Schedule 2: Hosting Services

The Legal Stuff

1. Definitions and interpretation

1.1 In this Schedule:

“Hosted Materials” means all websites, web applications, software, information, data, databases and other works and materials stored, transmitted, published or processed using the Hosting Services;

“Hosting Charges” means the charges specified in Paragraph 9;

“Hosting Services” means the services provided or to be provided by the Company to the Customer under this Schedule, as detailed in Paragraphs 2 to 6; and

“Resource Limits” means the limits on the use of resources through the Hosting Services set out in Paragraph 7.

1.2 References in this Schedule to Paragraphs are to the paragraphs of this Schedule, unless otherwise stated.

2. Transition

The company will:

  • (a) where the Company holds any Customer website(s) on its development servers, transfer such website(s) from its development servers; or otherwise
  • (b) at the request of the Customer, use reasonable endeavours to assist with the transition of any Customer website(s) from any third party host.

3. IP addresses

3.1 The Company 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.

3.2 Where the Company changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.

4. Software licence and rights

4.1 If the Customer requires use of software owned by or licensed to the Company (“Company’s software”) in order to use the Services, the Company 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 Company 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 Company Software.

4.2 In relation to Company’s obligations under this Agreement in connection with the provision of the Services, the Customer grants to Company 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 Company any right, title, interest or intellectual property rights in the Customer Software or the Content.

4.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense Company Software.

4.4 Company 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, Company shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.

5. Shared hosting

5.1 The Company may make available to the Customer hosting capacity on a shared server meeting the specification as per the Work Agreement in all material respects.

5.2 The Company may make available to the Customer the ability to access, update or amend the Hosted Materials by FTP or similar means.

5.3 For the avoidance of doubt, the Customer will not have administration rights in relation to any shared server, and the Company may refuse any request to change the configuration of a shared server at its sole discretion.

6. Dedicated hosting

6.1 The Company may make available for the exclusive use of the Customer a dedicated server to the Customer meeting the specification as per the Work Agreement in all material respects, and may grant to the Customer administration rights with respect to that server.

6.2 The Customer will not configure, or allow any other person to configure, a dedicated server in any way contrary to the guidelines on dedicated server configuration published on the Company website from time to time.

6.3 The Company may from time to time require that the Customer apply software and/or hardware upgrades to the dedicated server.

6.4 For the avoidance of doubt, dedicated servers made available under the Agreement will remain the property of the Company at all times.

7. VPS/ hybrid server hosting

7.1 The Company may make available for the exclusive use of the Customer a Virtual Private Server (VPS) to the Customer meeting the specification as per the Work Agreement in all material respects, and may grant to the Customer administration rights with respect to that VPS.

7.2 The Customer will not configure, or allow any other person to configure, the VPS in any way contrary to the guidelines on dedicated server configuration published on the Company website from time to time.

7.3 The Company may from time to time require that the Customer apply software and/or hardware upgrades to the VPS.

7.4 For the avoidance of doubt, VPS made available under the Agreement will remain the property of the Company at all times.

8. Email services

8.1 The Company will provide POP3/IMAP and web-based email services to the Customer, including email transmission, storage and/or management services meeting the specification as per the Work Agreement.

8.2 The Company advises the Customer to connect email client applications to the Customer’s mailbox via the IMAP protocol. Where this is not possible, the Company does support the POP3 protocol. However, the Company advises the Customer to understand the implications of the POP3 and IMAP protocols with respect to email transmission, storage and backup. The Company cannot be held responsible for loss of data through the Customer’s email client application.

8.3 The Company performs backup operations of email data in-line with paragraph 10.4. In the event of system failure, the Company will use data from backups to recover the service provided. If the Customer chooses to work with the POP3 protocol and the Company has recovered a mailbox system from a backup, this may lead to the unlikely event of the Customer receiving duplicate copies of emails which the Customer has received previously.

8.4 All mailboxes can be protected by anti-spam and anti-virus software through the Customer using the web hosting control panel.

