All Users of services provided by Stoke Web Services, by use of such services, accept the terms of business set out in the form of service agreement which follows, irrespective of the mode or manner of ordering employed by the user when ordering the services. Any agreed variation or alteration to part of these terms and conditions as annexed to this Contract will not invalidate the remainder or the whole. Any alteration or addition to the supplies instructed on the order will require to be the subject of a new order. Stoke Web Services is entitled to suspend services if the user does not adhere to any or several conditions of this Contract.
NOTE: Spamming, or the sending of unsolicited email, from a Stoke Web Services server or using an email address that is maintained on a Stoke Web Services machine is STRICTLY PROHIBITED and will result in the immediate cancellation of all hosting services without any refunds being offered or being available.
In this contract unless the context otherwise requires:
“service” or “services” means domain name registration, website hosting, bandwidth provision, email and any other web hosting, graphical creation or website maintenance related service or facility provided by us to you.
“server” means the computer server equipment operated by us and provided to you.
“website” means the area on the server allocated by us to you for use by you as a site on the Internet.
“contract” means the agreement between Stoke Web Services and the user incorporating these conditions.
“charges” means the charges as agreed.
“bandwidth” means the allocated transmission capacity, measured in bits per second, of the network connection as specified in the contract.
“data transfer” means all traffic that passes through the website including specifically but not exclusively web traffic, email or FTP transfers.
“internet” means the global data network comprising Internet connected networks.
“user” means you, the customer, or any person who makes use of the services though you or on your behalf.
2. Domain Name Registration
2.1 We make no guarantee that the domain name you wish to register is capable of being registered for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
2.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. For UK domain registrations you shall ensure that you are aware of the terms and conditions of Nominet UK, the UK naming authority, that can be found at http://www.nominet.org.uk/nominet-terms.html and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name or cancellation of the domain name by the relevant naming authority.
2.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name.
2.4 We give no guarantee that your domain name is or will continue to be available for your use or that no domain name is or will be registered which conflicts with your domain name or which otherwise affects your use of your domain name.
2.5 Stoke Web Services shall be entitled to withhold the release of any domain name to another provider or “tag holder” unless full payment of all amounts due to us at that time for whatever reason has been received by us.
2.6 If payment is not received for any domain name Stoke Web Services may delete or retain the domain for further sale.
3. Website Hosting and Email
3.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the server and we shall have no liability for any loss of or damage to any data stored on the server. We recommend the use of offline backups to avoid any issues.
3.2. You shall effect and maintain adequate insurance cover in respect of any loss of or damage to data stored on the server.
3.3 You represent, undertake and warrant to us that you will use the website allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that
3.3.1 you will not use the website 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.
3.3.2 you will not post, link to or transmit: (a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, 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, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
3.4 You shall keep secure any identification, password and other confidential information relating to your account and 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.
3.5 You shall observe the procedures which we may from time to time prescribe and shall make no use of the website which is detrimental to our other customers.
3.6 You shall ensure that all email is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
3.7 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.
3.8 While we will use every reasonable endeavour to ensure the integrity and security of the server, we do not guarantee that the server will be free from unauthorised users or hackers or from corruption by virus and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email or damage to date or operations.
3.9 Customers are restricted to the data storage, number of domain names, number of email accounts and bandwidth quota as set up to either the set packages or to the written limits for a unique hosting package.
4.1 You are not permitted to resell the Stoke Web Services service without the express permission of Stoke Web Services. Reselling of the Stoke Web Services service will bring you immediate deletion of your account unless otherwise agreed without any offer of reimbursement.
5. Stoke Web Services Service
5.1 This contract does not include the provision of telecommunications services necessary for connection to Stoke Web Services hosting.
5.2 Requests relating to the provision of service are, unless otherwise agreed to be made or confirmed in writing or by electronic mail.
5.3 Stoke Web Services will use all reasonable endeavours to adhere to any dates proposed by either Stoke Web Services or you for the provision of service; however any such date is to be treated as an estimate only and Stoke Web Services accepts no liability for failure to meet such dates.
5.4 Stoke Web Services will use all reasonable endeavours to provide reliable service; however, it is not practicable to provide service free of faults and Stoke Web Services does not undertake to do so. In the event of a fault in service, you must report the fault by telephone or electronic mail to Stoke Web Services as soon as possible. Upon receipt of the fault report, Stoke Web Services will take all proper steps without undue delay to correct the fault. Stoke Web Services shall not, in any event, be liable for interruptions of service or downtime of a server.
