General Terms & Conditions

General Terms and Conditions

The contract terms available here relate to all services but excluding dedicated servers and collocation services.

For terms and conditions that relate to dedicated servers and collocation services please see our Dedicated Terms & Conditions.

The terms of the online customer order form, our Acceptable Use Policy and our 30 day moneyback guarantee are incorporated into these terms and conditions.

Your attention is in particular drawn to the following conditions which are of special importance:

2.7 Estimated dates
Contract Period and Renewal
4.2 Your responsibility to back-up data
6 Our liability to you and the Right to Cancel
7 Indemnity
8.9 and 8.10 Chargeback Fees
9 and 10 Termination
Domain Registration Terms
General Data Protection Contractual Addendum

1. DEFINITIONS

  • 1.1 References to “we”, “us” and “our” are references to Host Solutions, whos office it at Parkside House, East Parade, Harrogate. North Yorkshire. HG1 5LF.
  • 1.2 The terms “you” and “your” refer to any individual, company or business to whom we provide our Services as specified in the online customer order form including a person reasonably appearing to us to act with your authority.
  • 1.3 In these conditions the following words and expressions shall have the following meanings:
    • Commencement Date means the date of our acceptance of your order as notified to you under our account activation notice;
    • Contract means any contract between us and you for the supply of Services incorporating these conditions;
    • Domain Names means Internet addresses which have been registered with the central registration authorities on the Internet on your behalf;
    • Gigabyte means 1,073,741,824 bytes or characters of information;
    • hosting means the making available of your Domain Name on the Internet;
    • Internet means the network of interconnected e-communications and computer systems connected by internet protocol numbers;
    • Megabyte means 1,048,576 bytes or characters of information;
    • Renewal Date means the day following the end of the first billing period specified in the online customer order form and the day following the end of the relevant billing period from time to time;
    • Services the internet services to be provided by us to you as specified in the online customer order form together with any other services which we provide, or agree to provide, to you;
    • Upload means to transfer computer files to our computer system for publication on the Internet or WWW;
    • Web Site means the area on our computer system allocated to you for the purpose of this Contract;
    • WWW means World Wide Web service available on the Internet;
  • 1.4 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
  • 1.5 Condition headings do not affect the interpretation of these conditions.
  • 1.6 Any words in the singular include the plural and vice versa.

2. APPLICATION OF CONDITIONS

  • 2.1 Subject to any variation under conditions 2.2 or 2.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any order, confirmation of order or other document).
  • 2.2 Any variation to these conditions and any representations about the Services shall have no effect unless expressly agreed in writing and signed by our authorised representative on our behalf. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in this Contract. Nothing in this condition shall exclude or limit our liability for fraudulent misrepresentation.
  • 2.3 We reserve the right to alter or amend our terms and conditions by giving you fourteen days’ prior notice by email and by displaying the notice on the our web site in the Terms and Conditions section. If you do not want to accept any new conditions you must inform us immediately by emailing us at [email protected] otherwise you will be deemed to have accepted such new conditions.
  • 2.4 Your order for Services from us shall be deemed to be an offer by you to buy the Services subject to these conditions.
  • 2.5 No order placed by you shall be deemed to be accepted by us until an account activation notice is issued by us.
  • 2.6 You shall ensure that the terms of your order are complete and accurate.
  • 2.7 Any date proposed either by you or us for the provision of the Services is to be treated as an estimate only and we accepts no liability for any failure to meet it.
  • 2.8 These terms and conditions may change or be updated from time to time. It remains your responsibility to access and check these terms and conditions whenever you access this web site. The latest version of these terms and conditions will govern any future usage by you of this web site and the Services.

3. CONTRACT PERIOD

  • 3.1 Subject to termination under conditions 9 and 10 this Contract shall begin on the Commencement Date and shall automatically renew on the relevant Renewal Date for successive periods equal to the billing period set out in the online customer order form or for such period as subsequently agreed by us in writing.

4. YOUR RESPONSIBILITIES

  • 4.1 You agree that you will keep secure the login name and password specified on your online customer order form and not to pass that information to any unauthorised person. In the event of your login name and password being used by any unauthorised person, we accept no responsibility and you will be liable for additional charges arising therefrom.
  • 4.2 It is your sole responsibility to make regular back-ups of your data and files used in connection with the Services. Even though we may make our own periodic back-ups for server maintenance purposes we are not responsible whatsoever for your data or files.
  • 4.3 You agree that you will not:
    • 4.3.1 perform any action that will reduce performance of our servers to the detriment of other users;
    • 4.3.2 upload any virus to the Web Site which could infect our server or other equipment;
    • 4.3.3 allow a virus to enter the Internet by allowing Internet users to download files containing viruses or (knowingly or otherwise) from their web space which is on our server;
    • 4.3.4 upload any material which infringes the intellectual property rights of any other party. We accept no responsibility for your actions in either uploading material to the Internet or in your transferal of any material to other Web Sites (or vice versa);
    • 4.3.5 upload any material which may be considered to be contrary to public decency and morality including (but not limited to) pornographic, barbaric and overtly tasteless material. We reserve the right to randomly inspect the Web Site and in the event that any unauthorised material has been uploaded to that Web Site, we reserve the right to inform the relevant authorities and to terminate this Contact forthwith;
    • 4.3.6 cause or permit or in any way assist in any unauthorised publication or any dissemination of defamatory material or any material which could be considered to be in breach of the civil or criminal laws of England and Wales;
    • 4.3.7 commit any act whereby access is gained by you to any information or resources of any person, body corporate individual, partnership, government agency, national institution, charity or recognised organisation without first having obtained authority from those persons or institutions;
    • 4.3.8 use our servers or network to send unsolicited or spam e-mail to other Internet users regardless of whether we are referred to or not either directly or indirectly in such postings. Failure to meet this obligation would result in the termination of this Contract without refund;
    • 4.3.9 not to use our servers or network either directly or indirectly in a way that would have a detrimental effect on network performance;
    • 4.3.10 do any act or omission the result of which would have the effect of bringing us into disrepute.

5. HIGH RESOURCE USAGE POLICY

  • 5.1 Where we do not operate a bandwidth capping policy we maintain high ratios of bandwidth per Web Site. In the rare circumstances that a user utilizes our server resources to such an extent that it may jeopardize server performance and resources for other users then we reserve the right to implement the following High Resource User Policy at our sole discretion:
    Where a service is delivered with bandwidth restrictions and/or limitations we reserve the right at our sole discretion to charge you for excess bandwidth used however caused at the rate of 45 pence per gigabyte or part thereof.

    • 5.1.1 Resources are defined as bandwidth, processor utilization or disk space;
    • 5.1.2 We reserve the right to suspend or terminate any Web Site immediately in order to prevent the misuse of our servers and to maintain maximum availability for other users. You may be offered alternate hosting options including us hosting the Web Site for an additional fee.

6. LIMITATION OF LIABILITY

  • 6.1 The following provisions set out the our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
    • (a) any breach of these conditions;
    • (b) any use made by you of any of the Services;
    • (c) the content of any information placed by you onto our server;
    • (d) the failure of or any problem experienced by you in the operation of your Web Site;
    • (e) with regard to any application, receipt of, or failure to receive Domain Name registration, the registration, renewal, non-registration, non-renewal, suspension, transfer, failure to transfer, operation, delivery, mis-delivery or any and all combinations or for any errors or omissions or any other actions by the registry administrator arising out of or relating to any application, receipt of, or failure to receive a domain registration; and
    • (f) any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.
  • 6.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract save that where you are a consumer rather than a business no provision of this clause 6 or these conditions shall affect your rights as a consumer.
    As the Services are normally supplied immediately unless agreed otherwise with us there is not normally an opportunity to cancel under regulation 13 of the Consumer Protection (Distance Selling) regulations 2000. (https://www.opsi.gov.uk/si/si2000/20002334.htm_)
  • 6.3 Nothing in these conditions excludes or limits our liability:
    • (a) for death or personal injury caused by our negligence; or
    • (b) for any matter which it would be illegal for us to exclude or attempt to exclude its liability; or
    • (c) for fraud or fraudulent misrepresentation.
  • 6.4 Subject to conditions 6.2 and 6.3:
    • (a) our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the initial total amount paid for the Services or Domain Name registration or £250 whichever is the greater; and
    • (b) we shall not be liable to you for any:
      • (i) pure economic loss
      • (ii) loss of profit
      • (iii) loss of business
      • (iv) loss of anticipated savings
      • (v) depletion of goodwill or otherwise

      in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

  • 6.5 Each provision of this condition 6 is to be construed as a separate limitation applying and surviving even if for any reason one or other of the said provisions is held inapplicable or unreasonable.

7. INDEMNITY

  • 7.1 Without prejudice to any other rights or remedies which we may have against you, you agree to indemnify and keep us indemnified against:
    • 7.1.2 all costs, claims, demands, liabilities, expenses, damages or losses or expenses arising out of or in connection with any breach by you of this Contract; and
    • 7.1.3 all costs, claims, demands, liabilities, expenses, damages or losses or expenses arising out of any action brought or threatened against us by a third party which is caused by or arises from any action or omission of ours carried out pursuant to your instructions.

8. CHARGES AND PAYMENT

  • 8.1 Charges are payable in advance depending on the Service purchased as set out in the online customer order form and time for payment shall be of the essence. It is a condition of the provision of our Services that a regular credit or debit card, direct debit or PayPal payment agreement is in force for the duration of this Contract and you agree to either update your details yourself via the control panel or to inform us of any change to your credit card or contact details. Only by prior agreement will we accept payment via direct bank transfer.
  • 8.2 You may not make payment to us by any other means other than those detailed in condition 8.1 without our prior authority provided to you in writing or electronic mail.
  • 8.3 In the event that we agree to accept payment from you by any means other than credit or debit card you acknowledge that payment must reach our bank account no less than five working days prior to the invoice due date and that arranging this is your sole responsibility.
  • 8.3 You shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by us to you.
  • 8.5 All payments payable to us under the Contract shall become due immediately on its termination despite any other provision.
  • 8.6 Without prejudice to our other rights we reserve the right to charge daily interest on all outstanding amounts from the due date until payment is received in full at the rate equal to 4% per anum above the Bank of Scotland base lending rate as current from time to time whether before or after judgement. Interest shall continue to accrue notwithstanding termination of this Contract for any cause whatsoever. We reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
  • 8.7 Value added Tax where applicable will be added at the appropriate rate to the total of all charges shown on your invoice.
  • 8.8 Where payment is by credit card or debit card you expressly authorise us to charge recurring billing by such method until we receive from you a completed account cancellation notice (see condition 10.2) or the Services end.
  • 8.9 If you dispute any payment made to us you shall contact us immediately to discuss repayment. In the event that you submit an unjustified chargeback (being a credit card or debit card chargeback. then the following shall be due and payable by you within 7 days for each instance of a chargeback:
    • 8.9.1 the charges due and payable by you for the Services used in the period covered by the chargeback; and
    • 8.9.2 such chargeback costs as are levied upon us by your bank or credit card company; and
    • 8.9.3 a chargeback administration fee of £50; and
    • 8.9.4 our reasonable costs and losses incurred in recovering the above-mentioned fees including debt recovery costs, legal fees and debt collection costs.
  • 8.10 In the event of an unjustified chargeback our right to terminate this Contract as set out in condition 9 shall apply save that the period in clause 9.2 shall be shortened to 14 days and the period in condition 9.3 shall be shortened to 10 days.

9. TERMINATION OF THIS CONTRACT BY US

  • 9.1 If you do not pay any charge when due or materially breach this Contract in any other way we can terminate this Contract immediately without the requirement of prior notification.
  • 9.2 If any sum payable under this Contract is still outstanding one month after the service of written notice to you requiring you to pay all outstanding sums in full we may in our absolute discretion suspend the Services.
  • 9.3 If you have still not paid within 14 days of the written notice referred to in condition 9.2 we may in our absolute discretion disconnect the Services, delete your data and terminate the Contract and, if appropriate charge you a daily rate for storage of any of your equipment. Where any charges or payments are still outstanding from you, you must pay us in full (including any outstanding interest) before we release your equipment to you.
  • 9.4 Should we reasonably deem you a threat to the integrity of the our network whether as a result of your actions or threats of such actions or by hostility of your actions or due to any other reason which in our considered opinion would be against our business interest, then we can terminate this Contract immediately without the requirement for prior notification.
  • 9.5 If you go into liquidation or (in the case of an individual or firm become bankrupt) make a voluntary arrangement or have a receiver or administrator appointed we can terminate this Contract immediately without the requirement of prior notification.
  • 9.6 Termination of this Contract by us will result in the retaining by us of all monies received from you who will not be entitled to a refund of monies paid.
  • 9.7 Upon termination of this Contract you shall nevertheless remain liable for all charges due or which would have been payable under this Contract.
  • 9.8 On termination of this Contract we will remove all materials held on our systems and remove all your system privileges.
  • 9.9 Subject to our sole discretion after termination, if we agree that you may once again be reconnected to the service, any re-connection will be subject to an administration charge of £50 together with any outstanding charges payable prior to the re-connection.

10. TERMINATION OF THE CONTRACT BY YOU

  • 10.1 You can terminate this Contract:
    • 10.1.1 at any time within the first 30 days of the Commencement Date subject to the exclusions listed within our 30 day moneyback guarantee and receive a full refund, less any Domain Name registration charges or charges for additional services not included as a part of one of our standard hosting plans;
    • 10.1.2 at any time after the first 30 days of the Commencement Date however unless notice under condition 10.2 is received prior to the next Renewal Date this Contract shall automatically renew for the period covered by the issued renewal notice and no refund will be payable to you and you will remain liable for all charges to the end of the Contract period as defined in condition 3.;
  • 10.2 You must notify us of termination by requesting the cancellation via the Client Portal. The cancellation request can be found under ‘Your Services.

