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[ Warning: if you are using these terms and conditions this file must be edited before
customers use your HostPay installation
You should change every instance of COMPANYNAME and URL at a minimum, then delete this notice ]

Terms and Conditions

You indicate acceptance of these terms and conditions of service by placing an order with COMPANYNAME Ltd.
 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, 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	"COMPANYNAME" means COMPANYNAME Ltd

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 COMPANYNAME 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 COMPANYNAME.

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 COMPANYNAME with data that will be hosted on COMPANYNAME's servers
        and made accessible via the Internet.

2.2	COMPANYNAME provides web hosting services and has agreed to host the Customer's data upon the 
        following terms and conditions.

3	DUTIES

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

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

4.2	COMPANYNAME 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	COMPANYNAME 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	COMPANYNAME do not provide credit facilities.

4.6	From time to time COMPANYNAME 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	COMPANYNAME provide "Money-Back Guarantees" on certain products. Should your product qualify for this guarantee
        please raise a support ticket at URL 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 yearly services that are cancelled before then end of the year.

4.9     Should your chosen payment method fail COMPANYNAME 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. COMPANYNAME 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	COMPANYNAME 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 COMPANYNAME 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 COMPANYNAME ("COMPANYNAME's software") 
        in order to use the Services, COMPANYNAME 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 
        COMPANYNAME 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 COMPANYNAME Software.

6.2	In relation to COMPANYNAME's obligations under this Agreement in connection with the provision of the Services,
        the Customer grants to COMPANYNAME 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 COMPANYNAME 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 COMPANYNAME Software.

6.4	COMPANYNAME 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,
        COMPANYNAME 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     COMPANYNAME 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,        
        COMPANYNAME makes no warranties or representations that the Service will be uninterrupted or error-free and         
        COMPANYNAME shall not, in any event, be liable for interruptions of Service or downtime of the server.

7.2	COMPANYNAME carries out data backups for use by COMPANYNAME in the event of systems failure. 
        COMPANYNAME do not provide data restoration facilities for individual customers. 
        Even though every effort is made to ensure data is backed up correctly COMPANYNAME 
        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 COMPANYNAME'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,
        COMPANYNAME 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 
        COMPANYNAME 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 COMPANYNAME and the password will be changed.

10	WARRANTIES

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