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Terms & Conditions
You indicate acceptance of
these terms and conditions of service by placing an order with
easy2host. These terms and conditions will not be
varied for individual customers.
1
DEFINITIONS
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, photography rights, database rights, rights
in know-how, trade or business names and other similar rights or
obligations, whether registerable or not in any country;
1.1.3 " easy2host " means
Phil & Fran Gray Gray trading as easy2host
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 easy2host 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 easy2host.
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 URL.
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
INTRODUCTION
2.1 The Customer wishes
to provide easy2host with data that will be hosted on easy2host's servers
and made accessible via the Internet.
2.2 easy2host provides
web hosting services and has agreed to host the Customer's data upon the
following terms and conditions.

3
DUTIES
3.1 easy2host 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 easy2host the website and the software used in the website which
is owned by the Customer, or licensed to him by a third party or easy2host
("the Customer Software), in a format specified by easy2host.

4
CHARGES
,PAYMENT AND MONEY-BACK GUARANTEE
4.1 Payment methods
include credit cards (including MasterCard and Visa), debit cards (including
Switch/Maestro) and direct debits, Crossed Cheques & On Account (Subject to
Status and when made within 14 days).
4.2 easy2host do not
accept Uncrossed 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 unless stated otherwise, which if payable shall be paid by
the Customer.
4.4 easy2host 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 0.5% per day.
4.5 easy2host do not
provide credit facilities other than invoice payments as outlined in 4.1.
4.6 From time to time
easy2host 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 easy2host provide
"Money-Back Guarantees" on certain products. Should your product qualify for
this guarantee please raise a support ticket within 30 days of placing your
order for a full refund. This guarantee excludes domain names 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 services that are cancelled before then end of their
term.
4.9 Should your chosen
payment method fail easy2host 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. easy2host 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 7 days 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 easy2host 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 easy2host
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 easy2host ("easy2host's
software") in order to use the Services, easy2host 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
easy2host 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 easy2host Software.
6.2 In relation to
easy2host’s obligations under this Agreement in connection with the
provision of the Services, the Customer grants to easy2host 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 easy2host 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 easy2host Software.
6.4 easy2host 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, easy2host shall destroy
all such copies of the Content and other materials provided by the Customer
as and when requested by the Customer.
6.5
Where a full back
up copy of your website is being provided, this will not be posted until
after the 30 days money back guarantee period has passed.
6.6
Where use of marketing the easy2host Brand & Logo is granted, you must
ensure at all times that the Blue easy2host logo is displayed on a white
surrounding background only and that the size proportions are not changed
without prior approval. Failure to respond to requests to remove unapproved
marketing may result in easy2host removing the offending items from your
website manually.

7
SERVICE LEVELS AND DATA BACKUP
7.1 easy2host 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, easy2host makes no warranties or
representations that the Service will be uninterrupted or error-free and
easy2host shall not, in any event, be liable for interruptions of Service or
downtime of the server.
7.2 easy2host carries
out data backups for use by easy2host in the event of systems failure.
easy2host do not provide data restoration facilities for individual
customers. Even though every effort is made to ensure data is backed up
correctly easy2host 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 easy2host’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, easy2host 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
easy2host 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 easy2host and the password will be changed.

10
WARRANTIES
10.1 The Customer warrants
and represents to easy2host that easy2host’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 easy2host
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,
easy2host shall not be liable to the Customer as a result of any viruses
introduced or passed on to the Customer.

11
INDEMNITY
The Customer agrees to
indemnify and hold easy2host 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 easy2host
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 easy2host’s liability for death
or personal injury resulting from easy2host’s negligence or that of its
employees, agents or sub-contractors.
12.2 The entire liability
of easy2host 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
easy2host 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 easy2host 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 easy2host 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
ASSIGNMENT
14.1 easy2host 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
easy2host’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.

16
SEVERANCE
If any provision of this
Agreement is held invalid, illegal or unenforceable for any reason by any
Court of competent jurisdiction such provision shall be severed and the
remainder of the provisions hereof shall continue in full force and effect
as if this Agreement had been agreed with the invalid illegal or
unenforceable provision eliminated.

17
NOTICES
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 easy2host will provide a
full refund for that domain name. Domain names paid via bank credit or
cheque will not be registered until funds have cleared.

21
SCRIPTING
easy2host are not responsible
for customer programming issues other than ensuring that programming
languages such as Perl, PHP and ASP are installed and functioning on the web
hosting system.

22
PRIVACY
To protect your privacy we
will not distribute your details to third parties, unless required to do so
by law.

23
DATA TRANSFER
23.1 Web hosting accounts
include a certain amount of data transfer, if you exceed this amount in any
one month your account will be deactivated until you have upgraded to an
account that has more data transfer included.
23.2 Web hosting accounts
are prohibited from hosting file distribution websites (including but not
limited to music, video and software), adult content orientated websites,
hosting banners, graphics or cgi scripts for other websites, storing pages,
files or data as a repository for other websites or personal computers,
giving away web space under a domain, sub domain or directory.

24
SERVER USAGE
Should your account use more
than 5% of the servers processing power and as a result have a detrimental
effect on other customers we will discuss with you alternative solutions for
your hosting requirements.

25
EMAIL NEWSLETTER
easy2host communicates with
it's 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.

26
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.

27
MAIL BOXES
Mail boxes not accessed for
100 days or more may be deleted from the system.

28
MISC
Any repeating or serious
breach of these Terms & Conditions may result in your service being
suspended and legal action being purued.

Copyright Information
This site is owned and
maintained by easy2host. All trademarks are the property of their
respective owners. easy2host is are trading name
for Phil & Fran Gray.
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