11. REFUNDS

  • 11.1 On receipt of a valid cancellation notice, we may, at our sole discretion, refund unused time paid. However, we retain the right to retain all annual payments.
  • 11.2 A cancellation notice must be received prior to the relevant Renewal Date in order for a cancellation to be effective and processed prior to a renewal payment being taken.11.3 Where at our sole discretion we choose to accept a late cancellation notice an administration charge may be applied to any refund issued with the sole exception of refunds issued in line with our 30 day money back guarantee, in which case no fees are payable.

12. FORCE MAJEURE

  • 12.1 We are not liable for any breach of this Contract if the breach was caused by an act of God, insurrection or civil disorder, war or military operations, terrorism, national or local emergency, protests, riot, civil commotion, acts of omissions of government, highway authority or other competent authority, our compliance with any statutory obligation, industrial disputes of any kind (whether or not involving our employees), fire, lightning, explosion, flood, subsidence, weather of exceptional severity, acts of omission of persons whom we are not responsible (including in particular other telecommunication service providers), or any other cause whether similar or dissimilar outside our reasonable control provided that, if the event in question continues for a continuous period in excess of 90 days, you shall be entitled to give notice in writing to us to terminate the Contract.

13. PROPER LAW

  • This Contract is to be treated as made in England and Wales according to English and Welsh Law and subject to the jurisdiction of the English and Welsh Courts.

14 LIMITATION ON ASSIGNMENT

  • 14.1 You must not assign the benefit of this Contract in whole or in part.
  • 14.2 We reserve the right to assign the benefit of this Contract by giving prior written notice of any assignment to you.
  • 14.3 Except with our prior written consent the Service shall not be used by or on behalf of any person other than you or a third party specified on the application form and no condition shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act.

GENERAL DATA PROTECTION CONTRACTUAL ADDENDUM

This Addendum dated 3rd May 2018 (the “Addendum”) amends, with effect from and including 25 May 2018 (the “Effective Date”), the General Terms and Conditions between Host Solutions and you, (“Controller”) and any other agreements entered into between the parties (the “Agreement”). To the extent this Addendum is not consistent with any terms of the Agreement the terms of this Addendum shall prevail. Other than as indicated herein, capitalized terms and definitions contained herein shall have the same meaning as specified in the Agreement.

    • BACKGROUND
    • (A) As of 25 May 2018 the General Data Protection Regulation (EU) 2016/679 (“GDPR”) will apply in the EEA replacing Directive 95/46/EC and its local implementing legislation in the UK, the Data Protection Act 1998 (“DPA 1998”). Accordingly, the parties can no longer rely on compliance with the DPA 1998 in the UK as being sufficient for controlling, processing or protecting data.
    • (B) In order to comply with its legal and regulatory obligations, the parties wish to update the terms of the Agreement to comply with the GDPR on the terms as set out in this Addendum.
    • Therefore, the parties, intending to be legally bound, and in consideration of the needs for both parties to comply with their respective obligations under the GDPR, agree that any data controller, processing and protection provisions (and/or any other provisions in the Agreement relating to the DPA 1998) shall, as at the Effective Date, be deleted and the following clause shall be incorporated into the Agreement:
    • 1 DATA PROCESSING
    • 1.1 For the purposes of this Agreement the following defined terms shall have the following meanings:
      “Data Protection Law” shall mean (a) Data Protection Act 1998; or (b) from 25th May 2018, the General Data Protection Regulation ((EU) 2016/679 (“GDPR”), read in conjunction with and subject to any applicable UK national legislation that provides for specifications or restrictions of the GDPR’s rules; or (c) from the date of implementation, any applicable legislation that supersedes or replaces the GDPR in the UK or which applies the operation of the GDPR as if the GDPR were part of UK national law, which may include the Data Protection Act 2017;
    • “personal data”, “controller”, “processor”, “data subject”, and “processing” (and other parts of the verb ‘to process’) shall have the meaning set out in the Data Protection Law.
    • 1.2 Each party shall comply at all times with Data Protection Law and shall not perform its obligations under this Agreement in such a way as to cause the other to breach any of its applicable obligations under Data Protection Law.
    • 1.3 In the context of this Agreement, Hosting UK will act as “processor” to the Controller who may act as either “processor” or “controller” with respect to the personal data. Notwithstanding the foregoing, the parties acknowledge that:
    • 1.3.1 where Hosting UK only provides collocation services under the Agreement Hosting UK will not be a Processor; and
    • 1.3.2 where personal data is not accessible to Host Solutions it shall not be a Processor, and therefore, in either case, the obligations of clause 1.7 shall not apply to Hosting UK.
    • 1.4 The Controller represents and warrants to Hosting UK that with respect to any personal data processed pursuant to this Agreement:
      • 1.4.1 all personal data is necessary for the purpose for which it is processed, accurate and up-to-date (and Controller shall at all times comply with Host Solutions’ standard acceptable use policy);
      • 1.4.2 taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Controller has implemented appropriate technical and organisational measures to ensure a level of security appropriate to the risk to the personal data;
      • 1.4.3 the Controller has obtained all the necessary consents from data subjects to process the personal data and to outsource the processing of any personal data to Host Solutions and the Controller covenants that it shall notify Host Solutions in writing if there are any material changes to these consents or to the personal data that Host Solutions processes under this Agreement; and
      • 1.4.4 it is not aware of any circumstances likely to, and will not instruct Host Solutions to process the personal data in a manner that is likely to, give rise to a breach of the Data Protection Law (or any other applicable data protection or privacy laws).
    • 1.5 The Controller acknowledges and agrees that pursuant to its obligation under Article 28(1) of the GDPR to only appoint processors providing sufficient guarantees to implement appropriate technical and organisational measures to meet the requirements of the GDPR, it has assessed Host Solutions’ applicable technical and organisational measures and considers them to be sufficient, taking into account the nature, scope, context and purpose of the processing undertaken pursuant to the Agreement.
    • 1.6 Controller acknowledges and agrees that it is responsible for ensuring the compliance of any of its businesses, affiliates or subsidiaries located in a territory outside the EEA with Data Protection Law in relation to transfers of personal data from Host Solutions to Controller.
    • 1.7 Where Host Solutions processes personal data on behalf of Controller, with respect to such processing, Host Solutions shall:
      • 1.7.1 process the personal data only in accordance with the Agreement (as amended by this Addendum) and the documented instructions of the Controller given from time to time. The Controller acknowledges that Host Solutions is under no duty to investigate the completeness, accuracy or sufficiency of such instructions and any additional instructions outside the scope of this Agreement (as amended by this Addendum) require prior written approval between Host Solutions and Controller (including agreement on any fees payable by Controller to Host Solutions for carrying out such instructions);
      • 1.7.2 only permit the personal data to be processed by persons who are bound by enforceable obligations of confidentiality and take steps to ensure such persons only act on Host Solutions’ instructions in relation to the processing;
      • 1.7.3 protect the personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure. These measures shall be appropriate to the harm and risk which might result from any unauthorised or unlawful processing, accidental loss, destruction or damage to the personal data and having regard to the nature of the personal data which is to be protected (and the Controller shall notify Host Solutions immediately if the nature of such personal data changes in a material way);
      • 1.7.4 remain entitled to appoint third party sub-processors. Where Host Solutions appoints a third party sub-processor, it shall, with respect to data protection obligations:
        • (a) ensure that the third party is subject to, and contractually bound by, at least the same obligations as Host Solutions; and
        • (b) remain fully liable to Controller for all acts and omissions of the third party, and all sub-processors engaged by Host Solutions as at the effective date of this Addendum shall be deemed authorized;
      • 1.7.5 in addition to the sub-processors engaged pursuant to paragraph 1.7.4 (above), be entitled to engage additional or replacement sub-processors, subject to:
        • (a) the provisions of paragraph 1.7.4(a) and 1.7.4(b) being applied; and
        • (b) Host Solutions notifying the Controller of the additional or replacement sub-processor,and where Controller objects to the additional or replacement sub-processor, the parties shall discuss the objection in good faith;
        • 1.7.6 notify Controller without undue delay after becoming aware that it has suffered a personal data breach;
        • 1.7.7 at Controller’s cost and not more than once in any 12 month period permit Controller (subject to reasonable and appropriate confidentiality undertakings), to inspect and audit (during business hours and on reasonable notice) Host Solutions’ data processing activities to enable Controller to verify and/or procure that Host Solutions is complying with its obligations under clause 1.2. Controller shall ensure that its adheres to any applicable Host Solutions site and security policies in the performance of such audit or inspection;
        • 1.7.8 on Controller’s reasonable request and at Controller’s cost, assist Controller to respond to requests from data subjects who are exercising their rights under the Data Protection Law (insofar as it is reasonable for Host Solutions to do so);
        • 1.7.9 save where such countries have been deemed by the European Commission to be providing an adequate level of protection pursuant to the relevant provisions of Data Protection Law, not process personal data outside the EEA without the prior written consent of Controller and, where Controller consents to such transfer, to comply with any reasonable instructions notified to Host Solutions by it. Notwithstanding the foregoing, Host Solutions is expressly permitted to and instructed by Controller that it may transfer personal data to any Host Solutions subsidiary and any Host Solutions subcontractor, subject to first ensuring that adequate protections are in place to protect the personal data consistent with the requirements of Data Protection Law;
        • 1.7.10 on Controller’s reasonable request and at Controller’s cost, assist (insofar as it is reasonable to do so, taking into account the nature of the information available to the Host Solutions and any restrictions on disclosing the information, such as confidentiality) Controller to comply with the Controller’s obligations pursuant to Articles 32-36 of the GDPR (or such corresponding provisions of the Data Protection Law), comprising (if applicable): (a) notifying a supervisory authority that Controller has suffered a personal data breach; (b) communicating a personal data breach to an affected individual; (c) carrying out an impact assessment; and (d) where required under an impact assessment, engaging in prior consultation with a supervisory authority; and
        • 1.7.11 unless applicable law requires otherwise, upon termination of the Agreement delete or return all personal data provided by Controller to Host Solutions (except to the extent this is not reasonably technically possible or prohibited by law).
      • 2 INDEMNITY
        • 2.1 Controller shall indemnify and hold harmless on demand Host Solutions for any loss, damage, liabilities, penalties, expenses or fines incurred (whether foreseeable or unforeseeable or direct or indirect) (“Losses”) as a result of:
        • 2.1.1 the Controller breaching its obligations under clause 1 (Data Processing);
        • 2.1.2 any unsuccessful claim by a data subject when such claim holds both Controller and Host Solutions as jointly and severally liable under the Data Protection Laws.
      • 2.2 Where under Data Protection Law (including without limitation Article 82 of the GDPR) Host Solutions and Controller incur joint and several liability (as Controller and Processor with any other person) and, as such, Host Solutions incurs Losses (other than for damage caused by processing where it has not complied with obligations under Data Protection Law specifically directed to Processors or where it has acted outside or contrary to Controller’s lawful instructions under the Agreement), Controller shall indemnify Host Solutions on demand against all such Losses, save for such liability as corresponds directly to Host Solutions’ part of the responsibility for the damage caused by Hosting UK’s breach of the obligations of Data Protection Law or under this Agreement.
      • 3 LIMITATION OF LIABILITY
      • 3.1 Neither party excludes or limits liability to the other party for any matter for which it would be unlawful for the parties to exclude liability.
      • 3.2 Subject to Clause 3.1, with respect to any claim relating to a breach of Data Protection Law or a breach of this Addendum, Host Solutions shall not in any circumstances be liable to the Controller whether in contract, tort (including for negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, for:
        • 3.2.1 any loss (whether direct or indirect) of profits, business, business opportunities, revenue, turnover, reputation or goodwill; and
        • 3.2.2 any loss or corruption (whether direct or indirect) of personal data or information;
      • 3.3 Subject to Clause 3.1, Host Solutions’ total aggregate liability to the Controller in contract, tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with a breach of Data Protection Laws or a breach of this Addendum or any collateral contract shall in all circumstances be limited to the greater of:
        • 3.3.1 the Charges paid or payable by Controller to Host Solutions under the relevant Agreement in the Initial Term; or
        • 3.3.2 the total Charges paid or payable by the Controller to Host Solutions under the relevant Agreement in the contract year concerned.
      • 4 GOVERNING LAW AND JURISDICTION
      • This Addendum and any dispute or claim arising out of or in connection with it, or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England. The parties agree that the courts of England will have exclusive jurisdiction to settle any dispute (whether contractual or non-contractual) arising from or in connection with the Addendum.

Domain Registrations

When registering a domain name customer are entering into an agreement with not only Host Solutions but also the domain registry.

Host Solutions has wholesale agreements with a number of domain registries. Please refer to the Domain Registration terms page by clicking here for details:

Special Offer Terms & Conditions

These are the additional terms that apply to special offers as they occur from time to time. These are located at https://hostinguk.net/special-offer-terms

Domain Registration Terms

Domain Registration Agreement

Domain names have a variety of basic rules for registration including acceptable characters. Whilst these vary in some respects from registry to registry, there are some fundamental rules which apply to all.

As a guideline, see the following:

Permitted Characters Permitted Length Additional Rules
.COM, .NET, .ORG, .INFO Letters (a-z)
Numbers (0-9)
Hyphens (-)
From 3 to 63 characters.(Not including the extensions) May not begin or end with a hyphen
.BIZ Only for bona-fide business use
.TV May not begin or end with a hyphen
.CO.UK May not begin or end with a hyphen

Note. Domain names are not case sensitive. This means that an uppercase and a lowercase letter are considered to be the same (AAA.com. aaa.com, and AaA.com are all the same domain name).

This list is not exhaustive. We make every effort to ensure that our registration systems do not allow you to bypass these registration rules however there are some occasions where this may not be possible and our checking procedures may fail.

