binding on us.
4.4. No default by your customers shall in any way affect, modify or limit your obligations under this Agreement.
4.5. We authorise you to sell our services under your own brand for the direct use of your clients only. You may not permit your clients to resell the services you provide.
5. StorageVault Service
5.1. Web Wiz provide a StorageVault Service that allows customers to store non-website files on our file storage servers. Use of this service is at your own risk and Web Wiz can not be held liable for the loss, or disclosure to unauthorised users, of any data stored on our servers.
5.2. Web Wiz reserves the right to delete any file stored using our StorageVault Service where we believe that said file or files are not permitted under these Terms and Conditions and suspend or terminate the account holders services.
5.3. The use of the StorageVault Service is for the exclusive use of our Hosting Accounts Holders only. Anonymous or public access to our StorageVault Service is not permitted.
6. High Resource User Policy
6.1. Resources are defined as bandwidth, processor utilization, disk space
or database usage. Web Wiz may implement the following policy to its sole discretion: -
6.1.1. When the resources utilised by a customer in using a service are abnormally high, Web Wiz reserves the right to suspend that service immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby Web Wiz continues hosting the website for an additional fee. Web Wiz reserves the right to determine what constitutes to 'abnormally high'. Failure to comply with such measures may result in your service being terminated.
7. Web Wiz Forums™ Licence Grant
7.1. Web Wiz Hosting Customers who receive an installed Premium Edition or Adware Edition of Web Wiz Forums for the term of their Web Wiz Hosting Package to be used on Web Wiz systems in conjunction with an active Hosting Package, and not transfer, whether whole or in part, to any other system not owned by Web Wiz. The entitlement to Web Wiz Forums Premium Edition will end at the termination of your Hosting Package.
8. Service Availability
8.1. Web Wiz shall use our reasonable endeavours to make available to you at all times the Servers and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Services.
8.2. Web Wiz shall have the right to suspend the Services provided to you 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.
9.1. 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 website and shall be due and payable in advance of provision of the Services.
9.2. Web Wiz reserves the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
9.3. Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given at least 7 days before the service renewal date.
9.4. All payments must be in UK Pounds Sterling, Euros, or US Dollars, paid online using the online payment provided by Web Wiz.
9.5. 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.
9.6. If an account goes unpaid for 14 days or more, a £10.00 + VAT late payment fee may be applied and the account and all its associated services are suspended.
9.7. Once an account has a suspended status, access to files, databases, emails, and other content is explicitly denied. All files, databases, emails, and other content including the account itself is permanently deleted 56 days (8 weeks) after failure to pay any sums due on the account.
9.8. If you wish to reactivate an account which has been deleted then a £25.00 + VAT charge will be applied upon account reactivation to cover administration costs.
9.9. Should access to files, databases and other content be required before they are deleted, account reactivation will be required.
9.10. Hosting services that come with a specified Bandwidth limit; If this is exceeded without prior notification to us, you will be billed at £9.95 + VAT per 10,000MB of bandwidth in excess of your specified monthly limit at the end of the calendar month in which you exceeded your accounts bandwidth limit.
9.11. Hosting services that come with a specified Diskspace limit; If this is exceeded without prior notification to us, you will be billed at £9.95 + VAT per 1,000MB of diskspace in excess of your accounts specified limit at the end of the calendar month in which you exceeded your accounts diskspace limit.
9.12. Hosting services that come with a specified Database Diskspace limit; If this is exceeded without prior notification to us, you will be billed at £9.95 + VAT per 250MB of database diskspace in excess of your specified limit at the end of the calendar month in which you exceeded your accounts database diskspace limit.
9.13. Shared Hosting Customers are permitted to send up to 25,000 emails per calendar month. If this is exceeded without prior notification to us, you will be billed at £9.95 + VAT per 10,000 emails in excess of 25,000 emails at the end of the calendar month in which this limit is exceeded.
10. Termination and Refunds
10.1. Web Wiz shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you if you: -
10.1.1. Fail to pay any sums due to us as they fall due.
10.1.2. Break any of these Terms and Conditions, including accompanying Acceptable Use Policy and Anti-SPAM Policy.
10.1.3. Are in breach of the License Agreement for any software that accompanies or is included with your Hosting Package. This includes, but not limited to, Licenses for Web Wiz Software that are included as part of your Hosting Package.
10.1.4. 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.
10.1.5. Refunds will be given at the discretion of the management, admin fees may be deducted.
10.1.6. Web Wiz reserves the right to suspend the Services and/or terminate this Agreement at any time and without notice. In the event of the Agreement being cancelled by Web Wiz you will be entitled to a pro rata refund based upon the remaining period of prepayment, unless your account was suspended due to a breach of the terms and conditions.
10.1.7. You may cancel the Services at any time. To do so you must use the Cancel Hosting Account Form located in your Client Area Account. We will cancel the Services within 3 working days of receipt of your request.
10.1.8. During the first 30 days of Services, Cloud Server Customers are entitled to a refund of the basic hosting package rental fee, but not including admin or setup fees, should You decide to cancel the Service. No full refunds will be made if your account was suspended due to a breach of the Terms and Conditions or after the first 30 days of service should You decide to cancel the Services.
10.1.9. Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
10.1.10. On termination of this Agreement or Suspension of the Services we shall be entitled immediately to stop access to your Website and to remove all data located on the Web Wiz Network.
11. Cancellation of Contract
11.1. If you are a 'consumer', you may have a right to cancel this contract under the Consumer Protection (Distance Selling) Regulations 2000 or similar laws amending or replacing it. The right must be claimed in writing within seven working days of the start of the services with Web Wiz.
11.2. Upon cancellation, access to services supplied by Web Wiz will be removed, and any account or services will be terminated and files or content, including web files and email will be deleted. Once this is complete any monies paid to Web Wiz will be return to the consumer within 30 days.
12.1. You shall indemnify Web Wiz and it's agents 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 Servers 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.
13. LIMITATION OF LIABILITY
13.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Web Wiz OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF INTERUPTION IN SERVICE OR THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, ‘WEBWIZ’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES PAID FOR THE SERVICES (IF ANY) WHICH ARE THE SUBJECT OF ANY SUCH CLAIM, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF ‘WEBWIZ’ TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. Web Wiz IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY ‘WEBWIZ’ OR A THIRD PARTY THAT IS ACCESSED THROUGH THE SERVICES AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
13.2. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETION.
14.1. Any notice to be given by either party to the other may be sent by either email, or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms 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 two days following the date of posting.
15.1. In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
16. Applicable Law and Dispute
16.1. This Agreement and all matters arising from it are governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be England.
17.1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
18. Entire Agreement
18.1. 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.
18.2. Failure to enforce these Terms and Conditions and related Polices in every instance does not amount to a waiver of Web Wiz's rights.
WEB WIZ Ltd. RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDTIONS AT ANY TIME.
Changes to the Terms and Conditions will be announced on the 'Web Wiz' website. Failure to receive notification of a change does not make those changes invalid. Current copies of the Terms and Conditions will be available on this page.
By accepting these Terms and Conditions and accompanying Acceptable Use Policy and Anti-SPAM Policy you have agreed to be bound by the Terms and Conditions of the Agreement and by that any subsequent agreement or policy, and that there no circumstances where deviation from the agreed Terms and Conditions is permissible. Please beware that failure to carryout your obligations under the agreement could be seen as a breach of contract leading to termination of services provided by Web Wiz Ltd.