This page was last updated: 4th August 2015
You indicate acceptance of these terms and conditions of service by placing an order with Eco Web Hosting. These terms and conditions will not be varied for individual customers.
1.1 In this Agreement the following words and expressions shall have the following meanings:
1.1.1 "downtime" means any service interruption in the availability to visitors of the Website;
1.1.2 "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 registrable or not in any country;
1.1.3 "Eco Web Hosting" means the 'Eco Web Hosting' hosting company
1.1.4 "IP address" stands for internet protocol address which is the numeric address for the server;
1.1.5 "ISP" stands for internet service provider;
1.1.6 "server" means the computer server equipment operated by Eco Web Hosting in connection with the provision of the Services;
1.1.7 "the Services" means web hosting, domain name registration, email and any other services or facilities provided by Eco Web Hosting.
1.1.8 "spam" means sending unsolicited and/or bulk emails;
1.1.9 "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";
1.1.10 "visitor" means a third party who has accessed the Website;
1.2 Product specifications and details may be found at www.ecowebhosting.co.uk.
1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
1.4 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.
2.1 The Customer wishes to provide Eco Web Hosting with data that will be hosted on Eco Web Hosting's servers and made accessible via the Internet.
2.2 Eco Web Hosting provides web hosting services and has agreed to host the Customer's data upon the following terms and conditions.
3.1 Eco Web Hosting shall provide to the Customer the Services specified in their order subject to the following terms and conditions.
3.2 The Customer shall deliver to Eco Web Hosting the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or Eco Web Hosting ("the Customer Software), in a format specified by Eco Web Hosting.
4 CHARGES, PAYMENT AND MONEY-BACK GUARANTEE
4.1 Payment methods include credit cards (including MasterCard and Visa), debit cards (including Maestro (Switch), Solo, Visa Electron and Visa Delta) and direct debits
4.2 Eco Web Hosting do not accept cheques, bank transfers, postal orders, cash or any other form of payment other than those outlined in 4.1
4.3 The Charges are exclusive of VAT, which if payable shall be paid by the Customer.
4.4 Eco Web Hosting 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.
4.5 Eco Web Hosting do not provide credit facilities.
4.6 From time to time Eco Web Hosting may make enquiries on the Customers company, proprietor or directors of the Customers company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.
4.7 Eco Web Hosting provide "Money-Back Guarantees" on certain products. Should your product qualify for this guarantee please contact us 45 days of placing your order for a full refund. This guarantee excludes domain names, domain privacy addons and web design/marketing services, which may not be cancelled once ordered. Customers are limited to using the money-back guarantee once.
4.8 Pro-rata refunds will not be issued for yearly services that are cancelled before the end of the year.
4.9 Should your chosen payment method fail Eco Web Hosting will attempt to settle your invoice using any other payment facilities available on your account.
4.10 All services will renew until cancelled by the customer. Eco Web Hosting emails 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 72 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
5.1 Eco Web Hosting shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.
5.2 Where Eco Web Hosting changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.
6 SOFTWARE LICENCE AND RIGHTS
6.1 If the Customer requires use of software owned by or licensed to Eco Web Hosting ("Eco Web Hosting's software") in order to use the Services, Eco Web Hosting 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 Eco Web Hosting 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 Eco Web Hosting Software.
6.2 In relation to Eco Web Hosting's obligations under this Agreement in connection with the provision of the Services, the Customer grants to Eco Web Hosting a 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 Eco Web Hosting any right, title, interest or intellectual property rights in the Customer Software or the Content.
6.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense Eco Web Hosting Software.
6.4 Eco Web Hosting 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, Eco Web Hosting shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.
7 SERVICE LEVELS AND DATA BACKUP
7.1 Eco Web Hosting shall 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, Eco Web Hosting makes no warranties or representations that the Service will be uninterrupted or error-free and Eco Web Hosting shall not, in any event, be liable for interruptions of Service or downtime of the server.
7.2 Eco Web Hosting carries out data backups for use by Eco Web Hosting in the event of systems failure. Eco Web Hosting do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Eco Web Hosting accepts no responsibility for data loss or corruption.
8 ACCEPTABLE USE POLICY
8.1 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:
8.1.1 use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
8.1.2 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
8.1.3 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;
8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
8.1.5 engage in illegal or unlawful activities through the Services or via the Website;
8.1.6 make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or
8.1.7 obtain or attempt to obtain access, through whatever means, to areas of Eco Web Hosting's network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
8.1.8 operate or attempt to operate IRC bots or other permanent server processes.
8.2 The Customer has full responsibility for the content of the Website. For the avoidance of doubt, Eco Web Hosting is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 Eco Web Hosting shall be entitled to withdraw the Services and terminate the Customer's account without notice.