5.5 Stoke Web Services may:
5.5.1 temporarily suspend for the purpose of repair, maintenance or improvement, part or all of service, without notice. Stoke Web Services undertakes to use reasonable endeavours to restore service as soon as practicable after any such suspension,
5.5.2 give or update instructions regarding the use of service which in Stoke Web Services’s reasonable opinion are necessary in the interests of safety, or to maintain or improve the quality of service to Stoke Web Services’s customers. Any such instructions shall, whilst they are in force, be deemed to form part of this contract.
5.6 No compensation will be available from Stoke Web Services for any server outages or any other problems causing your site to be unreachable.
5.7 The Customer is solely responsible for providing Stoke Web Services with accurate and current contact information for the customer’s designated points of contact. Stoke Web Services will be relieved of its obligations in this agreement if Stoke Web Services’s contact information for the customer is out of date or inaccurate due to the customer’s action or omission or if Stoke Web Services’s failure is due to reasons of Force Majeure or other circumstances beyond Stoke Web Services’s reasonable control.
6. Commencement and period of service to our server.
6.1 The service shall be for an initial period of twelve months for hosting unless a shorter contract has been specified. The contract term shall commence upon the setup of a hosting account.
6.2 The service shall be for an initial period of twelve months or twenty four months for domain names unless a shorter contract has been specified. The contract term shall commence upon the purchase of any domain names.
7. Bandwidth and data storage.
7.1 If the bandwidth used by your account including specifically but not exclusively web traffic, email or FTP transfers exceeds your allotted quota in any one month period, your account will be suspended immediately until the start of the following month, or your quota raised levying an excess charge to be payable by you.
7.2 The data storage space will not be exceeded and if the limit is met, will result in the possible loss of emails due to insufficient space. Proper storage of emails and files is advised and extra storage space can be raised with a charge payable by you.
8. Content and Misuse
8.1 You will use all reasonable endeavours to ensure that the Stoke Web Services Service is used or includes content that conforms to the laws of this and other countries and will not knowingly permit any illegal use or such use that will bring Stoke Web Services into disrepute.
8.2 You must not, nor must any other person, use the service: to send or receive any material which is offensive, abusive, indecent, obscene, pornographic or menacing, or in breach of confidence, copyright, privacy or any other rights, to cause annoyance, inconvenience or needless anxiety, or in breach of any provisions as contained this contract.
9. Charges and Payment
The Client agrees to pay the charges on the following terms:-
9.1 All Charges shall become due and payable to Stoke Web Services at the time of the agreement of works to be carried out.
9.2 The Client must pay 100% of any hosting and domain name purchasing costs and unless otherwise arranged 50% of the estimated costs of any works to be done by Stoke Web Services immediately upon agreement of works. The remaining 50% of works costs plus any extra costs incurred by Stoke Web Services are to be paid upon completion of said works to a satisfactory level by you, the client.
9.3 In the event of late payment the client shall pay interest on the amount of the charges outstanding at the rate of 8% above the base lending rate from time to time of National Westminster Bank plc as well as levy a charge of £100 for administration and compensation.
9.4 If any payment remains overdue Stoke Web Services reserves the right to immediately remove the client’s website from viewing on the internet and to suspend all other work until payment of all outstanding charges and interest is made. Such removal or withholding does not relieve the client of his or her obligation to pay any outstanding charges and interest. If such a suspension is imposed, you will be liable for a “reconnection” charge of £100.
9.5 The Client shall be liable for and shall indemnify Stoke Web Services against all costs and expenses incurred by Stoke Web Services in respect of any steps, actions or proceedings made or brought against the client by Stoke Web Services to obtain payment of outstanding charges and interest
9.6 All payments must be in UK Pounds Sterling unless otherwise agreed in writing. If any cheque from the client is returned by the bank as unpaid for any reason the client will be liable for an administration fee of £100
9.7 You acknowledge that our services are provided using facilities provided to us by third parties; Stoke Web Services shall have the right, subject to 14 days prior written notice to you, to increase our charges at any time during the contract term or any extension term, whether to reflect increase costs to us from such third parties or otherwise. However, if such increase exceeds 10% of the charge in question prior to such notice you shall be entitled to terminate the contract by written notice to us given by you within 7 days after service of our notice of increase to you. If you do so terminate, you will remain liable for all charges (at the previous rate) up to the date the contract ends.