Clients are always advised to seek guidance if they are at all unsure about the domain name they have chosen and its validity. Due to the variety of possible causes for the failure of the domain name validity checker, we cannot be held responsible if a customer attempts to register an invalid domain and that this request is subsequently accepted by our systems. Acceptance of the invalid order by our systems does not constitute acceptance of the domains registration by the relevant domain registry.

Generic Top Level Domain Registrations

The following additional provisions apply to any gTLD’s (generic top-level domain names) that you register through Hosting UK with the various registries:

  • .com/net Domain Names
  • In the case of a “.com” or “.net” registration, the following terms and conditions will apply:
    • Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy (“UDRP”) and comply with the requirements set forth by the Registry; these policies are subject to modification;
    • For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, and (2) where Hosting UK is located, presently St Asaph, Wales.
  • .org Domain Names
  • In the case of a “.org” registration, the following terms and conditions will apply:
    • Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy (“UDRP”) and comply with the requirements set forth by the Registry. These policies are subject to modification;
    • For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, and (2) where Hosting UK is located, presently St Asaph, Wales.
  • .info Domain Names
  • In the case of a “.info” registration, the following terms and conditions will apply:
    • Registrant’s Personal Data. You consent to the use, copying, distribution, publication, modification, and other processing of Registrant’s personal data by Afilias, the .INFO registry, and its designees and agents, in a manner consistent with the purposes specified pursuant to its contract;
    • Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy (“UDRP”) and comply with the requirements set forth by the Registry. These policies are subject to modification;
    • For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, and (2) where Hosting UK is located, presently St Asaph, Wales;
    • Reservation of Rights. Hosting UK and Afilias expressly reserve the right to deny, cancel, transfer, or modify any registration that either registrar or Afilias deems necessary, at its discretion, to protect the integrity and stability of the registry, to comply with any applicable law, any government rule or requirement, any request of law enforcement, any dispute resolution process, or to avoid any liability, civil or criminal, on the part of the registrar and/or Afilias, as well as their affiliates, subsidiaries, executives, directors, officers, managers, employees, consultants, and agents. The registrar and Afilias also reserve the right to suspend a domain name or its registration data during resolution of a dispute.
  • Additional Terms and Restrictions for .Diet, .HipHop & .Juegos
  • In the case of a “.DIET, .HIPHOP and .JUEGOS” registration, the following terms and conditions will apply:
    • For the .DIET, .HIPHOP and .JUEGOS domains, the Registered Name Holder will abide by all applicable laws regarding privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures.
    • For the .DIET, .HIPHOP and .JUEGOS domains, the Registered Name Holder further agrees that if it collects or maintains sensitive health and financial data that it will implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.
  • .biz Domain Names
  • In the case of a “.biz” registration, the following terms and conditions will apply:
    • biz Restrictions. Registrations in the .biz top-level domain must be used or intended to be used primarily for bona fide business or commercial purposes. For the purposes of the .biz registration restrictions, “bona fide business or commercial use” shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS: (A) to exchange goods, services, or property of any kind; (B) in the ordinary course of business; or (C) to facilitate (i) the exchange of goods, services, information or property of any kind; or (ii) the ordinary course of trade or business. For more information on the .biz restrictions, which are incorporated herein by reference, please see: https://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
    • Selection of a Domain Name. You represent that: (A) the data provided in the domain name registration application is true, correct, up to date and complete, and that you will continue to keep all of the information provided correct, up-to-date and complete; (B) to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party; (C) that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever; (D) the registered domain name will be used primarily for bona fide business or commercial purposes and not (a) exclusively for personal use, or (b) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation; (E) you have the authority to enter into this Registration Agreement; and (F) the registered domain name is reasonably related to your business or intended commercial purpose at the time of registration.
    • Provision of Registration Data. As part of the registration process, you are required to provide us with certain information and to keep the information true, current, complete, and accurate at all times. The information includes the following: (A) your full name; (B) your postal address; (C) your e-mail address; (D) your voice telephone number; (E) your fax number (if applicable); (F) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (G) the IP addresses of the primary nameserver and any secondary nameserver for the domain name; (H) the corresponding names of the primary and secondary nameservers; (I) the full name, postal address, e-mail address, voice telephone number, and, when available, fax number of the administrative, technical, and billing contacts, and the name holder for the domain name; and (J) any remark concerning the domain name that should appear in the Whois directory. (K) You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN and/or registry policies, and may be sold in bulk in accordance with the ICANN agreement.
    • Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement: (A) The Uniform Domain Name Dispute Resolution Policy (“Dispute Policy), available at: https://www.icann.org/dndr/udrp/policy.htm; (B) The Restrictions Dispute Resolution Criteria and Rules (“RDRP”), available at: https://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm; (collectively, the “Dispute Policies”).
    • The Dispute Policy sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry or Registrar over the registration and use of an Internet domain name registered by Registrant.
    • The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be endorsed on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider.
    • For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, and (2) where Hosting UK is located, presently St Asaph, Wales.
  • .name Domain Names
  • In the case of a “.name” registration, the following terms and conditions will apply:
    • .name Restrictions. Registrations in the .name top-level domain must constitute an individual’s “Personal Name”. For purposes of the .name restrictions (the “Restrictions”), a “Personal Name” is a person’s legal name, or a name by which the person is commonly known. A “name by which a person is commonly known” includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.
    • .name Representations. As a .name domain name registrant, you hereby represent that: (A) the registered domain name or second level domain (“SLD”) e-mail address is your Personal Name. (B) the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all of the information provided correct, current and complete, (C) to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party; (D) that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever; (E) the registration satisfies the Eligibility Requirements found at: https://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm; and (F) you have the authority to enter into this Registration Agreement.
    • E-mail Forwarding Services. The Service(s), for which you have registered may, at your option, include e-mail forwarding. To the extent you opt to use e-mail forwarding, you are obliged to do so in accordance with all applicable legislation and are responsible for all use of e-mail forwarding, including the content of messages sent through e-mail forwarding. You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and e-mail usage. This includes, but is not limited to the Acceptable Use Policy, as well as the following restrictions. Without prejudice to the foregoing, you undertake not to use e-mail forwarding: (A) to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material; (B) to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network; (C) to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, wilful attempts to overload another system or other forms of harassment; or (D) for spamming, which includes, but is not restricted to, the mass mailing of unsolicited e-mail, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such distribution list. Users are not permitted to provide false names or in any other way to pose as somebody else when using e-mail forwarding.
    • Registry reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry’s e-mail forwarding. However, due to the nature of such systems, which actively block messages, Registry shall make public any decision to implement such systems a reasonable time in advance, so as to allow you or us to give feedback on the decision.
    • Registry reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry’s e-mail forwarding. However, due to the nature of such systems, which actively block messages, Registry shall make public any decision to implement such systems a reasonable time in advance, so as to allow you or us to give feedback on the decision.
    • You understand and agree that Registry may delete material that does not conform to clause (c) above or that in some other way constitutes a misuse of e-mail forwarding. You further understand and agree that Registry is at liberty to block your access to e-mail forwarding if you use e-mail forwarding in a way that contravenes this Agreement. You will be given prior warning of discontinuation of the e-mail forwarding unless it would damage the reputation of Registry or jeopardize the security of Registry or others to do so. Registry reserves the right to immediately discontinue e-mail forwarding without notice if the technical stability of e-mail forwarding is threatened in any way, or if you are in breach of this Agreement. On discontinuing e-mail forwarding, Registry is not obliged to store any contents or to forward unsent e-mail to you or a third party.
    • You understand and agree that to the extent either we and/or Registry is required by law to disclose certain information or material in connection with your e-mail forwarding, either we and/or Registry will do so in accordance with such requirement and without notice to you.
    • Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the dispute policy that is incorporated herein and made a part of this Agreement by reference. You hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement. (A) the Eligibility Requirements (the “Eligibility Requirements”), available at: https://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm ; (B) the Eligibility Requirements Dispute Resolution Policy (the “ERDRP”), available at: https://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm ; and (C) the Uniform Domain Name Dispute Resolution Policy (the “UDRP”), available at: https://www.icann.org/dndr/udrp/policy.htm
    • The Eligibility Requirements dictate that Personal Name domain names and Personal Name SLD e-mail addresses will be granted on a first-come, first-served basis. The following categories of Personal Name Registrations may be registered: (i) the Personal Name of an individual; (ii) the Personal Name of a fictional character, if you have trademark or service make rights in that character’s Personal Name; (iii) in addition to a Personal Name registration, you may add numeric characters to the beginning or the end of the Personal Name so as to differentiate it from other Personal Names.
    • The ERDRP applies to challenges to (i) registered domain names and SLD e-mail address registrations within .name on the grounds that a Registrant does not meet the Eligibility Requirements, and (ii) to Defensive Registrations (as defined by the Registry) within .name.
    • The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and party other than the Registry or Hosting UK over the registration and use of an Internet domain name registered by a Registrant.
    • For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, and (2) where Hosting UK is located, presently St Asaph, Wales.
  • .travel Domain Names
  • In addition, for .travel registrations, the .travel registry reserves the right to revoke the license to use a .travel domain name for the reasons outlined below:
    • The registrant’s status changes and they cease to be a member of the eligible community defined by the .travel Charter and .travel policies.
    • If any prescribed registration, transfer, renewal or other fee is not paid.
    • If a warranty made by the registrant or their agent is breached.
    • If any information provided in the course of registration is incorrect.
    • If misleading, incomplete or incorrect information is supplied in the application for registration, transfer or renewal.
    • Failure to comply with any .travel policy that applies to the registrant at any time.
    • If a court of competent authority orders that the .travel domain name should not be licensed to the Registrant, be removed from the registry or be licensed to another person.
    • If the .travel domain name, or the use of the .travel domain name, is not in the best interests of the Sponsored community.
    • If instructed by the registrant or its authorized agent.
    • If a .travel domain name which could not otherwise be registered under this policy is registered through mistake on the part of the registrant or the Registry.
  • The .travel registry may make contact with registrants directly. Hosting UK acknowledges the registry’s right and interest in making direct contact with .travel registrants from time to time without notice to Hosting UK, and agrees to facilitate such contacts if requested to do so by the registry.
  • Such contacts may include, but are not limited to, requests by the registry to registrants for annual confirmation of eligibility, updates, amendments, or additions to data supporting the registrant’s eligibility to hold a .travel domain name, and updates, amendments, or additions to the registrant’s directory data.
  • Country Code Top Level Domain Registration and Administration
  • In addition to registering and renewing gTLD’s domain name registrations, Hosting UK, and its suppliers, also register and renew various country code top level domains (“ccTLD’s”). The registry administrator for each ccTLD’s varies by individual country code.
  • By agreeing to the terms and conditions set forth in this Agreement, you and the domain registrant are also agreeing to be bound by the rules and regulations set forth by these registry administrators for their respective registries only.
  • We may, in our sole discretion, elect to discontinue offering registrations or renewals of some or all ccTLD;s.

The following additional provisions apply to any ccTLD’s (country code top-level domain names) that you register through Hosting UK with the various registries:

