These General Terms & Conditions and the Service Specific Terms & Conditions, the Acceptable Use Policy and any information relating to the Service/Package purchased from Webfeat-Hosting forms the Agreement between Us. If any of these General Terms & Conditions are inconsistent with any terms set out in Webfeat-Hosting Service specific terms & conditions, the Service specific terms & conditions shall prevail.
You acknowledge and accept that Your use of the Services must be in accordance with the Acceptable Use Policy.
1. Definitions
1.1 "Agreement" means any agreement to which these terms & conditions are incorporated.
1.2 "Package" means a collection of Services.
1.3 "Pay As You Go" means Webfeat-Hosting no minimum term commitment monthly payment option.
1.4 "Prices" means the Prices for the Services set out in order form or as otherwise notified to You.
1.5 "Services" means the Services to be provided by Webfeat-Hosting.
1.6 "You/Your" means the person or company who purchases Services from Webfeat-Hosting.
2. Cancellations
2.1 You are entitled to cancel the Services by submitting a cancellation request to our support team via the Webfeat-Hosting control panel no less than 7 days prior to the anniversary date of the contract term or the relevant service specific terms & conditions pertinent to the Services or Package you have purchased.
2.2 Webfeat-Hosting reserves the right to cancel and/or suspend Your Service at any time without notice if You breach these General Terms & Conditions and/or Service Specific Terms & Conditions and/or our Acceptable Use Policy.
3. Refunds
3.1 Charges due on a pre-pay basis (together with account set-up fees, where applicable), are non-refundable.
3.2 In the event that Webfeat-Hosting cancels Your Service for reasons other than Your breach of contract, You will be entitled to a pro rata refund based upon the remaining period of Your current contract term.
3.3 If You contravene Your Agreement with Webfeat-Hosting, a refund will not be issued in the event of a cancellation.
4. Payment
4.1 All Services and Packages must be paid for in advance in accordance with the specific provisions of that Service or Package.
4.2 Payment will be due on the basis of the Service and/or Package You have selected. If You have purchased "Pay as You go" Services or Packages then payment will be required monthly in advance. If You have purchased Services on an annual (12 month) basis then You will be required to pay pursuant to the payment plan You selected, paying annually in advance or by way of monthly instalments in advance throughout the year.
4.3 Webfeat-Hosting reserves the right to change the Prices and/or nature of its Services by giving You written notice of those changes. Notice of changes to Prices and/or Services will be given by e-mail to the e-mail address held in Your Webfeat-Hosting Account. If You have already purchased a particular Service then the change in the Price or nature of that Service will only become effective when the Service reaches the end of its current term. You will be charged the new Price when the Service is automatically renewed at the end of the current term.
4.4 All payments must be made in UK pounds sterling, inclusive of applicable taxes.
4.5 You warrant that You are lawfully authorised to make payment using the payment card or facility You disclose to Webfeat-Hosting. In the event that You are not the named card holder, You acknowledge that You and the party who is the named card holder both accept Webfeat-Hosting' Terms & Conditions and are jointly and severally liable for the payment of all Prices for which payment will be taken from the payment card, the details of which You have provided. You will indemnify and hold Webfeat-Hosting harmless in the event that the cardholder or issuer declines any transaction for payments to Webfeat-Hosting, including all of Webfeat-Hosting costs in administering Your non-payment and obtaining payment of those Prices due.
4.6 Where You provide Webfeat-Hosting with information relating to a third party, including but not limited to the use of their payment details, either in accordance with clause 5.5 above or for any other purpose, You warrant that You have obtained express consent from the third party for Webfeat-Hosting to use their information and you consent that we may share your information, including but not limited to the Services You have purchased, to enable the third party to ascertain the terms of your Agreement with Us and why we are authorised to take payment from the third party's payment card or PayPal account, if necessary, to contact the third party for the purposes of this Agreement.
4.7 Webfeat-Hosting reserves the right to suspend Services until payment is received in full and all outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a £20 administration charge. You are responsible for all money owed on the account from the time it was established until Webfeat-Hosting accepts Your cancellation request.
4.8 PayPal - Payments processed by PayPal are subject to PayPal's terms and conditions of Service, and Webfeat-Hosting makes no representations or warranties with respect to those Services.
4.9 No bills or invoices will be sent by regular mail. All invoices will be sent directly to You via email shortly after the purchase.