8.5 If the Customer or a mailbox exceeds the relevant storage limit notified by the Company to the Customer from time to time (currently 400Mb per mailbox at basic level and 2Gb per mailbox at advanced level), the Company will discontinue acceptance of emails until the mailbox volume has been reduced.

9. Resource limits

9.1 The Customer’s utilisation of resources through the Hosting Services must not exceed the Resource Limits as specified in the Work Agreement.

9.2 The Customer acknowledges that the Company may use technical measures to prevent the Customer exceeding the Resource Limits.

9.3 If the Customer’s utilisation of Hosting Services exceeds or threatens to exceed the Resource Limits, the parties will endeavour to agree a variation to the Agreement. If the parties cannot agree such a variation within a reasonable period (being not more than 7 days) following notice from the Company to the Customer requesting such variation, and Resource utilisation continues to exceed those limits, the Customer will be deemed to be in material breach of the Agreement.

10. Availability and scheduled maintenance

10.1 Subject to Paragraph 10.2, the Company will use reasonable endeavours to make its servers available to the Customer as part of the Hosting Services purchased by the Customer for ninety-nine point nine-nine (99.99) per cent of each calendar month.

10.2 The Company may suspend some or all of the Hosting Services in order to carry out scheduled maintenance or repairs. The Company will use reasonable endeavours to ensure that the Hosting Services are not suspended under this Paragraph during Business Hours. The Company will advise the Customer when it wishes to suspend the hosting service for planned maintenance work via announcements on our web hosting status page here unless this domain is affected adversely.

10.3 Company shall use its reasonable endeavours to make the server and the Services available to the Customer as per paragraph 10.1 but because the Services are provided by means of complex computer and telecommunications systems, Company makes no warranties or representations that the Service will be uninterrupted or error-free and Company shall not, in any event, be liable for interruptions of Service or downtime of the server.

10.4 Company carries out data backups for use by Company in the event of systems failure. Even though every effort is made to ensure data is backed up correctly Company accepts no responsibility for data loss or corruption.

10.5 The Company provides data restoration facilities to the Customer through its web control panel. It is the Customer’s responsibility to use this service at regular intervals and to understand how to recover backups. The Company cannot be held responsible for issues arising from data backup and recovery efforts by the Customer.

11. Scripting

11.1 The Company is 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.

12. Data transfer

12.1 Web hosting accounts include unlimited amounts of data transfer.

12.2 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.

13. Web space usage

13.1 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.

14. Back-up of your material and our servers

14.1 It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload (or permit to be uploaded) onto our servers (“Material”) as part of your use of the Hosting Services. In the event of loss of or damage to your Material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure.

14.2 We will follow our archiving procedures for the data stored on our servers. In the event of any loss or damage to our servers, your sole and exclusive remedy will be for us to use reasonable commercial efforts to restore the data on our servers (including your Material) from the latest back-up we maintained in accordance with our archiving procedure. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.

15. Hosting charges

15.1 The Company will issue invoices for the Hosting Charges to the Customer from time to time in advance and/or during the Term.

16. Hosting indemnity

16.1 The Customer hereby indemnifies and undertakes to keep indemnified the Company against all liabilities, losses, costs, expenses (including legal expenses and amounts paid upon advice in settlement of any legal action) arising out of or in connection with any activity upon, or any breach of security of, the Customer’s shared or dedicated server.

17. Term of schedule

17.1 This Schedule will come into force on the Effective Date, and will continue in force until cancelled in accordance with Paragraph 17.2 or 17.3.

17.2 This Schedule will be automatically cancelled on the date of effective termination of the Agreement under Clause 13.

17.3 Either party may cancel this Schedule by giving to the other party at least 30 days’ written notice of cancellation.

17.4 If this Schedule is cancelled under Paragraph 17.3, or terminated by the Customer under Clause 13.2 or 13.3 (but not in any other case):

  • (a) the Company will promptly provide to the Customer an electronic copy of the Hosted Materials; and
  • (b) the Company will provide such assistance as is reasonably requested by the Customer to transfer the hosting of the Hosted Materials to the Customer or another service provider, subject to payment of the Company’s reasonable expenses.