  • .cc Domain Names
  • In the case of a “.cc” registration, the following terms and conditions will apply:
    • Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at https://www.verisign.com/information-services/namingservices/cctlds/page_042130.html .
      Please take the time to familiarize yourself with this policy.
    • Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at: https://www.verisign.com/information-services/namingservices/cctlds/page_042130.html You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
  • .tv Domain Names
  • In the case of a “.tv” registration, the following terms and conditions will apply:
    • Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another Registrar, you agree to be bound by the Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at https://www.icann.org/dndr/udrp/policy.htm. Please take the time to familiarize yourself with this policy.
    • Policy. You agree that your registration of the .tv domain name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN or government adopted policy, or pursuant to any Registrar or registry procedure not inconsistent with an ICANN or government adopted policy, (1) to correct mistakes by us or the applicable Registry in registering the name or (2) for the resolution of disputes concerning the domain name. You acknowledge that you have reviewed the .tv General Terms of Service which may be found at https://www.verisign.com/information-services/namingservices/cctlds/page_042130.html “and expressly agree to the terms outlined therein.
  • .uk Domain Names
  • In the case of a “co.uk”, “.org.uk”, “ltd.uk”, “net.uk”, “plc.uk” or “me.uk” Requested Domain, the following terms and conditions will apply:
    • “Nominet UK” means the entity granted the exclusive right to administer the registry for .uk domain name registrations.
    • Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy which is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at: https://www.nominet.org.uk/disputes/. Please take the time to familiarize yourself with this policy. Nominet UK Policy. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Nominet UK-adopted policy, term or condition, or pursuant to any registrar or registry procedure not inconsistent with an Nominet UK-adopted policy, (1) to correct mistakes by a registrar or the registry in registering the name, or (2) for the resolution of disputes concerning the domain name. The current Nominet UK terms and conditions can be found at: https://www.nominet.org.uk/disputes/terms/ When you submit a request for a domain name registration with Hosting UK and/or Reseller, you will be entering into two contracts, one contract with Hosting UK and/or Reseller and one contract with Nominet UK. Hosting UK and your Reseller will act as agents on your behalf by submitting your application to Nominet for you; however, you will still be entering into a direct contract between you and Nominet UK. For the full agreement visit https://www.nominet.org.uk/registrants/aboutdomainnames/legal/terms/ . Hosting UK and Reseller must also make you aware that by accepting Nominet’s terms and conditions you are consenting to Nominet using your personal data for a variety of reasons. In particular, your name and address may be published as part of Nominet’s Whois look-up service.
    • Transfer of Ownership. Any transfer of ownership in and to a domain name registration shall be affected in accordance with Nominet UK policies and procedures.
  • .us Domain Names
  • In the case of a “.us” registration, the following terms and conditions will apply:
    • “DOC” means the United States of America Department of Commerce.
    • “.us Nexus Requirement”. Only those individuals or organizations that have a substantive lawful connection in the United States are permitted to register for .usTLD domain names. Registrants in the .usTLD must satisfy the nexus requirement (“Nexus” or “Nexus Requirements”) set out at: https://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
    • Selection of a Domain Name. You certify and represent that: (A) You have and shall continue to have, a bona fide presence in the United States on the basis of real and substantial lawful contacts with, or lawful activities in, the United States as defined in Section (ii) hereinabove; (B) The listed name servers are located within the United States; (C) The data provided in the domain name registration application is true, correct, up to date and complete, and that you will continue to keep all of the information provided correct, up-to-date and complete; (D) To the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party; (E) That the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever; (F) You have the authority to enter into this Registration Agreement.
    • Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy and the usDRP, as defined below that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with these policies.
    • Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement: (A) The Nexus Dispute Policy (“Dispute Policy), available at: https://www.neustar.us /policies/docs/nexus_dispute_policy.pdf . The Dispute Policy will provide interested parties with an opportunity to challenge a registration not complying with the Nexus Requirements. (B) The usTLD Dispute Resolution Policy (“usDRP”) available at: https://www.neustar.us/policies/docs/usdrp.pdf . The usDRP is intended to provide interested parties with an opportunity to challenge a registration based on alleged trademark infringement. (C) In addition to the foregoing, you agree that, for the adjudication of disputes concerning or arising from use of the Registered Name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (i) of your domicile, (ii) where Hosting UK is located, and (iii) the United States.
    • Policy. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Hosting UK, Registry Operator, the DOC or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a DOC or government-adopted policy, (1) to correct mistakes by us or the applicable Registry in registering the name or (2) for the resolution of disputes concerning the domain name. The Registry Operator’s policies can be found at https://www.neustar.us/policies.
    • Indemnity. The DOC shall be added to the parties you have agreed to indemnify in Section 13 hereinabove. Information. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information: (A) Your full name, postal address, e-mail address and telephone number and fax number (if available) (or, if different, that of the domain name holder); (B) The domain name being registered; (C) The name, postal address, e-mail address, and telephone number and fax number (if available) telephone numbers of the administrative contact, the technical contact and the billing contact for the domain name; (D) The IP addresses and names of the primary nameserver and any secondary nameserver(s) for the domain name;
    • In addition to the foregoing, you will be required to provide additional Nexus Information. The Nexus Information requirements are set out at https://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf . Any other information, which we request from you at registration, is voluntary. Any voluntary information we request is collected for the purpose of improving the products and services offered to you through your Reseller.
    • Disclosure and Use of the Registration Information. You agree and acknowledge that we will make domain name registration information you provide available to the DOC, to the Registry Operator, and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our Whois service) or other purposes as required or permitted by the DOC and applicable laws. You hereby consent to any and all such disclosures and use of information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us. You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through your Reseller. We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement. We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized accessory disclosure, alteration or destruction of that information.
  • .me Domain Names
  • In the case of a .me registration, the following terms and conditions shall apply:
    • Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at https://domain.me/policies/ . You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
    • Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the .me Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at https://domain.me/policies/. Please take the time to familiarize yourself with this policy.
  • .EU DOMAIN NAMES
  • In the sunrise period, the cost to apply for a .eu domain name is £134. A partial refund is made to you in some cases, if your application is unsuccessful:
    • If you fail to send the required evidence within 40 days to the Validation Agents, or if your application is not considered by the registry (e.g. your chosen domain has already been awarded to another party), then you will receive a refund of £84.
    • If you submit your evidence and it is examined by the Validation Agent, whether your application is successful or not, no refund will be made.
    • If you are eligible for a refund, then Hosting UK will process this once the registry returns our fees. The prices quoted here are exclusive of VAT.
  • .CO DOMAIN NAME PRE-REGISTRATION
    • Hosting UK .CO pre-registration terms and conditions are applicable to anyone and everyone who pre-registers one or more .CO domain names with Hosting UK.
    • Pre-registration is on a first come first serve basis. Domains will be passed into General Availability based on the order in which they were pre-registered on our system.
    • Customers acknowledge that whilst Hosting UK will use reasonable endeavour to pass pre-registered .CO domains into General Availability for full registration, it will not accept any liability if the .CO domain name(s) cannot be registered for any reason.
    • Hosting UK obligation for the eventual full registration of pre-registered .CO domain name is limited to forwarding the list of pre-registered .CO domains to the relevant registry on 20th of July 2010
    • Payment for the pre-registered .co domain names will be collected at the time of placing the pre-registration.
    • If full registration is not possible at General Availability, of any .CO pre-registered with Hosting UK, a registration cost of £27.99 per domain year will be refunded to the customer, minus a one off £3 processing fee. Refunds shall be processed within 30 days following the General Availability launch date.
    • You acknowledge that the .CO launch date is not within the control of Hosting UK and may change without notice. If the general availability launch date does change, Hosting UK will attempt to full register all pre-ordered domain names on the new launch date. A change of launch date does not constitute a valid reason to claim a refund on your pre-registration.
    • You acknowledge that the .CO launch date is not within the control of Hosting UK and may change without notice. If the general availability launch date does change, Hosting UK will attempt to full register all pre-ordered domain names on the new launch date. A change of launch date does not constitute a valid reason to claim a refund on your pre-registration.
    • Hosting UK reserves the right to end this service or alter the terms and conditions of this service at any time without prior notice or consent.
    • .SCOT DOMAIN NAMES TERMS AND CONDITIONS
    • Anyone registering in the priority period, pre-ordering (pre-reg) or applying for a .scot domain name on or after General Availability are bound by the general terms and conditions of the .scot registry – for information on these terms please click here.
      • Pre-order
      • Any pre-registration (none priority period applications) for the .scot domain name are bound by the same terms and conditions for other new gTLD domain names.
      • Priority period applications
      • The following terms relate to customers who have applied for .scot domain names during the Priority periods (July to September 2014).
        • Priority 2 – Public Interest Limited Registration Period
        • 15th July 2014 – 14:00 GMT (13:00 UTC) 19th September 2014
        • For legal entities with a specific role in the promotion of the worldwide Scottish community including public authorities in Scotland.
        • Entities eligible for this category may register;
          • Their own name, including clear variations and or abbreviations
          • Their online services
          • The same domain they have registered in another TLD and is being effectively used
          • Their registered trademark
        • Public Authorities may also register;
        • Names of public services for which the Public Authorities have specific responsibilities. These would include at least, amongst others the following services;
          • Public order and public security
          • Public affairs and institutional relations
          • Taxation, economic development and promotion
          • Transportation
          • Public health
          • Public utilities
          • Urban planning and environmental protection
          • Citizen participation
          • Culture and education
          • Tourism
          • Geographical names for any administrative level of Scotland (e.g. provinces, cities, districts, neighbourhoods, streets…), local landmarks, and other locally-relevant and iconic names over which the Public Authority are the relevant authority according to law.
        • Registrants must supply proof that they are part of certain public directories which makes them eligible for registering the domain name. Applications in this priority period will be validated by the .scot registry and will be checked against a list of publicly available resources which will be provided by .scot. (We do not have this info from .scot yet)
        • Registrants must supply;
          • Their current URL
          • Their statement of intended use for the domain name

Contention for the same domain applied for by more than 1 party in this phase will be resolved on a first come first served basis.

      • Priority 3 – Limited Registration Period for Local Trademarks (non TMCH))
      • 15th July 2014 – 14:00 GMT (13:00 UTC) 16th September 2014
      • This category is for non TMCH validated trademarks with effect in Scotland applied on or before 13th June 2012 and granted on or before 23rd January 2014 and in force at time of registration of the domain name. For this launch local trademarks refers to;
        • British trademarks registered at the United Kingdom Intellectual Property Office
        • EU Community trademarks registered at the Office for Harmonization of the Internal Market
        • WIPO International trademarks with effect in the UK
      • Registrants must supply;
        • The trademark number
        • Name of the trademark authority that issued the trademark i.e. IPO, WIPO or OHIM
        • Their statement of intended use for the domain name
      • Applications in this priority period will be validated by the .scot registry and CORE Association as an agent of the registry. Applications will be individually verified with the aid of the IPO search tool available online: https://www.ipo.gov.uk/types/tm/t-os/t-find.htm
      • This database contains all three types of Local Trademarks eligible under this program i.e. British Trademarks, EU Community Trademarks and WIPO International Trademarks in force in the UK.
      • If a trademark holder has registered with the TMCH they will have priority over the domain even if it is for example a US trademark.
      • Contention for the same domain applied for by more than 1 party in this phase will be resolved by auction process.
      • Priority 4 – Other Rights Limited Registration Period
      • 15th July 2014 – 14:00 GMT (13:00 UTC) 16th September 2014
      • This phase allows registrants that are legal entities, not individuals, with its legal seat in Scotland able to buy certain domains;
        • Their official registered name and/or trading name, including clear variations and or abbreviations
        • The same domain they have registered in another TLD and which is being effectively used
      • Registrants must supply;
        • Their current URL
        • Their statement of intended use for the domain name
      • Applications in this priority period will be validated by the .scot registry and CORE Association as an agent of the registry. Applications will be individually checked against online resource provided by Companies House Register, the official UK government register of UK companies;
      • https://wck2.companieshouse.gov.uk/wcframe?name=accessCompanyInfo
      • Contention for the same domain applied for by more than 1 party in this phase will be resolved by auction process.
      • No Priority Landrush
      • 15th July 2014 – 14:00 GMT (13:00 UTC) 16th September 2014
      • For registrants who do not fit into one of the above categories but still want to purchase a .scot domain before the general availability launch on 23rd September 2014
      • Registrants must supply;
        • Their statement of intended use for the domain name
      • Contention for the same domain applied for by more than 1 party in this phase will be resolved by auction process.
  • .XXX DOMAIN NAME PRE-REGISTRATION
    • .xxx pre-registration terms and conditions are applicable to customers who pre-register .xxx domain names with Hosting UK.
    • Pre-registering of .xxx domain name(s) in the Sunrise A, Sunrise B and Landrush queues will be NOT awarded on a “first-come, first-serve” basis.
    • Pre-registering of .xxx domain name(s) in the General Availability phase will be awarded on a “first-come, first-serve” basis. If the domain name(s) in question is pre-registered with us by another customer before your own, their registration will be submitted first.
    • All Sunrise and Landrush applicants may be required to provide documentary evidence to verify the domain registration and trademark information provided during pre-registration process.
    • Customer acknowledges that whilst Hosting UK will use its reasonable endeavor to register a pre-registered .xxx domain(s), Hosting UK does not accept any liability if the .xxx domain name(s) cannot be registered for any reason.
    • Hosting UK’s obligation for the registration of pre-registered .xxx domain name is limited to forwarding the pre-registered list on the 7th September 2011
    • Domains registered by a member of the Sponsored Community will only resolve if they have been authenticated, non-members domains will not resolve.
    • Payments for various phases (Sunrise A/B, Landrush and General Availability) of pre-registered .xxx domain names will be collected at the time of placing the order with Hosting UK.
    • If you are unsuccessful in the registration of an .xxx domain name(s) during Sunrise A, Sunrise B and Landrush Periods fees will not be refunded.
    • In the event of an unsuccessful registration attempt during the General Availability pre registration phase, a refund will be given – minus as registration fee of £20
    • Customers will be refunded (minus any fees) within 30 days following the General Availability launch date.
    • You acknowledge that the .xxx launch date is not within the control of Hosting UK and may change without notice. If the Sunrise A, Sunrise B, Landrush and General Availability launch dates does change, Hosting UK will attempt to register all pre-ordered domain names on the new launch date. A change of launch dates does not constitute a valid reason to claim a refund on your pre-registration.
    • Hosting UK .xxx domain name pre-registration terms and conditions are subjected to standard Hosting UK’s terms and conditions.
    • Hosting UK reserves the right to end this service or amend the terms and conditions of this service at any time without prior notice or consent.
  • CentralNic Domain Names
  • In the case of a “.de.com”, “.eu.com”, “.ae.org”, “.us.com”, “.la”, “.br.com”, “.cn.com”, “.gb.net”, “.jp.com”, “.sa.com”, “.se.net”, “.uk.com” ,”.uk.net”, “.uy.com” or “.za.com” Requested Domain, the following terms and conditions will apply:
    • “CentralNic” means the entity granted the exclusive right to administer the registry for “.de.com”, “.eu.com” etc. domain name registrations
    • Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy which is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at: https://www.centralnic.com/support/dispute
    • Full CentralNic Terms & Conditions can be found: www.centralnic.com/support/terms/domains

Acceptable Usage Policy

Your use of the Services means that you accept, and agree to abide by, all the policies in this acceptable use policy, which are incorporated into our Standard Terms and Conditions (https://hostinguk.net/terms). You must comply with the spirit of this acceptable use policy as well as the letter.

Words defined in our Standard Terms and Conditions shall have the same meaning in this acceptable use policy.

Prohibited uses

You may use our site or the services we provide only for lawful purposes. You may not use our site or services:

• In any way that breaches any applicable local, national or international law or regulation;
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• For the purpose of harming or attempting to harm minors in any way;
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
• To send, knowingly receive, upload, download, use or re-use any material which: • is defamatory of any person;
• is obscene, offensive, hateful or inflammatory;
• promotes sexually explicit material;
• promotes violence;
• promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringes any copyright, database right, trade mark or other intellectual property right of any other person;
• is likely to deceive any person;
• is made in breach of any legal duty owed to a third party such as a contractual duty or a duty of confidence;
• promotes any illegal activity;
• is threatening, abusive or invades another’s privacy, or causes annoyance, inconvenience or needless anxiety;
• is likely to harass, upset, embarrass, alarm or annoy any other person;
• advertises for sale substances that are legal in law but are known to be abused;
• is used to impersonate any person, or to misrepresent your identity or affiliation with any person; or gives the impression that it emanate from us if this is not the case.