4.10 If You fail to pay all Prices due, Webfeat-Hosting reserves the right to interrupt, suspend or cancel the Services to You. Such interruption, suspension or cancellation does not relieve You from paying all Prices which are overdue and payable to Webfeat-Hosting.
5. Chargebacks
5.1 If You withdraw any payments made via a bank, credit card or PayPal account (a "chargeback") You may be subject to a administration fee of £50, should Webfeat-Hosting deem the chargeback to be unfair. Webfeat-Hosting also reserves its right to defend such chargebacks and recover the original monies from You or the card issuer. 6.2 If a chargeback is made, Webfeat-Hosting reserves the right to interrupt, suspend or cancel the Services. Such interruption, suspension or cancellation does not relieve You from paying the original Prices which are overdue and payable to Webfeat-Hosting.
6. Appropriate Service use
6.1 Webfeat-Hosting reserves the right to refuse Service and/or access to its servers and/or Services to anyone.
6.2 Webfeat-Hosting does not allow any content which breaches our Acceptable Use Policy to be stored on its servers:
6.3 Refusal of Service based on the content being contrary to our Acceptable Use Policy is entirely at the discretion of Webfeat-Hosting.
6.4 Webfeat-Hosting reserves the right to move Your data to a different server with no previous notice.
7. Scheduled maintenance
7.1 To guarantee optimal performance on the servers, it is necessary for Webfeat-Hosting to perform routine maintenance. Such maintenance often requires taking Webfeat-Hosting Exchange servers off-line, typically performed during off-peak hours. Webfeat-Hosting will give You advance notice of maintenance requiring the servers to be taken off-line whenever possible.
8. Support
8.1 We will endeavour to provide a continuous high quality service. If You experience problems with Your Service, You should contact support.
8.2 Please note we may require suspension of some of Webfeat-Hosting Services for short scheduled periods to carry out maintenance or repair to Webfeat-Hosting Services. Information concerning scheduled downtime is available on the Webfeat-Hosting support website, as are details of any interruptions to Webfeat-Hosting Services.
9. Reselling of Services
9.1 All Services other than Webfeat-Hosting Reseller Packages are to be used by the primary owner only, and do not allow the holders to resell, store or give away web-hosting Services of their website to other parties.
9.2 Webfeat-Hosting reserve the right to suspend access to the automated management facilities of the Reseller account including the API (Application Programming Interface) if a customer's use is deemed to be affecting the platform for which Webfeat-Hosting delivers the Services.
10. Database Usage
10.1 If You exceed the limits on Webfeat-Hosting database products (MS SQL and MySQL) then we will automatically invoice You for the additional space You use at Webfeat-Hosting current Prices. For example if You have a 150MB database and 200MB is in use at any point during a month then we will invoice you for the extra 50MB in that month. If you do not pay this, your database access will be suspended.
11. Ownership of data
11.1 All data created or stored by You within Webfeat-Hosting' applications and servers are Your property. Webfeat-Hosting shall allow access to such data by only authorised Webfeat-Hosting personnel. Webfeat-Hosting makes no claim of ownership of any web server content, email content, or any other type of data contained within the accountholder's server space or within applications on Webfeat-Hosting' servers.
11.2 You are responsible for backing up Your data.
12. Uploads via scripting languages
12.1 We limit uploads made via scripting languages - including PHP, ASP and ASP.NET. Uploads made using PHP are limited to 20MB per file.
13. Passwords
13.1 It is the mailbox owner's responsibility to keep his/her password confidential, and to change the password on a regular basis. Webfeat-Hosting is not responsible for any data losses or security issues due to stolen passwords. Webfeat-Hosting recommends that You use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. "12345", "password", etc.).
14. Your personal details
14.1 Please note that whilst Your email is primarily used for billing purposes, Webfeat-Hosting reserves the right to email You information about enhancements to Webfeat-Hosting systems and product offerings. You can unsubscribe from marketing communications within Your Webfeat-Hosting control panel.
14.2 We will not provide any of Your personal information to other companies or individuals without Your permission. However, we may need to provide Your name and delivery address to third parties that Webfeat-Hosting may use for the purposes of delivering specific Services to You (e.g. customer support).
15. Webfeat-Hosting Disclaimers and Warranties
15.1 Webfeat-Hosting does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Webfeat-Hosting cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all Service interruptions caused by Webfeat-Hosting and its employees.