9 ALTERATIONS AND UPDATES
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 Eco Web Hosting and the password will be changed.
10.1 The Customer warrants and represents to Eco Web Hosting that Eco Web Hosting'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 Eco Web Hosting as set out in Clause 6.2.
10.2 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, Eco Web Hosting shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.
The Customer agrees to indemnify and hold Eco Web Hosting 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 Eco Web Hosting 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
12.1 Nothing in these terms and conditions shall exclude or limit Eco Web Hosting's liability for death or personal injury resulting from Eco Web Hosting's negligence or that of its employees, agents or sub-contractors.
12.2 The entire liability of Eco Web Hosting to 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.
12.3 In no event shall Eco Web Hosting be 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 Eco Web Hosting had been made aware of the possibility of the Customer incurring such a loss.
13 TERM AND TERMINATION
13.1 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.
13.2 Eco Web Hosting shall 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.
13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
13.3.1 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
13.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
13.3.3 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
13.3.4 the other party ceases to carry on its business or substantially the whole of its business; or
13.3.5 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.
13.4 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.
13.5 On termination all data held in the customers account will be deleted.
14.1 Eco Web Hosting may assign or otherwise transfer this Agreement at any time.
14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without Eco Web Hosting's prior written consent.
15 FORCE MAJEURE
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.
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.
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
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
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
20.1 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 Eco Web Hosting will provide a full refund for that domain name, this will be the full limit of our liability.
20.2 Please return to the main terms and conditions area of this website to view terms and conditions for individual domain name registrars.
20.3 Eco Web Hosting will make reasonable endeavors to renew domains where the renewal fee has been paid. In the event that we are unable to renew a domain name and that domain name is subsequently lost, the limit of our liability shall be the renewal fee for that domain name.
[updated 13/02/08] Eco Web Hosting are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP, Python, Miva and ASP are installed and functioning on the web hosting system.
To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
23.1 [updated 13/02/08] Web hosting accounts include a certain amount of bandwidth, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more bandwidth included or until the start of the following month. Your bandwidth usage is shown in the eXtend Control Panel.
23.2 Web hosting accounts that host file distribution (including but not limited to music, video and software) are limited to a maximum bandwidth of 25 GB per month for file distribution.
23.3 [updated 13/02/08] Web hosting accounts are prohibited from hosting hardcore pornographic material, hosting graphics or scripts for other websites, storing pages, files or data as a repository for other websites or as a backup, giving away web space under a domain (including Resellers giving away free websites), sub domain or directory.
24 SERVER USAGE
24.1 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.
24.2 Eco Web Hosting does not allow proxy sites of any nature to be hosted on its network.
24.3 Eco Web Hosting will scan for unused hosting packages every three months and mark hosting packages for which the DNS records are not set to our servers as inactive. As an account holder, we notify you of this by e-mail so that you can mark the package as active through you account's control panel if it is in use. If the package remains marked inactive, it will be disabled after seven days. Hosting packages that have been disabled for 50 days will be deleted.
25 AFFILIATE PROGRAMME
Commission earned via the affiliate programme will only be paid by using a valid direct debit/credit mandate on your account. It is the customers responsibility to ensure they have this facility. In the event of the customer not being able to obtain this facility then no commission will be paid.
26 EMAIL NEWSLETTER
Eco Web Hosting communicates with its customers via email and as such you agree to receive by email our regular newsletter which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our products & features and special offers.
27 WEBSPACE USAGE
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.
28 MAIL BOXES
Mail boxes not accessed for 100 days or more will be deleted from the system.
29 DEACTIVATED ACCOUNTS
When a web hosting account is deactivated, you agree that after 50 days this account may be deleted from the system without notice.
This page was last updated: 2nd January 2015
This page was last updated: 2nd January 2015
This acceptable use policy sets out the terms between you and us under which you may use the hosting services we provide ("Hosting Services").
Your use of the Hosting Services means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms and conditions of sale http://www.ecowebhosting.co.uk/tandc
You must not allow a third party to access or use the Hosting Services. If you have purchased one of our reseller hosting packages, you can allow a third party (a "Third Party") to access or use the Hosting Services. If you do so, they will also be regulated by this acceptable use policy. As such, you will monitor the use of the Hosting Services by a Third Party and you will procure that they abide by this acceptable use policy. A breach of this acceptable use policy by a Third Party will be deemed to be a breach of this acceptable use policy by you.
The Hosting Services are provided by Eco Web Hosting ("we", "us" and "our").
1 Resource usage
1.1 The Hosting Services comprise the provision of web space on our servers to enable you to upload pages and files for the purpose of publishing websites.