You also agree not to access without authority, interfere with, damage or disrupt:

• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.

You may not register for an account with us or sign up or use our services for the purposes of testing or vetting security measures in any way or format without our express written consent to do so.

Resource usage

The purpose of the web hosting space provided is for use with web hosting and all files uploaded or stored must comply with this requirement and be visible and accessible to end users visiting the web site or domain.

Web Hosting and WordPress Hosting plans are designed to host most personal, small business and organization websites, and so we offer unlimited bandwidth and some plans offer unlimited disk space and websites. This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the operation of your website, provided it complies with this acceptable usage policy and our terms and conditions of service.

Web Hosting and WordPress hosting plans, to include plans classed as unlimited shall be subject to the following limits:

For Linux hosted plans, there is a limit of no more than 250,000 inodes per account and no more than 500,000 files or folders per account for Windows hosting accounts.

Linux hosting plans may not consume more than 1) 25% of any one CPU core; 2) 512Mb of RAM; 3) 100 website connections; 4) 100 active processes; 5) 1MB/s disk IO.  Should these resources be exceeded your web site may slow down or content may not be served until more resources are provided, which may be available for additional fees.

Hosting plans which are advertised and/or sold as WordPress Hosting plans are provided on systems specifically optimised for WordPress hosting and so may only be used to host a WordPress site.  Should the hosting plan be found to host or contain a non-WordPress web site and/or content a warning may be issued and you will be required to remove the non-WordPress content or you may be required to change to an appropriate hosting plan should this continue.

In the event the bandwidth, number of websites or disk space usage of your website presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS or Dedicated Server, or we may take action to restrict the resources your website is utilizing.

Website Content

The web hosting space will not be used as a file storage method for purposes other than serving content for your web site and in any event may not contain the following content;

• Warez’ content or content commonly known to be pirated or illegal copies of software or other works;
• MP3’s or other audio formats of copyrighted music;
• Movie downloads in any format whether complete or in part;
• Pornographic material;
• Any content that is illegal under UK or European law;
• Image hosting scripts that allow an anonymous user to upload an image for display on another website;
• Banner advertising services for display on other websites or devices (commercial banner advertisement rotation);
• File dump/mirror scripts that allow anonymous users to upload a file for others to download;
• Commercial audio streaming (more than one or two streams);
• Push button mail scripts that allow the end user to specify recipient email addresses;
• Anonymous or bulk SMS gateways;
• Backups of content from a computer or website;
• Bittorrent trackers
• Any script that causes a degradation in the performance of our server or network environment;

We reserve the right to serve notice to suspend service, suspend service, or remove any files which do not comply with these rules

Standard email services supplied with shared hosting and email only hosting packages.

Our shared and reseller hosting, also encompassing our email only hosting plans, are provided with email services and facilities. The maximum permissible emails that can be sent out in any single hour is 300 from a domain. We do not provide catch all mailboxes as these are commonly spam magnets. For windows hosting customers, all emails from deleted items will be deleted at 15 days age, Sent Items at 30 days age, inbox 365 days and spam folder 7 days. however these default settings can be changed. Each email sent must have 40 or less recipients. The total email allowance per domain name is 1024mb. this means all mailbox’s together must not exceed 1024mb, however we can increase this to 2048mb if proven more space is needed, this is on a per domain basis. Whilst our standard email services as supplied with our shared and reseller hosting plan are typically of high quality and features we do not warrant them in any way.

Note – these limits and policies do not apply to our Microsoft Exchange hosting service. Customers requiring higher limits and policies or a business class email service should purchase our Microsoft Exchange hosting service.

Mass Mailing

Mass mailing is not allowed on Hosting UK shared hosting servers. A dedicated mass email server can be provided with the use of unlimited SMTP for sending via programmatic means from shared hosting on our web sites if required. Anyone who sends mass mail and is found to have caused problems affecting Hosting UK mail servers or IP reputation will be subject to a fine and have their domain and service suspended.

Any user who by their action or inaction and who’s services are found to be sending spam emails will be levied a fine of £90.00 to cover Hosting UK’s time in performing any clean-up action required to our mail servers. Any user who by their action or inaction and who’s service causes IP black listings may be given a fine of up to £200.00. Any user who by their action or inaction and who’s services result in complaints from other companies, for example spamcop, aol, yahoo etc. may be given a fine of not less than £90.00 to cover administration fee’s for Hosting UK time.

Databases

Any customer who’s database service usage results in excessively high server resource utilisation to the detriment of service or to our other customers will have their database suspended pending remedial action.  The onus is on the customer to monitor database space usage and take action to ensure they do not exceed their database limits.   We expect that any databases will be in use with a web site and will be maintained.  There should be no more than 1,000 tables per database and no more than one gigabyte of storage per database.  Any service found to exceed storage limits may result in the suspension of services.

Where this occurs we will unsuspend services on request providing that remedial action is taken by the customer to return the services back within limits.  Should such action not be taken as required and a further suspension be made an administration fee of £35.00 may be levied for our time.  Where overuse occurs we reserve the right to charge for space used over and above allowances in order to prevent future suspensions or to charge for future unsuspensions at the rate of £35.00 per instance.

Proxy Services

Proxy services are often used to hide the originating users true IP address or location.  Unfortuantely this presents us with a number of issues relating to our obligations relating to security, finance and taxation and so accessing our services via proxy services is expressly prohibited.  Where we find proxy services have been used to sign up for an account or to otherwise disguise the location of the account holder we reserve the right to terminate any accounts and services used in this manner without notice.

Personal Conduct

We will always do our best to be respectful and in our dealings with you, by email or by phone, treat you in the manner in which we ourselves would expect to be treated. We fully expect that our customers will treat us the same way.

That can be a challenge sometimes for both parties as we recognise that things can sometimes get frustrating. Computers do have errors (often caused by humans) and humans also make mistakes from time to time. Whether those computers or humans are either yours or ours, we expect that both parties will remain calm and deal with any issues that occur professionally.

On rare occasions a customer will become threatening or abusive. This can manifest itself in the use of all capitals in email (considered in general internet terms as shouting) or the use of abusive language. On the phone this includes shouting and abusive language.

On such occasions we reserve the right not to answer the email or to hang up. We don’t need any abuse (the job can be challenging enough) and simply won’t tolerate it. If a customer feels the need, do as we do – leave your desk and go for a walk. Breath. Talk to somebody and vent if you need to – just not at us.

Twitter & Social Media

We understand that social media is a great place to voice opinions, however we it”s also often used as a platform to berate and abuse companies and to extort them with negative PR. This is often to push them into giving people their own way, whether that’s jumping a queue or getting products or services at a discount.

Abusing us on social media is also something we have a zero tolerance against. We wouldn’t dream of abusing you over social media, so we don’t expect our customers to abuse us. We understand that people may use it to voice dissatifaction however we expect that customers remain civil and act with civility at the very least, as we will.

Abusive behaviour over social media may result in termination of your account. If appropriate we may also report offensive comments or behavior to the relevant authorities.

Suspension and termination

We will determine, in our sole discretion, whether you have breached this acceptable use policy. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of our Standard Terms and Conditions and, in addition to our rights contained therein, may result in our taking all or any of the following additional actions:

• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• further legal action against you;
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Complaints procedure

If you have a complaint then there are ways in which you can address them.

Your first port of all is an email to [email protected] with full details of your complaint. You should make sure you provide as much detail as possible including a timeline of events if applicable, the details of any of our team that you have dealt with, any relevant trouble ticket numbers and the time and date of any phone calls. In short, as much information as you can to help us conduct a thorough review of your complaint.

The complaint will be received and reviewed by a manager who will consider all of the information available and who may contact you to ask further questions if appropriate.

We will do everything we can to deal with any complaint raised and if we can find a way to resolve any issue to your satisfaction we will.

Sometimes things just don’t work out.

Although we try our best, and although we know both ourselves and our customers have the best intentions at heart, things might get to a point where they are not working out for either party.

It may be that you just cannot understand our systems or processes or perhaps you can’t understand how to use things. It may be that we, try as we might, cannot satisfy your requirements.

Just as you can leave or choose not to renew your services with us without giving a reason we may decide that in everyones best interest and to avoid further anguish we will not renew your service with us.

Of course we really hope and will try our best to ensure that things don’t get to that stage, however if they do, we’ll be sure to give you at least a months notice to give you a chance to make alternative arrangements.

Changes to our acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you and form part of your contract with us.   Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

Privacy Policy & GDPR

Hosting UK are proud to provide services that are easy to understand, and we strive for the same level of clarity in the policies that govern our service.

As you may know, the European Union will begin enforcing new data protection legislation next month called the General Data Protection Regulation (GDPR).  It’s a huge step forward in holding service providers like ourselves accountable for how they store and use your personal data in the European Union, and we’ve taken this opportunity to review our practices for everyone.  Most of our policies are already aligned with the GDPR’s requirements, but we did need to make a few changes to our Privacy Policy and Terms of Service.

GDPR INFORMATION & DOWNLOADS

    • On the 25th May 2018, these regulations will come into force. Our parent company iomart has pulled together the information below to answer all your key questions, and our resource List contains helpful guides and a toolkit to get you GDPR-ready.
Document Download Now

TOOLKIT – GDPR READINESS FOR CUSTOMERS

A HANDY TOOLKIT FOR YOU TO FOLLOW TO ENSURE YOU ARE MEETING YOUR OBLIGATIONS UNDER GDPR.

Download

AWARENESS – GDPR INFORMATION AND GUIDANCE

A HIGH LEVEL OVERVIEW OF GDPR AND HOW IT APPLIES TO OUR CUSTOMERS ORGANISATIONS.

Download

INFOGRAPHIC – A QUICK GUIDE TO GDPR COMPLIANCE

A QUICK INFOGRAPHIC GUIDE TO WHAT YOU NEED TO KNOW ABOUT THE GENERAL DATA PROTECTION REGULATION WHICH WILL COME INTO FORCE IN MAY 2018.

Download

GDPR.ORG

AN ALL ENCOMPASSING LOOK AT GDPR. GET STRAIGHT TO THE SOURCE OF INFORMATION AND FIND OUT THE KEY DIFFERENCES THAT THE NEW GDPR DIRECTIVE BRINGS.

Visit

GDPR WHITEPAPER

FOR A MORE DETAILED LOOK AT GDPR, CHECK OUT OUR WHITE PAPER.

Download

PRIVACY POLICY

    • Hosting UK respects your right to privacy.  This privacy policy has been developed to inform you about the privacy practices followed by Hosting UK in connection with its websites, products and services.  This privacy policy will inform you about what data is collected, how we use such data, where data is processed, how you may opt out of your data being used, and the security provisions around storing your data and how to correct or update your data.

1. Data.

    • In order to communicate with you and to provide our products and services and related support, it is necessary for Hosting UK to transfer your personal data outside of the European Union. In such case, the data controller for this data for EU residents is Easyspace Ltd trading as Hosting UK, having its registered offices at Hosting UK, Easyspace Ltd, 11-21 Paul St, London EC2A 4JU. All questions or requests regarding the processing of data may be addressed to: [email protected]

2. Collection of Personal Information

    • We collect information from you when you place an order for a Hosting UK product use our online chat service register for a webinar, respond to a survey, fill out a form for pre/post sales assistance, open a support ticket, or your use of social media. Hosting UK is a domain registrar and webhosting service provider, we provide platforms for you to use such as email, web hosting and secure ecommerce. To fulfil requests for domain names, digital certificates or other products or services, you may be asked to enter your name, email address, physical address, phone number, credit card information and/or organisational details or other personal information.
    • 2.1 domain name specific data As part of its duties as an domain name registrar, Hosting UK is required to provide certain information about customers who register domain names with Hosting UK to the relevant naming authority. This information will include personal data such as the customer’s name, address and telephone number.
    • The relevant naming authority will make such information available to the public through publicly accessible directories of owners of domain names.
    • It is a condition of the purchase of a domain name from Hosting UK that the customer agrees to the transfer of his/her personal data to the relevant naming authority and agrees to the naming authority making that personal data available on a public database. Hosting UK can provide its customers with details of the relevant naming authority on request.

3. Use of Personal Information

    • Your information, whether public or private, will not be sold, exchanged, transferred outside of our group company, or given to any other company for any reason without your consent, other than for the purposes specified in below:
    • 3.1 To process applications for Hosting UK products and services
      Your information is used to provide our products and services and order processing as well as to conduct business transactions such as billing.
    • 3.2 To improve customer service
      Your information helps us to more effectively respond to your pre/post sales requests and provide technical support.
    • 3.3 To send renewal notices
      The email address you provide for order processing may be used to send you renewal notices for your services.
    • 3.4 To send periodic emails
      In addition, we may send you periodic company newsletters, new service updates, security updates, related product or service information, and status updates on maintenance windows or service availability.
    • 3.5 To tell you about our products and services
      We may send you information about our products and services that may be of interest to you based on your use of other Hosting UK products and services.

4. Processing of Data and Consent

    • We will process your data for the purpose of performance of our contract with you or the legitimate interest of our business. In other cases, we will request your consent for the processing of the personal data you may submit. Your refusal to provide personal data to us for certain products and services may hinder us from fulfilling your order for those products or services. Also, if you deny or withdraw your consent to use personal data or opt out of receiving information about Hosting UK products and services this may result in you not being made aware of sales promotions, renewal notices, periodic company newsletters, new service updates, security updates, related product or service information, and status updates on maintenance windows or service availability.

5. Use of Cookies

6. Use of application logs for diagnostics or to gather statistical information

    • Our servers automatically record information (“Application Log Data”) created by your use of our services. Application Log Data may include information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. We use this information to diagnose and improve our services. Except as stated in section 8 (Data Retention), we will either delete the Application Log Data or remove any account identifiers, such as your username, full IP address, or email address, after 12 months.

