Last updated: 18th August 2017
This agreement ("Agreement") sets forth the Terms and Conditions between Kloudhost Ltd ("Supplier", which expression shall include all or any of its subsidiaries, agents, successors and assigns), a limited company registered in England and Wales with company number 9371383, and you the customer ("Customer", which expression shall include its permitted successors and assigns) in relation to the provision of Web Hosting Services (collectively, the "Service"). By purchasing the Service you are acknowledging this agreement, and agree to be bound by it, effective from the date of purchase.
1 Acceptable usage
1.1.1 All content uploaded to the Service must conform to UK law. It is the Customer's sole responsibility to ensure this. Storage, distribution of or transmission of illegal materials may lead to investigation and possible prosecution by the relevant authorities.
1.1.2 All content uploaded to the Service must not contain images, videos, depictions or descriptions of pornography. The Service cannot be used to host adult membership 'xxx' related websites or sex-related content.
1.1.3 All content uploaded to the Service must not contain 'warez', copyrighted music/videos or links to such content. It is the sole responsibility of the Customer to ensure that they have the rights to distribute any content displayed on their website.
1.1.4 All content uploaded to the Service must conform to UK copyright law.
1.1.5 All content uploaded to the Service must not contain 'hateful' material or content which seeks to incite hate.
1.1.6 Open proxy servers are not permitted under any circumstances and will result in immediate termination of service.
1.1.7 The Supplier will be the sole arbiter as to what constitutes acceptable content on the Service and may remove content which is deemed unacceptable, for example websites which promote any illegal activity or content that may be damaging to the Supplier's servers or any other server on the Internet.
1.2 Email usage
1.2.1 The Service may not be used for the distribution of SPAM e-mails. SPAM emails generally include but are not limited to:
the sending of unsolicited messages in bulk, or the sending of unsolicited e-mails, which provoke complaints from recipients
the sending of junk mail
the use of distribution lists that include people who have not given specific permission to be included in such a distribution process
posting commercial ads to USENET newsgroups that do not permit it
posting articles containing binary encoded data to non-binary newsgroups
excessive and repeated posting of off-topic messages to newsgroups
excessive and repeated cross-posting
e-mail harassment of another internet user or users, including but not limited to, transmitting any threatening, libellous or obscene material, or material of any nature which could be deemed to be offensive
the e-mailing of age-inappropriate communications or content to anyone under the age of 18
1.2.2 Any mailing lists transmitted from the Supplier's network must be "Opt-In" and include a clear, working unsubscribe link on each message, without exception.
1.2.3 The Supplier may impose an hourly or daily limit on the number of e-mails which can be sent from a single domain, e-mail account or web hosting account and reserves the right to change this limit at any time without notice.
1.3 Resource usage
1.3.1 If not specifically stated to the contrary, the Service is intended to be used for the purposes of hosting websites and e-mail. Batch processing, video encoding/transcoding, web crawling/spidering, archiving and online backup systems and any system designed to consume CPU or disk resources for purposes other than hosting a website are not permitted on the Supplier's shared hosting servers. However the Customer may use such tools on a virtual server, cloud server or dedicated server.
1.4 Network security
1.4.1 The Customer must not gain or attempt to gain unauthorised access to any computer systems for any purpose. Such action may lead to criminal prosecution under the Computer Misuse Act.
1.4.2 The Customer must not send data to the internet using forged addresses or data which is deliberately designed to adversely affect remote machines (including but not limited to denial of service (DDoS), worms and viruses, trojans and ping storms).
1.4.3 The Customer must ensure that local PCs and network connected servers are not configured to allow open relay and must not participate in the sending of unsolicited bulk email (commonly referred to as 'spam' ,'UBE', 'UCE').
1.4.4 The Customer is prohibited from running 'port scanning' or other software intended to probe, scan, test the vulnerability of or access remote systems or networks except in circumstances where the remote user has given express permission for this to be done. We may ask for evidence of such permission.
1.5 Background processes
1.5.1 The Service must not be used for running stand-alone, unattended server-side processes. This includes any and all daemons, such as IRCD.
