THE WEB HOSTING

Terms and conditions

THE WEB HOSTING is a trading style of Cloudli LTD, a registered UK entity.

You indicate acceptance of these terms and conditions of service by placing an order. These terms and conditions will not be varied for individual customers.

Our Cookie Policy

A cookie is a small data saved on your browser. We use this cookie to process your orders and provide you with the required browsing experience. We also log your IP to protect your account and offer you the best customer service possible.

Our Terms and Conditions

  1. Definition
    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, trademarks, design rights, applications for any of the 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 “IP address” stands for internet protocol address, which is the numeric address for the server;
    1.1.4 “ISP” stands for the internet service provider;
    1.1.5 “server” means the computer server equipment operated by THE WEB HOSTING in connection with the provision of the Services;
    1.1.6 “the Services” means web hosting, domain name registration, email, and any other services or facilities provided by THE WEB HOSTING.
    1.1.7 “spam” means sending unsolicited and bulk emails;
    1.1.8 “virus” means a computer program 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”;
    1.1.9 “visitor” means a third party who has accessed the website;
    1.2 Product specifications and details may be found at THEWEBHOSTING.CO.UK.
    1.3 Words denoting the singular shall include the plural and vice versa, meaning any gender shall include all genders.
    1.4 The headings of this Agreement’s paragraphs are inserted for convenience of reference only and are not intended to be part of or affect the meaning or interpretation of this Agreement.
  2. INTRODUCTION
    2.1 The Customer wishes to provide THE WEB HOSTING with data that will be hosted on THE WEB HOSTING’s servers and made accessible via the Internet.
    2.2 THE WEB HOSTING provides web hosting services and has agreed to host the Customer’s data upon the following terms and conditions.
  3. DUTIES
    3.1 THE WEB HOSTING shall provide the Customer with the Services specified in their order subject to the following terms and conditions.
    3.2 The Customer shall deliver to THE WEB HOSTING the website and the software used in the website owned by the Customer or licensed to him by a third party or THE WEB HOSTING in a format specified by THE WEB HOSTING.
  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 THE 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 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 the invoice 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.
    4.4 THE WEB HOSTING does not provide credit facilities.
    4.5 From time to time, THE WEB HOSTING may make inquiries 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.
    4.6 THE WEB HOSTING provides “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 e-commerce packages and domain names, which may not be cancelled once ordered. Customers are limited to using the money-back guarantee once.
    4.7 Pro-rata refunds will not be issued for yearly services that are cancelled before the end of the year.
    4.8 Should your chosen payment method fail, THE WEB HOSTING will attempt to settle your invoice using any other payment facilities available on your account.
    4.9 All services will renew until cancelled by the Customer. THE WEB HOSTING emails the customers primary email address before the renewal or cancellation of services, and it is the customer’s responsibility to cancel services before 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. You must fully complete the cancellation process before your account is cancelled.
    4.10 THE WEB HOSTING can discontinue its services anytime, and we do not take any responsibility for any kind of data loss, including database, files, emails, and any storage.
    4.11 We only offer refunds to our paid hosting accounts.
    4.12 Free web hosting is on an ‘AS IS’ basis and can be discontinued at any time without any notice. If we terminate this service, we will not answer any issues.
    4.13 If we discontinue our Free Web Hosting, we will only offer alternatives to those who have purchased something.
    4.14 We only offer refunds for up to 10 web hosting packages. If you have more than ten packages and decided to cancel all the packages, you will only get a refund of your ten most recent web hosting packages.
  5. IP ADDRESSES
    5.1 THE 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 all IP addresses.
    5.2 Where THE WEB HOSTING changes or removes any IP address, it shall use its reasonable endeavours to avoid disruption.
  6. SOFTWARE LICENCE AND RIGHTS
    6.1 If the Customer requires the use of software owned by or licensed to THE WEB HOSTING (“THE WEB HOSTING’s software”) to use the Services, THE WEB HOSTING grants to the Customer and its employees, agents, and third-party consultants and contractors, a royalty-free, worldwide, non-transferable, non-exclusive licence to use THE WEB HOSTING Software in object code form only, under the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant the Customer any right, title, interest, or intellectual property rights in THE WEB HOSTING Software.
    6.2 With THE WEB HOSTING’s obligations under this Agreement in connection with the provision of the Services, the Customer grants to THE WEB HOSTING a royalty-free, worldwide, 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 with the website (“the Content”). For the avoidance of doubt, this Agreement does not transfer or grant THE 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 THE WEB HOSTING Software.
    6.4 THE WEB HOSTING may make such copies of the Customer contents necessary to perform its obligations under this Agreement. These copies are required for backups and CDN distribution. Upon termination or expiration of this Agreement, THE WEB HOSTING shall destroy all such copies of the Customer’s content and other materials.
  7. SERVICE LEVELS AND DATA BACKUP

7.1 THE WEB HOSTING shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time. The Services are provided through computer and telecommunications systems. THE WEB HOSTING makes no warranties or representations that the service will be uninterrupted or error-free. THE WEB HOSTING shall not, in any event, be liable for interruptions of service or down-time of the server.
7.2 THE WEB HOSTING carries out data backups for use by THE WEB HOSTING in the event of systems failure. THE WEB HOSTING does not provide data restoration facilities for individual customers. Even though every effort is made to ensure that data is backed up correctly, THE WEB HOSTING accepts no responsibility for data loss or corruption.