7. Sharing of Information and Transfers of Data

    • We do not sell or trade your personal information to outside parties.
    • Hosting UK is a global organisation with business processes and technical systems in various countries. As such, we may share information about you within our group company and transfer it to countries in the world where we do business in connection with the uses identified in section 3 above and in accordance with this Privacy Policy. In these cases, personal data will be transferred to countries that do not provide an adequate level of protection under European law so we ensure your data is protected by entering into agreements containing standard contract clauses with each of our group companies a copy of which may be obtained by contacting us as outlined in section 15 below.
    • We may also transfer your personal data to trusted third parties in order to serve purposes that are specified in section 3 above. In circumstances where data is shared with such third parties, they are required to agree to confidentiality terms. This prohibits such third parties from selling, trading, using, marketing or otherwise distributing Hosting UK customer data.
    • We may also release your information when we believe release is appropriate to comply with the law or protect our rights, property, or safety. It is our policy to notify customers of requests for their data from law enforcement unless we are prohibited from doing so by statute or court order. Law enforcement officials who believe that notification would jeopardise an investigation should obtain an appropriate court order or other process that specifically precludes member notification.
    • We may also disclose your personal information to third parties who may take over the operation of our website or business or who may purchase any or all of our assets, including your personal information. We will contact you using the details you provide if there is any change in the person controlling your information.

8. Data retention

    • The personal information we collect is retained for no longer than necessary to fulfil the stated purposes in section 2 above or for a period specifically required by law or regulation that Hosting UK is obligated to follow.
    • Personal data used to fulfil verification of certain types of products such as SSL certificates and Domain names, and this data will be retained for a minimum of 10 years depending on the class of product or service and may be retained in either a physical or electronic format.
    • Even if you request deletion or erasure of your data, we may retain your personal data to the extent necessary and for so long as necessary for our legitimate business interests or performance of contractual obligations.
    • After the retention period is over, Hosting UK securely disposes or anonymises your personal information in order to prevent loss, theft, misuse, or unauthorised access.

9. Opting out; withdrawing consent

    • If at any time you would like to unsubscribe from receiving future periodic emails, we include unsubscribe instructions at the bottom of each email.
    • If Hosting UK is processing your personal data based on your consent, you may withdraw your consent at any time by contacting us at one of the addresses shown below.

10. Access to your personal data

    • You are responsible for providing Hosting UK with true, accurate, current and complete personal information. You are also responsible to maintain and promptly update the information to keep it true, accurate, current and complete. You have the right to access and modify your personal data stored on Hosting UK systems. You can request to access or modify your personal information by logging into your customer control panel. We may require you to provide identification in order to verify the authenticity as the data subject.
    • If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future services.

11. How we protect your information

    • We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. All supplied sensitive/credit information is transmitted in an encrypted format via Secure Socket Layer (SSL).
    • After a transaction, your transaction‐related information will be kept on file to meet audit requirements and facilitate renewals.
    • Hosting UK uses a reputable third party to process credit card payments and needs to provide credit card numbers and identifying financial data directly to the third party credit card processor. Such information is shared securely.

12. Follow relevant laws

    • Hosting UK commits itself to protect the personal information submitted by applicants and subscribers for its public certification services. Hosting UK declares to fully respect all rights established and laid out in European laws and operates within the limits of the: European Directive 95/46 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

13. Your rights In compliance with the European Union rules on privacy

    • you have the following rights established by law:
    • We use the data you submit only for purposes identified in section 3 of this privacy policy.
    • You have the right to review your personal data that Hosting UK holds and check it for accuracy.
    • You have the right to correct data in the case that errors may be found in our records.
    • You have the right to request that any of your personal data be erased. i.e. right to be forgotten.
    • You have the right to obtain and reuse use your personal data for your own purposes.
    • You have the right to request that Hosting UK restrict the processing of your personal data under certain circumstances.
    • You have the right to object to our processing of your personal data.

14. Changes to our Privacy Policy

  • If we make material changes to our privacy policy, we will inform customers by publishing a notice the availability of a new version on our online portals.

15. Contact Us

If you have any inquires, or questions regarding our privacy policy, please contact us at:

Data Protection Officer
Paul K Jeffrey
Lister Pavilion,
Kelvin Campus West of Scotland Science Park
Glasgow
G20 0SP
Scotland
United Kingdom
[email protected]
+44 (0)141 931 6400

16. Our Office Locations

Correspondence Address.
Hosting UK, Unit 24 Ffordd Richard Davies, St Asaph Business Park, St Asaph, Denbighshire, LL17 0LJ, UK

Registered Address.
Hosting UK, Easyspace Ltd, 11-21 Paul St, London EC2A 4JU

How Hosting UK use Cookies

Hosting UK uses Cookies on our Website to help our users – nothing else! We do not give your details away, tell other companies what you attempted to buy (or looked at) and we do not follow you around the internet with adverts! If you want to learn more about Cookies, please click here

There are 4 types of Cookies.

Essential website critical & performance Cookies (used on Hosting UK)
Allows you to use a website to its full specification. For example: can allow you to buy things via a shopping basket.

Third Party Cookies (used on Hosting UK)
Allow us to enhance our web services, for example web chat, and helps us identify you.

Anonymous Statistical Cookie (used on Hosting UK)
Tells the website owner how visitors the site gets – contains no information about the individual.

Targeting and Advertising Cookies (not used on Hosting UK)
Can send information to other websites – this allows them to advertise more effectively. There are some websites out that analyse your behaviour and then attempt to advertise to you as you browse other website on the Internet. Some websites even pass on this information to 3rd parties.

You may have seen adverts that follow you around the internet e.g. if you once looked at a bracelet, on the next site you visit an advert for the same bracelet – Hosting UK does not use this technology.

We only allow Essential Cookies that will allow you to use our website to its full specification, and Anonymous Statistical Cookies that can help tell us what’s popular on our website. We do this to allow us to see trends on our website & products, but more importantly, so we can spot problems.

If you want to opt-out of using Cookies please click here

We are always trying to improve this communication, and will be updating this page when our audits are complete.

Below is a summary of the types of Cookies used on Hosting UK.

‘Essential Cookies’ let you buy products, search for domain names and also get discounts on our products. They do not track your behaviour and are not passed onto anyone.

Accepting these Essential Cookies is a pre requisite of using this website.  We cannot guarantee your security or user experience should you choose to block these Cookies.

Cookies that we deem to be Essential to site operations:

Cookie Name Basic Description
WHMCSXXXXX (Where XXXXX is a number)This allows us to know what you have in your shopping cart.

Cookies that allow us to use third party services on our web site that enhance end user experiance.
We have one service from LiveChat allow us to maintain remember you as you navigate our web site so that we can support you better should you use our chat service, for example; so we can reference previous chat sessions you have had with us or see where you are on our web site.

Cookie Name Basic description
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MESSAGE_TEXT Used by the web chat
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NOTIFICATION[STATUS_PING] Used by the web chat
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__LIVECHAT Used on this website

Statistical cookies do not contain any personal information– they simply tell us how our website is performing – essential for us to improve customer experience. These statistics the Cookies provide tell us if there are problems, and will also give us some indication (anonymously) as to what our customers are interested in.

Cookie Name Google Analytics anonymous tracking
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Opting out of using cookies

If you dont want to use Cookies – there are several ways of changing your settings. But please remember if you disable the use of Cookies completely you may not be able to use some websites.

Below are some links that relate to the type of Internet Browser you may use.

 If you use Internet explorer browse the Internet
 If you use Firefox to browse the Internet
 If you use Google Chrome to browse the Internet

Charging Policy

We believe in telling you exactly what you may be liable to pay. There are no hidden extras and we won’t charge you anything you haven’t been made aware of. You will always be given the opportunity to cancel a service before you are charged for it.

Free Domain Transfers

For the full conditions regarding domain name transfers please read the information below.

Outbound transfers

We will not charge for transferring a domain away from Hosting UK if you perform the transfer from your control panel using the facility available. If you request a member of our staff to perform the transfer then this will be chargeable at £15 + VAT per instance. We make this charge as the transfer process will require engineer time to monitor and complete. The only exception to this will be where the facility to perform a transfer is not present in your control panel, in which case will not charge.

Inbound transfers

We only charge for inbound domain transfers if:

    1. The domain transfer is a FULL transfer is for a domain name type where a fee is mandated by the registry operator in which case the charge levied on us will be in turn levied on you, however, it does extend the life of the domain for 1 year. The charge is normally the cost of a one year renewal for the domain name plus VAT. A full transfer is where we become the ISP responsible for billing.

OR

  1. The transfer is only a partial transfer where we are not the billing ISP but you use our DNS servers and choose not to use the domain with any of our normally paid for services – see below:

Why do you charge if these conditions are not met and how much do you charge?

We make an annual charge of 10 pounds plus VAT because:

  1. A partial transfer requires an engineer to add the domain to our DNS
  2. Our network resources are used in hosting the DNS entry and responding to queries for that domain
  3. By adding the domain to our DNS and control panel you are entitled to use the free web and e-mail diversion facilities we provide in our control panel.
  4. If the domain is to be used in conjunction with an existing web site hosted by us and is to be added after the point of site creation an engineer will have to alter the site and mail configuration for your web site. This takes engineer time which has to be recovered and paid for.

We believe this is a fair policy and offers good value for money. While your domain is with us we will do our best to ensure that you are kept aware of when it is due for renewal and issue renewal notices in good time ensuring you retain your domain name.

Money Back Guarantee

By offering a 30 day money back guarantee you are able to try our service out. If, within 30 days of activation you feel that the service is not for you you may cancel and receive a full refund, excluding additions and domain registrations. Read more on this.

Renewals

When a service is due for renewal you will normally be contacted via e-mail and advised of the renewal. We will nornally send renewal notices to you 30 days prior to the due date.

The address we e-mail you on is the e-mail address used to apply for the service you have taken with us originally. Please note that the onus is on you to notify us of any changes of contact details which you can update these yourself via the control panel. If you have any problems doing this then please let us know.

If a service is not renewed in time then it will be marked pending deletion. Following a further wait period we will then delete all services not paid for.

Credit and Debit card payments

You should note the following in relation to this:

When you sign up with us for a hosting account an agreement is made that will automatically debit your card on a regular basis, the frequency dependant on the billing term you choose.

We will normally attempt to charge your card three days prior to the invoice due date. This allows you to be notified so you can take appropriate action should the payment fail for any reason, and so avoids your service bcoming suspended for being overdue.

If a payment fails due to being refused by your bank or due to the credit card expiring then an email notification is sent to the email address we hold for you, hence the importance of maintaining correct information.

If a payment fails on more than 3 successive days we will suspend your service pending contact and subsequent payment by you.

We will normally contact you in advance via email to tell you that the card we hold on record is expiring. If your credit card expires and you do not update the details and a payment is missed we will suspend your service pending contact or payment by you. For these reasons it is VITAL that you maintain your information correctly.

Payment via Bank transfer or Direct Debit

Payment via bank transfer or direct debit is only allowed at our discretion and with prior authorisation. The reason for this is that it costs us more in terms of administration and bank charges than for cards. Where we have given permisison for payment via bank transfer you must use the invoice reference or account ID as the payment refrences and make payment at least five working days prior to the due date as we need to allocate the payment manuall in most cases.

Payment via Direct Debit is only authorised for dedicated servers and colocation or in certain exceptional circumstances where we provide prior authorisation.

Special Offer Terms & Conditions

On this page you will find the additional terms and conditions that apply to special offers as they occur from time to time. These terms apply in conjuction to our regular terms and conditions.

Black Friday 2017 Dedicated Server Offer Terms

These terms shall apply to the specials offers made available on Friday 24th November 2017 in addition to our standard terms and conditions.

  • 1) There is no cash alternative to any of the promotional items provided with this offer.
  • 2) The minimum term of the contract is 12 months.
  • 3) The offer is only open to residents of the UK.
  • 4) The promotional items will only be delivered to the cardholders address within the UK. We will not deliver to PO Boxes.
  • 5) For fraud prevention purposes two forms of identification will be required in order to verify identity and address details one of which much be government issued photo ID such as a driving licence which must be supplied to us along with a copy of a recent utility bill such as gas or electricity bill or a recent bank statement that clearly shows your address.
  • 6) You accept there is no right of cancellation for this offer and agree to waive all other rights in this regard. Should we accept a cancellation due to any extraordinary circumstances at our sole discretion you agree that you will be liable to repay to us the cost of the promotional offer plus any delivery charges or to return the item in original unused condition in it’s sealed packaging entirely at your own cost.
  • 7) All guarantees or warrantees in relation to the promotional items must be dealt with the manufacturer directly and we accept no liability in relation to these items.
  • 8) Should the you fail to honour the full term of the contract you agree that you will be liable to us for the full value of the 12 month term of the contract.
  • 9) The offer is not available in conjunction with any upgrade or change of service to an existing dedicated server already supplied by Hosting UK.
  • 10) Our 30 Day Money back guarantee does not apply to this offer.

Black Friday 2017 Domain Name, Hosting and VPS discount

These terms shall apply to the special offers made available on Wednesday 22nd November 2017 anin addition to our standard terms and conditions.

  • 1) There is no cash alternative to the offer.
  • 2) The offer is only available when the promotion code BLACKFRIDAY has been used.
  • 3) If the promotion code is not used the offer will not apply and no discount will be applied.
  • 4) For domain names the offer will discount the chosen registration term only and subsequent renewals will be at full price.
  • 5) For hosting and VPS or Cloud the offer will discount the initial chosen billing term only and subsequent renewal terms will be at full price.
  • 6) If the offer is chosen in conjunction with an upgrade or downgrade to an alternate hosting plan or package any resulting credit balance will remain on the customer account and will not be eligible to be refunded.
  • 7) Our 30 day money back guarantee does not apply to any products or services ordered under this offer.