15.2 Webfeat-Hosting makes no warranties or representations that any Service will be uninterrupted or error-free. You accept all Services provided hereunder "as is" without warranty of any kind.
15.3 So far as permitted by law and particularly in respect of non-consumers, all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the Services to be provided hereunder to the fullest extent permitted by law.
15.4 For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.
16. Liability
16.1 Webfeat-Hosting shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf.
16.2 Webfeat-Hosting will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
16.3 No matter how many claims are made and whatever the basis of such claims, Webfeat-Hosting' maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to twice the fees paid by You for the Services in relation to which Your claim arises during the 12 month period prior to such claim.
16.4 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Webfeat-Hosting, its employees or its sub-contractors.
16.5 Webfeat-Hosting shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:-
16.5.1 interruptions to the flow of data to or from the internet;
16.5.2 changes, updates or repairs to the network or software which it uses as a platform to provide the Services;
16.5.3 the effects of the failure or interruption of Services provided by third parties;
16.5.4 factors outside of Webfeat-Hosting' reasonable control;
16.5.5 Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;
16.5.6 problems with Your equipment and/or third party equipment;
16.5.7 interruptions to the Services requested by You.
17. Force Majeure
17.1 Webfeat-Hosting shall not be responsible for any failure to provide any Services or perform any obligation under the Agreement because of any act of God, strike, lock-outs or other industrial disputes (whether involving the workforce of Webfeat-Hosting (or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication Services generally, or other similar force beyond its reasonable control.
18. Non-Waiver
18.1 The failure of Webfeat-Hosting to require Your performance of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Webfeat-Hosting of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
19. Survival
19.1 The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable not with standing termination of the Agreement for any reason. However, neither party shall be liable to other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms but each party shall be liable for any damage from any breach by it of this Agreement.
20. Notice
20.1 You agree that any notice or communications required or permitted to be delivered under this Agreement by Webfeat-Hosting to You shall be deemed to have been given if delivered by e-mail, in accordance with the contact information You have provided.
21. Governing Law
21.1 Except as otherwise set forth in the Domain Dispute Policy, Your rights and obligations and all contemplated by this Agreement shall be governed by English law and You submit to the exclusive jurisdiction of the English Courts.
22. Legal Fees
22.1 If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.
23. Assignment
23.1 You shall not assign, sub-license or transfer Your rights or obligations under this Agreement to any third party without the prior written consent of Webfeat-Hosting However, in the event that Webfeat-Hosting consents to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
24. Entire Agreement
24.1 This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to here in. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth here in.
25. Amendment in Writing
25.1 We may update or amend these General Terms and Conditions, the Service Specific Terms & Conditions including any technical specification relating to the Services and/or Package, the Acceptable Use Policy, Privacy Policy and any information relating to the Services/Package from time to time to comply with law or to meet our changing business requirements. We will give You prior notice of any changes to the Agreement and You can choose to cancel the Services without penalty before the new terms affect you.
26. Further Assurances
26.1 The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.
27. Relationship of the Parties
27.1 Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.
28. Joint and Several Obligations
28.1 If any party consists of more than one entity, their obligations here under are joint and several.
29. No Third Party Beneficiaries
29.1 This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.
30. Severability
30.1 In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or
invalidity shall not render this Agreement unenforceable or invalid as a whole. Webfeat-Hosting will amend or replace such provision with one that is valid and enforceable and which achieves,
to the extent possible, the original objectives and intent of Webfeat-Hosting as reflected in the original provision.
Please note: by signing up for any of Webfeat-Hosting Services You agree to be bound by all Webfeat-Hosting terms and conditions.
This policy is subject to change, so please check regularly for updates.
1. Use of Services
1.1 Webfeat-Hosting reserves the right to suspend or cancel a customer's access to any or all Services provided by Webfeat-Hosting, where Webfeat-Hosting decides that the account has been inappropriately used. Webfeat-Hosting reserves the right to refuse Services and/or access to its servers to anyone.
1.2 Webfeat-Hosting offer unlimited web space and bandwidth with some account types. By this, we mean unlimited space for legitimate web site content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. Sites should not contain any material which does not comply with our content
1.3 Webfeat-Hosting will suspend access to, or cancel, an account which:
1.3.1 Contains invalid or fraudulent details.
1.3.2 Initiates a payment card chargeback.
1.4 You agree;
1.4.1 not to re-sell or offer for the use of third parties any part of our services, unless you have purchased a reseller package.