10.1 If you do not pay the charges in accordance with the provisions of clause 9 of this contract, or break this contract in any other way, or are subject to bankruptcy or insolvency proceedings Stoke Web Services can (without prejudicing, losing or reducing any other right or remedy) suspend service, wholly or partially, without notice (but the user remains liable during the suspension to pay charges for service), or terminate this contract by immediate notice, without prejudice to Stoke Web Services’s pre-existing rights.
10.2 Bankruptcy or insolvency proceeding means bankruptcy proceedings or in Scotland sequestration proceedings, becoming insolvent, making any composition or arrangement with creditors or an assignment for their benefit, any execution, distress, diligence or seizure: or if the user is a company, being the subject of proceedings for the appointment of an administrator, going into liquidation whether voluntary or compulsory (except for the purpose of amalgamation or reconstruction) or having a receiver or administrative receiver of any assets appointed.
10.3 You continue to be liable to pay all charges which are due for service during any period in which you do not comply with this contract.
10.4 On termination of this agreement or suspension of the services we shall be entitled immediately to block your website and to remove all data located on it. We shall be entitled to delete all such data but we may at our discretion hold such data for such period as we may decide, to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your website as we think fit.
10.5 For so long as any sum due to Stoke Web Services hereunder is unpaid or any other amount is due to or properly claimed by Stoke Web Services from you for services or goods supplied or for any other reason, whether pursuant to these terms or otherwise, Stoke Web Services shall be entitled to retain any property owned by you or lawfully in your custody or possession and which is held by Stoke Web Services or by its agents until such time as all amounts due to Stoke Web Services are paid and/or any issue between you and Stoke Web Services is determined.
10.6 If Stoke Web Services waives a breach of contract by you, that waiver is limited to the particular breach. Any delay by Stoke Web Services in acting upon a breach is not to be regarded in itself as a waiver.
11. Termination of Service
11.1 Service may be terminated by either party on giving at least 30 days notice to the other. If Stoke Web Services gives notice you shall pay all charges up to the expiry of the notice. If you give notice, you shall pay any and all charges outstanding and any others for the remainder of the contract.
11.2 Stoke Web Services reserves the right during the contract term and at any time thereafter to terminate this contract by giving to you not less than 30 days prior written notice of termination.
11.3 The hosting and domain names contract is a yearly or bi-annual contract and if you continue service beyond your initial contract term you will be liable to pay for the extension term.
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 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 two days following the date of posting.
13. Matters beyond Stoke Web Services’s reasonable control
Stoke Web Services is not liable for any breach of this contract or liable for any delay or failure in performance of any part of these conditions and its commitments when caused as a result of Force Majeure, war, civil disorder, industrial disputes, inclement weather, acts of local or central government or other competent authorities, and failure by other service providers.
14.1 You acknowledge that Stoke Web Services has no control over the information transmitted via the service and that Stoke Web Services does not examine the use to which you put the service or the nature of the information you are sending or receiving. Stoke Web Services hereby excludes all liability of any kind for the transmission or reception of information of whatever nature.
14.2 Stoke Web Services undertakes no liability whatsoever for the acts or omissions of other providers of telecommunication service or for faults in or failures of their apparatus.
14.3 Stoke Web Services is not in any way liable in contract or otherwise for loss whether direct or indirect of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever.
14.4 Stoke Web Services makes no warranty as regards to its services or equipment and will not be responsible for any damage allegedly suffered or claimed by you for any reason including but not limited to loss of data, wrong or non deliveries and service interruptions.
14.5 All conditions, terms, representations and warranties relating to the services supplied under this agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub clause 14.6.
14.6 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
14.7 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services shall be limited to the charges paid by you in respect of the services which are the subject of any such claim.
14.8 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of services by us to you and your use of the services and the server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this agreement.
16. Intellectual Property Rights
You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the services, including without limitation, clearance and/or consents in respect of, but not limited to, your proposed domain name, any graphics used by Stoke Web Services on your behalf, any textual content used by Stoke Web Services on your behalf.
You may assign all or part of this contract to any other party only with the prior written agreement of Stoke Web Services. Stoke Web Services reserves the right to assign all or part of this contract at any time to any subsidiary or associate company of Stoke Web Services.
This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.
Headings are included in this agreement for convenience only and shall not affect the construction or interpretation of this agreement.
20. Entire Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this agreement.