Black Friday 2016 Special Offer Terms

These terms shall apply to the specials offers made available on Friday 25th November 2016 in addition to our standard terms and conditions.

Dedicated Server Offer

  • 1) There is no cash alternative to the Xbox One S with Fifa 17 bundle.
  • 2) The minimum term of the contract is 12 months.
  • 3) The offer is only open to residents of the UK.
  • 4) The Xbox will only be delivered to the cardholders address within the UK. We will not deliver to PO Boxes.
  • 5) For fraud prevention purposes two forms of identification will be required in order to verify identity and address details one of which much be government issued photo ID such as a driving licence which must be supplied to us along with a copy of a recent utility bill such as gas or electricity bill or a recent bank statement that clearly shows your address.
  • 6) You accept there is no right of cancellation for this offer and agree to waive all other rights in this regard. Should we accept a cancellation due to any extraordinary circumstances at our sole discretion you agree that you will be liable to repay to us the cost of the Xbox One Bundle or to return the item in original unused condition in it’s sealed packaging entirely at your own cost.
  • 7) All guarantees or warrantees in relation to the Xbox Bundle must be dealt with the manufacturer directly and we accept no liability in relation to these items.
  • 8) Should the you fail to honour the full term of the contract you agree that you will be liable to us for the full value of the 12 month term of the contract.
  • 9) The offer is not available in conjunction with any upgrade or change of service in relation to any other dedicated server.
  • 10) Our 30 Day Money back guarantee does not apply to this offer.

Shared Hosting Black Friday Discount

  • 1) The offer is available for new service subscriptions made via an online order from our web site.
  • 2) The offer does not extend to upgrades or downgrades from existing services.
  • 3) The discount given will apply for the billing period chosen only.

Hosted Services Service Level Agreement

Introduction.

Easyspace Ltd. trading as Hosting UK (“Hosting UK”) strives to offer you (“Customer”) excellent service, including the availability of its Hosted Microsoft Exchange, Mail Archiving, Advanced Anti-Spam & Virus Protection & Online Backup services, VPS and Cloud Servers, Dedicated Servers not coverered seperately by a signed contract (the “Hosted Services”). By this Service Level Agreement (“SLA”), Hosting UK guarantees to Customer that its Hosted Services will be available 100% of the time during any calendar month, subject to the terms and as set forth in this SLA (the “Uptime Guarantee”).

Covered Services.

The following services are inclued in this SLA:

Hosted Microsoft Exchange, Mail Archiving, Advanced Anti-Spam & Virus Protection & Online Backup services, VPS and Cloud Servers, and Dedicated Servers not coverered seperately by a signed contract (the “Hosted Services”).

Hosting UK provides the Uptime Guarantee in this SLA for its Hosted Services, calculated on a monthly basis, provided Customer (i) is in good standing with Hosting UK (i.e., is not in arrears in payments, and has not otherwise breached any of its obligations to Hosting UK), and (ii) requests the Hosted Service Credit (as defined below) from Hosting UK for its noncompliance with the Uptime Guarantee in writing within 30 days of the end of the month in which such noncompliance occurred.

Exclusions.

Downtime caused by any of the events noted below will be excluded from the Hosted Service availability calculations (“Excused Outages”):

(i) Customer environment issues affecting connectivity or interfering with the Hosted Services, including without limitation, Customer’s connection to the Internet (i.e., problems with the Customer’s Internet Service Provider, modem, cable, xDSL or dial-up connection or other Customer Internet connectivity issues) or any other Customer software or equipment, Customer’s firewall software, hardware or security settings, Customer’s configuration of anti-virus software or anti-spyware or malware software, or operator error of Customer;
(ii) third party attacks, including without limitation, hacks, intrusions, distributed denial-of-service attacks or any other third party actions intended to cause harm to or disrupt the Hosted Services, the Hosting UK Website or Hosting UK’s or its partners’ servers;
(iii) verified bugs of any third party software used in conjunction with the Hosted Services (including Microsoft software);
(iv) force majeure events, including, without limitation fire, flood, earthquake, elements of nature or acts of God; third party labour disruptions, acts of war, terrorism, riots, civil disorders, rebellions or revolutions; quarantines, embargoes and other similar governmental action; or any other similar cause beyond the reasonable control of Hosting UK;
(v) issues related to third party domain name system (DNS) errors or failures;
(vi) scheduled maintenance of the Hosted Services, conducted on a regular basis, of which Hosting UK will give Customer a minimum of 24hrs advanced notice by email or notification posted to the Hosting UK Control Panel; and
(vii) emergency maintenance of the Hosted Services, not to exceed 4 hours in any month, for which Customer may not receive advanced notice.

Non Compliance.

In the event Hosting UK fails to meet the Uptime Guarantee regarding one or more of its Hosted Services (the “Affected Service(s)”), as verified by Hosting UK based on its monitoring logs (a “Service Outage”), Customer will be entitled to a credit for future Hosted Services of the same type as the Affected Services ( “Hosted Service Credits”).

Hosted Service Credit Calculation.

For each full 1% of downtime, of verified Service Outage in any calendar month (based on a 30-day month calculation), excluding downtime caused by a Scheduled Outage (an “Outage Incident”), Customer will receive a Hosted Service Credit equal to 5% of the monthly subscription fees paid by the Customer for the users impacted by the Affected Service. Should a Service Outage span more than one month, the calculation of Hosted Service Credits starts over at the beginning of each month.

Hosted Service Credits Payment.

Hosted Service Credits will be issued in the form of a credit towards Customer’s next invoice, unless the affected month is Customer’s last month of subscription to the Affected Services, in which case the value of the Hosted Service Credits, as calculated herein, will be issued to Customer by Hosting UK within 60 calendar days from the end of the Customer’s last month of subscription to the Hosted Services.

Total Credit Limits.

Hosted Service Credits will apply only to a Customer’s users directly affected by a Service Outage, and Hosted Service Credits may not exceed 100% of the total subscription fees of the Affected Services, excluding applicable taxes. Hosted Service Credits will not be issued for any fraction of an Outage Incident and will not accrue or carry over from month to month. Notwithstanding anything set forth in this SLA, the Hosting Service Credit described herein shall be the sole and exclusive remedy of the Customer in connection with any outages, unavailability or breach by Hosting UK of this SLA.

Dedicated Server Service Level Agreement

DEDICATED SERVER SERVICE LEVEL AGREEMENT.

1 GENERAL

1.1 This document is a service level agreement (SLA) setting out the levels of services to be provided by Hosting UK to the Customer under this agreement and compensation for failure to meet those service levels.
1.2 In this SLA a reference to a paragraph, unless stated otherwise is a reference to a paragraph of this SLA.
1.3 In this SLA words, abbreviations and expressions have the meanings given in the Hosting UK Master Service Agreement General Terms and Conditions except as set out below:
(a) Availability All the time in any calendar month for which the network and any service equipment is not subject to any service affecting faults, and is therefore available.
(b) Business Day Shall mean every day excluding Saturdays and Sunday and national holidays in England
(c) CDR Means the committed data rate for each port set out in the Service Order Form and provided as part of a service.
(d) Fault Shall mean a material defect, fault or impairment in a service, which causes an interruption in the provision of the service
(e) Non-Service Affecting Means not materially affecting the performance or quality of the service
(f) Service Affecting Means causing full or partial loss of the ability to transmit or convey Data
(g) Third Party System Means a telecommunication system that is neither owned nor operated on behalf of Hosting UK
1.4 This SLA only applies to the service to the extent that it is provided by means of systems and equipment that are either owned or operated by or on behalf of Hosting UK. All references in this SLA to network and service equipment shall be construed as references to such systems and equipment.
1.5 Hosting UK shall not be liable to pay compensation under this SLA where its failure to meet any of its obligations under this SLA is a caused by a force majeure event, by a failure in the customer equipment, or by any act or omission of the customer, or third party acting on its behalf.
1.6 Credits or other compensation under this SLA shall only be payable where.
(a) The Customer has submitted to Hosting UK a claim in writing identifying the circumstances in which the customer claims that the credit or compensation arose, within five working days of the date the aforementioned circumstances arose, and
(b) Hosting UK has agreed in writing, acting reasonably and without undue delay, to that claim.
(c) TheCustomers is within credit terms at the time of the claim.
1.7 All credits so payable shall be applied to the customer s account to be reconciled at an agreed time following Hosting UK s agreement to the claim. All claims for credits or compensation must be submitted promptly and in any event within 10 business days, after the circumstances giving rise to the claim.
(a) The maximum monthly credit available under this SLA is limited to an amount not greater than one month’s fees; furthermore residual credits will not be carried over to subsequent 12 month periods.
1.8 The service credit shall be the customers sole and exclusive remedy for any Hosting UK service outage or any failure to meet the service objectives.
(a) Hosting UK reserves the right to amend the SLA from time to time. Hosting UK shall give the customer not less than 1 month s notice of any changes in the SLA. Customers will be notified by email and details of the SLA will be posted in the NOC portal. 2

PROVISIONING OF SERVICE

2.1 Hosting UK shall provide the service by the service commencement date set out in the service order form.  If Hosting UK is unable to commence provisioning of the service by the service commencement date, it shall credit the customer with 10% of the activation charge set out in the service order form.
2.2 For every further business day that Hosting UK is unable to commence provisioning of the service, it shall credit the customer with an additional 5% of the connection charge, up to a maximum of 25%.

3 NETWORK AVAILABILITY

3.1 Hosting UK guarantees that the network shall have 100% Availability. If the availability falls below 100% in any month, Hosting UK will credit the customer with one day’s free service for each accumulated hour when the network is not available, subject to the maximum of the standard monthly service charge for that service.
3.2 Hosting UK shall not be obliged to pay compensation in accordance with this paragraph 3 where availability falls below 100% because of routine or emergency maintenance on the network or the service equipment pursuant to paragraph 7.

4 INFRASTRUCTURE GUARANTEE

4.1 Hosting UK guarantees that the critical infrastructure systems, including power and HVAC, will be available 100% of the time in a given month, excluding scheduled maintenance. Hosting UK will refund the customer 5% of the monthly fee for each 30 minutes of downtime (up to 100% of customer’s monthly fee).
4.2 Critical infrastructure includes functioning of all power and HVAC infrastructure including UPSs, PDUs and cabling, which form part of the co-location facility.
4.3 Infrastructure downtime exists when a particular server is shut down due to power or heat problems and Hosting UK records such failure in the Hosting UK monitoring system.

5 HARDWARE GUARANTEE

5.1 The hardware guarantee covers hardware provided by Hosting UK on a rental basis.
5.2 Hosting UK guarantees the functioning of all rented hardware components and will replace any failed component at no cost to the customer. Hardware replacement will begin once Hosting UK identifies the cause of the problem. Hardware replacement is guaranteed to be complete within 4 hours of problem identification. In the event that it takes us more than 4 hours to replace faulty hardware, Hosting UK will refund the customer 5% of the monthly fee per additional hour of down time (up to 25% of customer’s monthly fee). Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease. This guarantee excludes the time required to rebuild a RAID array.
5.3 In the event of a hard disk or fatal operating system failure Hosting UK will perform an initial install of standard operating system distributions and supported preinstalled software only in order to restore the server to the state that we supplied the server in originally. Any additional work required by the customer by our engineers may be chargeable.
5.4 In the event that replacement of a failed hardware component is unavailable Hosting UK reserves the right to opt to substitute the entire customer server with a similar replacement either as a temporary replacement while replacement hardware is being sourced, or if deemed appropriate by Hosting UK as a permanent replacement.
5.5 The security of the Dedicated Server and customer data remain the sole responsibility of the customer, who should perform such backups and maintenance to software running on the Server to maintain its integrity. Hosting UK will perform upgrades of Dedicated server software if we deem necessary to provide continued service, we accept no responsibility for damage to data or loss of service however caused (for instance, as a result of hardware failure or malicious “hacking”).

6 SOFTWARE

6.1 Except where a maintenance contract is in place for software maintenance and/or management clearly detailing the software managed or maintained Hosting UK are in no way responsible for either the operating or any software installed on a dedicated server once the server has been handed over to the customer at commission time.
6.2 In the event of a fatal operating system failure Hosting UK will only carry out remedial work once an instruction to do so has been issued by the Customer and any such work may be chargeable.
6.3 Any work performed in connection with clause 6.2 above will be on a best endeavour basis only and then only within the time and price limits agreed with the Customer.  If it is deemed not possible to repair the operating system Hosting UK will perform an initial install of standard operating system distributions and supported preinstalled software only in order to restore the server to the state that we supplied the server in originally. Any additional work required by the customer by our engineers may be chargeable.

7 FAULT HANDLING / RESPONSE TIME AGREEMENTS

7.1 Hosting UK offers response time agreements, during the business day (9:00am to 5:30pm, Monday to Friday) as follows: (a) You can call us on 01745 586070 and expect a prompt answer, you will be able to speak to a member of the Technical Support team who will be familiar with your account and services.  You can expect to be able to speak to a network engineer normally straight away and always within 4 hours.  You can expect an initial response within four hours of a logged service interruption call.
7.2 Hosting UK offers response time agreements, outside of the business day 24×7 as follows:
7.3 Outside of our normal business hours you can call our VIP support line on 01745 586090. After listening to the pre-recorded messages you will be be transferred to a duty support engineer who will take contact and problem details.
7.4 If the duty support engineer is unable to resolve your problem immediately, a network engineer will call you normally straight away and always within 2 hours.
7.5 You can expect an initial response within two hours of a logged service interruption call.
7.6 Third party Interconnects – Any connections provided by a 3rd party supplier in order to complete the solution will be governed by the SLA offered by that supplier. Hosting UK has carefully chosen our preferred suppliers based on their ability and track record, in order to provide a good quality, reliable solution.
7.7 Where the whole or any part of any Service is provided by means of a third party system, Hosting UK shall, to the extent that it is able to do so, pass on the benefit of any service levels to which it is entitled from that provider of that third party system in accordance with paragraph 1.6 but shall not otherwise be liable to meet the service levels set out in this SLA in respect of that Service (or the relevant part thereof).