1.5.2 Any scripts, programs, or cron jobs must not run for a period longer than sixty seconds.
1.6.1 The Customer is solely responsible for all content uploaded to the Service. This includes content created or uploaded by the Customer's client, web developer, website users and any other authorized or unauthorized users.
1.6.2 The Customer must take all reasonable steps to ensure their password and login credentials remain confidential.
2.1 The Supplier agrees to use their reasonable endeavours to ensure the integrity of Customer data, including backups for specific services as described on the Supplier's website.
2.2 In cases where daily backups are advertised as a feature, the Supplier will make a good faith to keep seven days worth of backups available through software accessible by the Customer. However the Supplier makes no absolute guarantee that such backups will always be available to the Customer.
2.3 The Customer is ultimately responsible for maintaining and storing their own backups, and is recommended to keep one or more copies of their data on their local computer at all times.
2.4 The Supplier will not be held responsible for any damages, losses or interruption of business caused by corruption or loss of data, or the integrity of its backups.
3 Domain names
3.1 Domain name registration
3.1.1 Where the Service provided includes domain name registration, the Supplier will attempt to register domain name(s) that the Customer orders using the interface on the Supplier's website but the Supplier does not warrant that it will be able to do so.
3.1.2 The Customer warrants that:
the information submitted for the purposes of a domain name registration is current, accurate and complete,
the Customer has the legal right to apply for and use the domain name, and
the Customer's use of the domain name will not infringe any person's Intellectual Property Rights or other legal rights; and
the Customer will keep the information required for the purposes of a domain name registration up-to-date (which changes may be subject to additional payments as set out on the Supplier's website).
3.1.3 The Customer acknowledges and accepts that certain information submitted for the purposes of a domain name registration will be published on the internet via "WHOIS" services.
3.1.4 The Supplier may, at its sole discretion, reject any request to register a particular domain name.
3.1.5 The Supplier does not offer any advice in relation to any actual or potential domain name dispute, and will have no liability in respect of the suspension or loss of a domain name by the Customer as a result of any domain name arbitration procedure or court proceedings.
3.1.6 Domain name registrations will be subject to periodic renewal fees and transfer fees as stated on the Supplier's website from time to time. The Supplier has no responsibility for the Customer's use or retention of a domain name once registered, and it will be the Customer's responsibility to ensure that domain names are renewed and that applicable renewal charges are paid. Domain name registrations can be renewed using the Customer's client area login details.
3.1.7 The Customer acknowledges that domain names will be subject to the rules and policies from time to time of the relevant registry or registration authority, and you agree to abide by all such rules and policies.
3.1.8 In the case of ".uk" domain name registrations (including but not limited to ".co.uk", ".org.uk" and ".ltd.uk") the Customer acknowledges and accepts Nominet's Terms and Conditions of Domain Name Registration (as found at https://www.nominet.uk/resources/policy/policies-rules/#registrationterms).
3.2 Free domain names
3.2.1 From time to time, the Supplier may offer free domain name registrations when ordering one or more Service.
3.2.2 The free domain name must be chosen at checkout when ordering the associated Service. The free domain name cannot be redeemed after the initial order process.
3.2.3 The free domain name is only applicable to new orders, upgrading or switching from another Service will not qualify for a free domain.
3.2.4 The free domain name will renew at the normal annual price, as stated on the Supplier's website, following the first year's registration.
4 Technical support
4.1 The Supplier offers technical support to the Customer on a best effort basis. Support is limited to usage of the Service and the advertised features. The Supplier does not offer support for application specific issues such as programming, website design, website development or any other such issues.
4.2 Support will only be provided to the Customer directly. In the case of the Customer reselling the Service to their own customers, the Supplier will not be responsible for providing support to the Customer's clients.
4.3 Any additional work the Customer requires which does not fall within the above support boundaries may optionally be provided with express agreement from the Supplier. A fee will be payable at a rate of £60 GBP per hour, in 30 minute increments. All charges will be discussed before work commences on a per incident basis. Examples of work beyond the boundaries of normal support include: site scripting problems, script installation, website design and development.
5 Data migration
5.1 The Supplier may at their own will offer to migrate data from the Customer's existing external hosting account or server. The Supplier does not guarantee the quality of migrations, which are offered on a best effort basis and is dependent on the type and quality of the hosting being used as the Customer's source of data.