1.2 The Hosting Services allow you 'unlimited' server space for normal routine "non-file-distribution" web usage. For websites that allow downloading of video, audio or other files we reserve the right to impose a bandwidth limit of twenty-five (25) gigabytes (26,843,545,600 bytes) per calendar month. Non-file-distribution usage will remain unaffected by any limit imposed on downloading of video, audio or other files.
2 Prohibited uses
2.1 You may use the Hosting Services only for lawful purposes. You may not use the Hosting Services:
2.1.1 in any way that breaches any applicable local, national or international law or regulation;
2.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
2.1.3 for the purpose of harming or attempting to harm minors in any way;
2.1.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see section 5);
2.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (also known as SPAM); or
2.1.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2.2 In your use of the Hosting Services (other than where you are using your own dedicated server), you may not:
2.2.1 use more than 5 % of our server's processing capacity. There are numerous activities that could cause such problems, including (but not limited to) CGI scripts and intensive FTP, PHP or HTTP operations;
2.2.2 run stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCd;
2.2.3 run any type of web spider or indexer; including (but not limited to) GoogleCash and AdSpy;
2.2.4 run any software that interfaces with an Internet Relay Chat network;
2.2.5 run any bit torrent application, tracker, or client. You may link to legal torrent files off-site, but may not host or store them on our servers;
2.2.6 participate in any file-sharing/peer-to-peer activities;
2.2.7 run any gaming servers; or
2.2.8 run cron entries or other scheduled tasks other than by configuring them through our control panel cpanel.ecowebhosting.co.uk
2.2.9 run single databases of more than 500MB in size (you can, however, have an unlimited number of such databases)
2.3 You must not use the Hosting Services as an offsite backup facility. Therefore, all files uploaded to our servers as part of your usage of the Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to operate the website of which they form part; We reserve the right to delete files or directories that are not web-visible without giving notice to you.
2.4 All pages of website stored on our servers as part of the Hosting Services will be available to search engines unless you take action to prevent this. If you wish to optimise your web pages for search engines you agree to use coding and techniques which comply fully with the guidelines issued by Google, MSN, Yahoo and other large search engines.
3.1 You agree:
3.1.1 not to re-sell or offer for the use of third parties any part of our Hosting Services, unless you have purchased the Hosting Services designated for resellers Reseller Package;
3.1.2 not to access without authority, interfere with, damage or disrupt:
188.8.131.52 any part of the Hosting Services;
184.108.40.206 any equipment or network used to provide the Hosting Services;
220.127.116.11 any software used in the provision of the Hosting Services; or
18.104.22.168 any equipment or network or software owned or used by any third party.
4 Interactive services
4.1 Where you use, or allow the use of, the Hosting Services to host a website on which interactive services (for example, chat rooms or bulletin boards) are provided ("interactive services"), you must ensure the use of best practice to operate those interactive services.
4.2 Notwithstanding the use of best practice in operating the interactive services, you must assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service you allowed to be hosted using the Hosting Services and use appropriate moderation in the light of those risks. However, we are under no obligation to oversee or monitor your use of the Hosting Services in relation to any interactive services you provide or allow to be provided.
5 Content standards
5.1 These content standards apply to any and all material that you allow to be hosted through the Hosting Services ("Material"), and to any interactive services associated with it.
5.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Material as well as to its whole.
5.3 Material must:
5.3.1 be accurate (where they state facts);
5.3.2 be genuinely held (where they state opinions); and
5.3.3 comply with applicable law in the UK and in any country from which they are posted.
5.4 Material must not:
5.4.1 contain any material which is defamatory of any person;
5.4.2 contain any material which is obscene, offensive, hateful or inflammatory;
5.4.3 contain any material that is pornographic;
5.4.4 promote violence;
5.4.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
5.4.6 infringe any copyright, database right or trade mark of any other person;
5.4.7 be likely to deceive any person;
5.4.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
5.4.9 promote any illegal activity;
5.4.10 be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
5.4.11 be likely to harass, upset, embarrass, alarm or annoy any other person;
5.4.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
5.4.13 give the impression that they emanate from us, if this is not the case; or
5.4.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
6 Suspension and termination
6.1 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Hosting Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.
6.2 Failure to comply with this acceptable use policy constitutes a material breach of the our terms and conditions of sale www.ecowebhosting.co.uk/tandc upon which you are permitted to use the Hosting Services, and may result in our taking all or any of the following actions:
6.2.1 immediate, temporary or permanent withdrawal of your right to use the Hosting Services;
6.2.2 immediate, temporary or permanent removal of any Material (as defined in paragraph 5.1) uploaded to our servers;
6.2.3 issue of a warning to you;
6.2.4 issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
6.2.5 further legal action against you; or
6.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
6.3 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
7 Changes to the acceptable use policy
7.1 We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.