8 NETWORK AND SERVICE EQUIPMENT MAINTENANCE

8.1 Hosting UK may suspend the Service to carry out Periodic maintenance or upgrade work on the Network or Service Equipment; this will be carried out during the maintenance windows as defined in paragraph 8.4.
8.2 Except in the case of an emergency Hosting UK shall provide the Customer with 5 business days’ notice of any suspension of the service under paragraph 8.1. If it fails to provide the appropriate notice, the customer shall be entitled to a credit of one day s free Service.
8.3 As far as possible Hosting UK shall endeavour to ensure that any disruption or interruption to the service is kept to a minimum. Hosting UK shall endeavour not to suspend the service for planned maintenance or upgrade work more than 12 times in any calendar year and the Customer shall be entitled to one day of free service for each additional service suspension for such work. Hosting UK shall endeavour to ensure that planned maintenance or upgrade work does not exceed a total of 24 hours in any calendar year and the customer shall be entitled to a credit of one day s free service for each additional hour of service suspension for such work.
8.4 The standard for the Hosting UK maintenance window for planned outages is between 22.00 and 07.00, local time as at node location in question. Hosting UK will try to accommodate the customer requirements in terms of outage times; however, depending on the circumstances this may not always be possible. Outage times will be quoted in GMT/BST to prevent mistakes being made over the various time zones.

9 REPORTING

9.1 Hosting UK will provide the Customer with near real-time Performance and status reports via an online statistics portal.
9.2 The items reported upon are: (a) Availability of the Service (b) Throughput and utilization of the Customers ports or VLAN
9.3 Hosting UK will provide the Customer with alerts via SMS text and e-mail in the event we lose communication with your server for longer than five minutes. In order to provide this service we require that the customer supply a nominated contact and a 24 hour contact mobile telephone number and e-mail address.

10 AMENDMENTS

10.1 This Agreement may be amended from time to time upon giving the Customer reasonable prior written notice.

Dedicated and Colocated Service Terms and Conditions

The contract terms available here relate soley to dedicated servers and colocation services.

For terms and conditons that relate to all other services please see our General Terms & Conditions. Currently these terms are available only as a PDF document download.

Please click here for a copy of the current terms currently version 5.0 last updated 17th August 2017.

Server Management Definition

A copy of the Managed Service Definition which describes what is included in our server management can be downloaded here. Please click here to download a copy of this document, last revised 22nd July 2019.

 

The GDPR Addendum below also applies to the terms referenced on this page, a copy of which is below and which is supplied for signature for each related service.

GENERAL DATA PROTECTION CONTRACTUAL ADDENDUM

This Addendum dated 3rd May 2018 (the “Addendum”) amends, with effect from and including 25 May 2018 (the “Effective Date”), the General Terms and Conditions between Easyspace Limited (registered in England under company number 03405586) trading as Hosting UK (“Hosting UK”) and you, (“Controller”) and any other agreements entered into between the parties (the “Agreement”). To the extent this Addendum is not consistent with any terms of the Agreement the terms of this Addendum shall prevail. Other than as indicated herein, capitalized terms and definitions contained herein shall have the same meaning as specified in the Agreement.

  • BACKGROUND
  • (A) As of 25 May 2018 the General Data Protection Regulation (EU) 2016/679 (“GDPR”) will apply in the EEA replacing Directive 95/46/EC and its local implementing legislation in the UK, the Data Protection Act 1998 (“DPA 1998”). Accordingly, the parties can no longer rely on compliance with the DPA 1998 in the UK as being sufficient for controlling, processing or protecting data.
  • (B) In order to comply with its legal and regulatory obligations, the parties wish to update the terms of the Agreement to comply with the GDPR on the terms as set out in this Addendum.
  • Therefore, the parties, intending to be legally bound, and in consideration of the needs for both parties to comply with their respective obligations under the GDPR, agree that any data controller, processing and protection provisions (and/or any other provisions in the Agreement relating to the DPA 1998) shall, as at the Effective Date, be deleted and the following clause shall be incorporated into the Agreement:
  • 1 DATA PROCESSING
  • 1.1 For the purposes of this Agreement the following defined terms shall have the following meanings:
    “Data Protection Law” shall mean (a) Data Protection Act 1998; or (b) from 25th May 2018, the General Data Protection Regulation ((EU) 2016/679 (“GDPR”), read in conjunction with and subject to any applicable UK national legislation that provides for specifications or restrictions of the GDPR’s rules; or (c) from the date of implementation, any applicable legislation that supersedes or replaces the GDPR in the UK or which applies the operation of the GDPR as if the GDPR were part of UK national law, which may include the Data Protection Act 2017;
  • “personal data”, “controller”, “processor”, “data subject”, and “processing” (and other parts of the verb ‘to process’) shall have the meaning set out in the Data Protection Law.
  • 1.2 Each party shall comply at all times with Data Protection Law and shall not perform its obligations under this Agreement in such a way as to cause the other to breach any of its applicable obligations under Data Protection Law.
  • 1.3 In the context of this Agreement, Hosting UK will act as “processor” to the Controller who may act as either “processor” or “controller” with respect to the personal data. Notwithstanding the foregoing, the parties acknowledge that:
  • 1.3.1 where Hosting UK only provides colocation services under the Agreement Hosting UK will not be a Processor; and
  • 1.3.2 where personal data is not accessible to Hosting UK it shall not be a Processor, and therefore, in either case, the obligations of clause 1.7 shall not apply to Hosting UK.
  • 1.4 The Controller represents and warrants to Hosting UK that with respect to any personal data processed pursuant to this Agreement:
    • 1.4.1 all personal data is necessary for the purpose for which it is processed, accurate and up-to-date (and Controller shall at all times comply with Hosting UK’s standard acceptable use policy);
    • 1.4.2 taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Controller has implemented appropriate technical and organisational measures to ensure a level of security appropriate to the risk to the personal data;
    • 1.4.3 the Controller has obtained all the necessary consents from data subjects to process the personal data and to outsource the processing of any personal data to Hosting UK and the Controller covenants that it shall notify Hosting UK in writing if there are any material changes to these consents or to the personal data that Hosting UK processes under this Agreement; and
    • 1.4.4 it is not aware of any circumstances likely to, and will not instruct Hosting UK to process the personal data in a manner that is likely to, give rise to a breach of the Data Protection Law (or any other applicable data protection or privacy laws).
  • 1.5 The Controller acknowledges and agrees that pursuant to its obligation under Article 28(1) of the GDPR to only appoint processors providing sufficient guarantees to implement appropriate technical and organisational measures to meet the requirements of the GDPR, it has assessed Hosting UK’s applicable technical and organisational measures and considers them to be sufficient, taking into account the nature, scope, context and purpose of the processing undertaken pursuant to the Agreement.
  • 1.6 Controller acknowledges and agrees that it is responsible for ensuring the compliance of any of its businesses, affiliates or subsidiaries located in a territory outside the EEA with Data Protection Law in relation to transfers of personal data from Hosting UK to Controller.
  • 1.7 Where Hosting UK processes personal data on behalf of Controller, with respect to such processing, Hosting UK shall:
    • 1.7.1 process the personal data only in accordance with the Agreement (as amended by this Addendum) and the documented instructions of the Controller given from time to time. The Controller acknowledges that Hosting UK is under no duty to investigate the completeness, accuracy or sufficiency of such instructions and any additional instructions outside the scope of this Agreement (as amended by this Addendum) require prior written approval between Hosting UK and Controller (including agreement on any fees payable by Controller to Hosting UK for carrying out such instructions);
    • 1.7.2 only permit the personal data to be processed by persons who are bound by enforceable obligations of confidentiality and take steps to ensure such persons only act on Hosting UK’s instructions in relation to the processing;
    • 1.7.3 protect the personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure. These measures shall be appropriate to the harm and risk which might result from any unauthorised or unlawful processing, accidental loss, destruction or damage to the personal data and having regard to the nature of the personal data which is to be protected (and the Controller shall notify Hosting UK immediately if the nature of such personal data changes in a material way);
    • 1.7.4 remain entitled to appoint third party sub-processors. Where Hosting UK appoints a third party sub-processor, it shall, with respect to data protection obligations:
      • (a) ensure that the third party is subject to, and contractually bound by, at least the same obligations as Hosting UK; and
      • (b) remain fully liable to Controller for all acts and omissions of the third party, and all sub-processors engaged by Hosting UK as at the effective date of this Addendum shall be deemed authorized;
    • 1.7.5 in addition to the sub-processors engaged pursuant to paragraph 1.7.4 (above), be entitled to engage additional or replacement sub-processors, subject to:
      • (a) the provisions of paragraph 1.7.4(a) and 1.7.4(b) being applied; and
      • (b) Hosting UK notifying the Controller of the additional or replacement sub-processor,and where Controller objects to the additional or replacement sub-processor, the parties shall discuss the objection in good faith;
      • 1.7.6 notify Controller without undue delay after becoming aware that it has suffered a personal data breach;
      • 1.7.7 at Controller’s cost and not more than once in any 12 month period permit Controller (subject to reasonable and appropriate confidentiality undertakings), to inspect and audit (during business hours and on reasonable notice) Hosting UK’s data processing activities to enable Controller to verify and/or procure that Hosting UK is complying with its obligations under clause 1.2. Controller shall ensure that its adheres to any applicable Hosting UK site and security policies in the performance of such audit or inspection;
      • 1.7.8 on Controller’s reasonable request and at Controller’s cost, assist Controller to respond to requests from data subjects who are exercising their rights under the Data Protection Law (insofar as it is reasonable for Hosting UK to do so);
      • 1.7.9 save where such countries have been deemed by the European Commission to be providing an adequate level of protection pursuant to the relevant provisions of Data Protection Law, not process personal data outside the EEA without the prior written consent of Controller and, where Controller consents to such transfer, to comply with any reasonable instructions notified to Hosting UK by it. Notwithstanding the foregoing, Hosting UK is expressly permitted to and instructed by Controller that it may transfer personal data to any Hosting UK subsidiary and any Hosting UK subcontractor, subject to first ensuring that adequate protections are in place to protect the personal data consistent with the requirements of Data Protection Law;
      • 1.7.10 on Controller’s reasonable request and at Controller’s cost, assist (insofar as it is reasonable to do so, taking into account the nature of the information available to the Hosting UK and any restrictions on disclosing the information, such as confidentiality) Controller to comply with the Controller’s obligations pursuant to Articles 32-36 of the GDPR (or such corresponding provisions of the Data Protection Law), comprising (if applicable): (a) notifying a supervisory authority that Controller has suffered a personal data breach; (b) communicating a personal data breach to an affected individual; (c) carrying out an impact assessment; and (d) where required under an impact assessment, engaging in prior consultation with a supervisory authority; and
      • 1.7.11 unless applicable law requires otherwise, upon termination of the Agreement delete or return all personal data provided by Controller to Hosting UK (except to the extent this is not reasonably technically possible or prohibited by law).
    • 2 INDEMNITY
      • 2.1 Controller shall indemnify and hold harmless on demand Hosting UK for any loss, damage, liabilities, penalties, expenses or fines incurred (whether foreseeable or unforeseeable or direct or indirect) (“Losses”) as a result of:
      • 2.1.1 the Controller breaching its obligations under clause 1 (Data Processing);
      • 2.1.2 any unsuccessful claim by a data subject when such claim holds both Controller and Hosting UK as jointly and severally liable under the Data Protection Laws.
    • 2.2 Where under Data Protection Law (including without limitation Article 82 of the GDPR) Hosting UK and Controller incur joint and several liability (as Controller and Processor with any other person) and, as such, Hosting UK incurs Losses (other than for damage caused by processing where it has not complied with obligations under Data Protection Law specifically directed to Processors or where it has acted outside or contrary to Controller’s lawful instructions under the Agreement), Controller shall indemnify Hosting UK on demand against all such Losses, save for such liability as corresponds directly to Hosting UK’s part of the responsibility for the damage caused by Hosting UK’s breach of the obligations of Data Protection Law or under this Agreement.
    • 3 LIMITATION OF LIABILITY
    • 3.1 Neither party excludes or limits liability to the other party for any matter for which it would be unlawful for the parties to exclude liability.
    • 3.2 Subject to Clause 3.1, with respect to any claim relating to a breach of Data Protection Law or a breach of this Addendum, Hosting UK shall not in any circumstances be liable to the Controller whether in contract, tort (including for negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, for:
      • 3.2.1 any loss (whether direct or indirect) of profits, business, business opportunities, revenue, turnover, reputation or goodwill; and
      • 3.2.2 any loss or corruption (whether direct or indirect) of personal data or information;
    • 3.3 Subject to Clause 3.1, Hosting UK’ total aggregate liability to the Controller in contract, tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with a breach of Data Protection Laws or a breach of this Addendum or any collateral contract shall in all circumstances be limited to the greater of:
      • 3.3.1 the Charges paid or payable by Controller to Hosting UK under the relevant Agreement in the Initial Term; or
      • 3.3.2 the total Charges paid or payable by the Controller to Hosting UK under the relevant Agreement in the contract year concerned.
    • 4 GOVERNING LAW AND JURISDICTION
    • This Addendum and any dispute or claim arising out of or in connection with it, or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England. The parties agree that the courts of England will have exclusive jurisdiction to settle any dispute (whether contractual or non-contractual) arising from or in connection with the Addendum.