2. Acceptable use guidelines
2.1 You may not use the Services:
2.1.1 in any way that breaches any applicable regulation , UK or International law.
2.1.2 in any way that is fraudulent;
2.1.3 to host any material which is in breach of our content guidelines (see section 3);
2.1.4 to transmit, or otherwise permit any unsolicited or unauthorised advertising or promotional material or any other form of similar marketing material ,also known as
SPAM or Unsolicited Commercial E-mail (UCE)
2.1.6 to publish or otherwise distribute Warez, copywritten or other illegal material. The onus is on You the customer to prove that You own the rights to publish material,
not for Webfeat-Hosting to prove that You do not.
2.1.7 to participate in any file-sharing/peer-to-peer activities;
2.1.8. as a file backup store. All files uploaded to a domain on our servers must be visible and accessible by visiting that domain, unless they are hidden files needed to
operate the website; we reserve the right to delete files which do not match these criteria without giving notice to you.
2.1.9 to use the server as an application server. Using the server to generate large volumes of email from a database is an example of activity that is not allowed. Scripts
should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because
they are resource intensive, and adversely affect server performance and are therefore not allowed. Scripts that are designed to provide proxy Services, anonymous or otherwise,
are not allowed
2.1.10 to use excessive amounts of server resources. These include bandwidth, processor utilization and / or disk space.
2.1.11 to offer HTTP downloads from your site, other than where the files are directly related to the subject matter of the site. We recommend you stream any multimedia content
including audio and video files. Any downloads offered by You under this clause are subject to sections 1.2, 2.1.6, and 2.1.10 of this Acceptable Use Policy. Webfeat-Hosting reserves
the right to archive any download content we do not believe to be necessary for the normal operation of the site, and the definition of this is entirely at the discretion of Webfeat-Hosting.
3. Content guidelines
3.1 These content guidelines apply to any and all services provided by Webfeat-Hosting to You.
3.2 Material published to or transmitted through our servers must:
3.2.1 be accurate (where stating facts);
3.2.2 comply with applicable law in accordance with section 2.1.1 of this policy.
3.3 Material must not:
3.3.1 be defamatory of any person;
3.3.2 be obscene, offensive, or inflammatory;
3.3.3 infringe any copyright, or trade mark.;
3.3.4 be likely to deceive any person;
3.3.5 promote or assist any illegal activity;
3.3.6 be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
3.3.7 be used to to misrepresent your identity or affiliation with any person or organization ;
3.4 You must ensure that any end-user submitted content such as forum posts or chat room entries meet with the standards defined within this Policy.
4. Enforcement
4.1 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of Webfeat-Hosting Services. When a breach of this policy
has occurred, we may take such action as we deem appropriate in accordance with section 1.1 of this Acceptable Use Policy.
4.2 Failure to comply with this Acceptable Use Policy constitutes a material breach of our Terms and Conditions upon which you are permitted to use Webfeat-Hosting Services,
and may result in our taking all or any of the following actions:
4.2.1 immediate, temporary or permanent withdrawal of your right to use Webfeat-Hosting Services;
4.2.2 immediate, temporary or permanent removal or archiving of any content in breach of our Content Standards (as defined in section 3 of this Acceptable Use Policy)
uploaded to our servers;
4.2.3 issue of a warning to you;
4.2.4 issue of 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;
4.2.5 further legal action against you; or
4.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
4.3 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.
5. General
5.1 Webfeat-Hosting have a Police Liaison function and we are committed to assisting, and cooperating with, all law enforcement and government agencies in helping to reduce Internet Crime.
6. Contact Information
6.1 We are happy to answer any questions You may have regarding Your Webfeat-Hosting Services. Please note that any discussions with Webfeat-Hosting are treated in strictest confidence, so we may need to ask You security questions to confirm that we are speaking to the right person.
Please note: by signing up for any of Webfeat-Hosting Services You agree to be bound by all Webfeat-Hosting terms and conditions.
(Define: 'Services' = all products/services offered by Webfeat-Hosting Internet Limited) Please note: by signing up for any of our services you agree to be bound by all Webfeat-Hosting terms and conditions.