  1. 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 an email or any 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 Through whatever means, obtain or attempt to get access to areas of THE WEB HOSTING’s network or the Services that are identified as restricted or confidential, including leaving your home directory while using SSH access to servers.
    8.1.8 Operate or attempt to use 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, THE WEB HOSTING is not obliged to monitor and will have no liability for the content of any communications transmitted under the Services.
    8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1, THE WEB HOSTING shall be entitled to withdraw the Services and terminate the Customer’s account without notice.
  2. 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 a user name and password to access the account. The Customer must take all reasonable steps to maintain this user name and password’s confidentiality. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to inform THE WEB HOSTING immediately, and the Customer must change the password.
  3. WARRANTIES
    10.1 The Customer warrants and represents to THE WEB HOSTING that THE WEB HOSTING.’s use of the Content or the Customer Software under 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 THE 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, THE WEB HOSTING shall not be liable to the Customer due to any viruses introduced or passed on to the Customer.
  4. INDEMNITY: The Customer agrees to indemnify and hold THE WEB HOSTING and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs, and other expenses with any claims or actions brought against THE 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.
  5. LIMITATION OF LIABILITY
    12.1 Nothing in these terms and conditions shall exclude or limit THE WEB HOSTING.’s liability for death or personal injury resulting from THE WEB HOSTING.’s negligence or that of its employees, agents, or sub-contractors.
    12.2 The entire liability of THE WEB HOSTING to the Customer regarding 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 occurred.
    12.3 In no event shall THE WEB HOSTING be liable to the Customer for any loss of business, loss of opportunity or loss of profits, or any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable, or THE WEB HOSTING had been made aware of the possibility of the Customer incurring such a loss.
  6. 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 its intention to terminate the Agreement.
    13.2 THE 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 violation 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 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 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 all data held in the customers’ accounts will be deleted on termination.
  7. ASSIGNMENT
    14.1 THE 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 THE WEB HOSTING.’s prior written consent.
  8. 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, lockouts, accidents, virus spread, 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 the 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.
  9. 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.
  10. 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 to 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 two days following the date of posting.
  11. 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.
  12. GOVERNING LAW AND JURISDICTION: This Agreement shall be governed by and construed under England’s law, and the parties hereby submit to the exclusive jurisdiction of the English courts.
  13. DOMAIN NAME REGISTRATION
    20.1 Domain names are not deemed to be successfully registered until they appear in the top-level domain name registrar’s relevant whois database. If a domain name is unavailable, we attempt to register it for you. We would provide a full refund for that domain name if we were unable to register or renew it for you.
    20.2 Please return to this website’s main terms and conditions to view terms and conditions for individual domain name registrars.
  14. SCRIPTING: THE WEB HOSTING 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.
  15. PRIVACY: We collect information about you to process your order and remind you when your renewals are due. We will not sell or give away your email details to any email marketing company that will use it for the sole purpose of spam or otherwise. All our prices are available on our website, and we do not send any promotional emails. The personal information which we hold will be held securely under our internal security policy and the law.
  16. 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 a package with more data transfer.
    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, .net domain name registration, .org domain name registration, cheap web domain and hosting, free transfer domain name, hosting package including a free domain, subdomain or directory.
  17. 24 SERVER USAGE: Should your account use more than 5% of the server’s processing power and have a detrimental effect on other customers, we will discuss alternative solutions for your hosting requirements.
  18. AFFILIATE PROGRAMME: Commission earned via the affiliate program will only be paid using a valid direct debit/credit mandate on your account. It is the customers’ responsibility to ensure they have this facility. If the Customer is not able to obtain this facility, no commission will be paid.
  19. EMAIL NEWSLETTER: THE WEB HOSTING communicates with its customers via email, and as such you agree to receive by email our regular newsletter, which contains changes to our terms and conditions, notification of major outages, updates to our products & features and special offers.
  20. WEBSPACE USAGE: Unlimited webspace is available for genuine web site content, and 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 housekeeping when maintaining their accounts.
  21. MAILBOXES: Mailboxes not accessed for a long time will be deleted from the system.
  22. WEB SITE CONTENTS
    29.1 you will not use the server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
    29.2 you will not post, link to, or transmit:
    (a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane, or otherwise objectionable in any way.
    (b) any material containing a virus or other hostile computer program.
    (c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trademark, design right, copyright, or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
    29.3 you will not send bulk email, whether opt-in or otherwise, from our network. Nor will you promote a site hosted on our network using bulk email.
    29.4 you will not employ programs that consume excessive system resources, including but not limited to processor cycles and memory.
    29.5 We reserve the right to remove any material we deem inappropriate from your web site without notice. We do not host Warez or illegal MP3 content (i.e., you may only upload MP3’s or software if you own the copyright or the rights to distribute the material). We also do not host adult material of any nature.
    29.6 You shall keep secure any identification, password, and other confidential information relating to your account. You shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft, or unauthorised disclosure of your password or other security information.
    29.7 You shall observe the procedures which we may from time to time prescribe and shall make no use of the server, which is detrimental to our other customers.
    29.8 You shall procure that all mail is sent under applicable legislation (including data protection legislation) and in a secure manner.
    29.9 In the case of an individual User, you warrant that you are at least 18 years of age, and if the user is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
    29.10 Users that abuse the network, such as mass unsolicited email (spam), illegal content, fraud, payment invasion, will have their name, website address, details of the abuse, and IP number posted on our “name and shame” forum to aid other hosts and our resellers in refusing you future accounts. Under all circumstances, we will inform your ISP of your actions and, if necessary legal and police departments. We will not tolerate any abuse of our network, and abuse will be punished to the fullest extent allowable under law.
    29.11 You will not host your website against any religion, living or non-living object, colour, or group.
  23. Refund / Cancelation Policy:
    30.1 THE WEB HOSTING provides a refund 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 e-commerce packages and domain names, which may not be cancelled once ordered. Customers are limited to using the money-back guarantee once.
    30.2 Pro-rata refunds will not be issued for yearly services that are cancelled before the end of the year.
  24. Delivery Policy:
    31.1 All our products are delivered electronically. We do not physically send or receive any items.

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