5.2 From time to time the Supplier may advertise free migration as a promotion for new customers. Free migrations are performed in a single batch. For example, should the Customer require 25 websites migrated then all 25 websites will be migrated together. It is not feasible to perform migrations individually over large periods of time, unless otherwise agreed.
5.3 Any additional work the Customer may require from the Supplier which does not fall within usual migration boundaries is subject to a fee as set out in section 5 of this Agreement.
6 Modification to Service
6.1 The Supplier may discontinue, upgrade, replace, modify, or change, without limitation, any software, application, program, data, hardware, equipment, or components used to provide the Service. Certain changes to the Service may affect the operation of the Customer's personalised applications and content. The Customer is solely responsible, and the Supplier is not liable, for any and all such personalised applications and content, except as expressly agreed in writing by the Supplier.
7.1 Renewal invoices are generated a minimum of 10 days in advance and sent to the Customer's registered e-mail address. It is the Customer's responsibility to ensure this e-mail address is kept up to date and can receive emails from the Supplier.
7.2 The Supplier reserves the right to suspend and/or terminate any Service with invoices that have not been paid by their due date.
7.3 All sums due to the Supplier are exclusive of value added tax (VAT) and any other applicable sales tax or duty which shall be invoiced and payable at the then prevailing rate.
7.4 Upon cancellation the Supplier will not be liable to provide the customer with any refund for services which have been provisioned to the customer unless otherwise agreed.
7.5 Unless otherwise stated, all payments must be received in UK Pounds sterling (GBP).
7.6 The Supplier reserves the right to alter its prices at any time and agrees to notify the Customer of any alteration by providing written notice. Notice of any price alteration will be sent via e mail to the Customer's registered e-mail address. Price alterations for an existing Service will only become effective when the Service reaches the end of its current term.
8 Money back guarantee
8.1 The Supplier agrees to refund all payments in relation to the Service, excluding domain name registration costs, on request following cancellation for a period of 30 days from the purchase date.
8.2 The money back guarantee does not apply in cases where the Customer has violated the acceptable usage terms as set out in this Agreement.
9 Force majeure
9.1 The Supplier shall not be liable for any delay or failure in performance of its obligations under this agreement which is due to or results from any acts, events, omissions, happenings or non-happenings beyond its reasonable control including acts of God, strike, work stoppages, governmental regulations, acts or directives, war, riot, fire, flood, civil commotion, equipment or facilities shortages or delays which are experienced by providers of internet services generally, or any circumstances beyond its reasonable control.
10.1 Either party (the 'Non-defaulting Party') shall be able to terminate this agreement immediately in the event that the other:
commits a material breach of any of its obligations under this agreement and has not remedied such breach (if capable of remedy) within twenty eight days of request from the Non-defaulting Party for remedy by serving written notice; or
is subject to any winding up order or resolution, has any provisional liquidator appointed to it, has a receiver appointed or is the subject of an application made to court for an administration order or if a notice of intention to appoint an administrator is filed or an administration order made in respect of it, is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986, enters into any arrangement for the benefit of or other compounds with its creditors generally or ceases or threatens to cease carrying on its business, or (being an individual) is the subject of a bankruptcy petition or order, or any equivalent processes in any jurisdiction.
10.2 Without prejudice to any rights that have accrued under a contract or any of its rights or remedies, either party may terminate a contract on giving not less than 30 days written notice to the other party. Notwithstanding the foregoing, if you have agreed and paid for an annual Service, we shall not be obliged to refund any pro rated payments if you cancel during the annual term.
10.3 An account may be terminated with immediate effect if abusive behaviour is directed at staff.
11.1 The Customer agrees to fully indemnify and keep the Supplier, its subsidiaries, affiliates, officers, partners, employees and agents fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever incurred by it or them and arising from any of the following:
the Customer's breach of the contract and/or this Agreement or its negligence or other act, omission or default; or
the operation or break down of any equipment or software owned or used by the Customer; or
the Customer's use or misuse of the Service; or
the Customer infringing (whether innocently or knowingly) third party rights (including without limit intellectual property rights).