Hosting, Email & Domain Terms
The terms and conditions outlined below, are in place to protect both parties and by paying for services, the client is agreeing to be bound by them.
Hosting / Hosting & Email Services
1. ACCEPTABLE USAGE POLICYThe Acceptable Usage policy sets out the terms under which you may use the hosting services we provide. The use of our Hosting Services (where applicable) means that you accept, and agree to abide by all the policies stated below.
1.1 Website Content
The client agrees that web pages and files uploaded to servers will not violate any local, national or foreign laws or regulations; infringe on any intellectual property rights of Websorceress or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Websorceress or any third party. Customers may not run IRC, bots, or clients. Unacceptable uses also include: bulk unsolicited emailing, unsolicited emailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted music files, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers. Websorceress will be the sole and final arbiter as to what constitutes a violation of this policy. WebSorceress.co.uk does not normally monitor the contents of clients' servers; however, if suspicion occurs, Websorceress reserves the right to investigate and terminate the client's subscription to the service without refund.
Unsolicited Email or "spam" originating from a server located on our network or associated with a Websorceress server is not tolerated. This includes any email that promotes websites hosted on a server located on the Websorceress network, but is sent from an email address not associated with that account. The client shall not use their Websorceress services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. WebSorceress.co.uk reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. We have a fair use policy that no more than 200 outgoing emails may be sent within one hour. A breach of these terms will result in site suspension, possibly deactivation if repeated.
Websorceress provides the tools needed to create backups of account data. It is the responsibility of the customer to keep up-to-date archives of their backed up data. Websorceress does not take backups of customer websites. Your data is stored on a storage platform with hardware redundancy to protect against data loss through hardware failure but we are not responsible for data loss caused by Customer error or failure to make timely payment in respect of renewals.
1.4 Unauthorised Scripts and Executables
The customer agrees not to run any scripts, executables, or other programs or processes on Websorceress's servers that will any any way adversely affect the performance of said servers.
1.5 Unlicensed Software
The customer agrees only to use properly licensed third party software on Websorceress's servers.
1.6 Intellectual Property
The customer agrees that it shall not violate any intellectual property rights and that it shall not resell services to any party which violates intellectual property rights. Websorceress are required by law to remove or block access to any content upon notice of copyright infringement.
1.7 Viruses and other Destructive Activities
Use of Websorceress's systems for creating or sending malicious, destructive or nuisance code, examples of which but are not limited to, viruses, worms, Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited and in breach of this agreement.
1.8 Child Pornography
The use of Websorceress's systems to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. We are required by law to notify the Police if we become aware of the presence of child pornography on, or being transmitted through our systems.
1.9 Data Warehousing
The servers provided by Websorceress are intended for web services use only. Any user of our servers for file storage, data warehousing, backup data storage, mirror sites or any form of data file storage or management is prohibited.
1.10 Peer to Peer File Sharing
The customer will not run services or software related to Peer to Peer file sharing, bit torrent or any website.
1.11 Other Prohibited Activities
Engaging in any activity that, at Websorceress's absolute discretion, disrupts, interferes or is harmful to our services, business, operations, reputation, customers or ability of our customers to use our service is prohibited.
1.12 Hosting for EKM Powershop sites: High Resource Usage: In providing the Services, Ekm Systems maintains very large ratios of bandwidth and disk space per customer. Currently, Ekm Systems has implemented an "unlimited" bandwidth and disk space usage policy. However, should Ekm Systems consider that the Customer is using server resources to such an extent that it jeopardises server performance and resources for other customers ("Excessive Resource Usage"), Ekm Systems reserves the right to suspend or terminate immediately the provision of the Services to the Customer. Such a suspension would only be implemented in extreme circumstances and is intended to prevent the misuse of the Services and/or Ekm Systems' servers. For the avoidance of doubt, bandwidth usage which equals or exceeds 45Gb in any month (or a pro-rata proportion of the same on a daily basis) shall constitute Excessive Resource Usage for the purposes of this condition.
2. FEES, CHARGES, RENEWALS & CANCELLATIONSIf hosting forms part of a web design package, the first 12 months hosting are included free of charge. The customer is liable for any additional Domain Registration Fees. This varies depending on the TLD but will be invoiced separately.
Renewal terms below apply to hosting, hosting & email and domain services. Depending on the renewal date(s), services may be billed together for convenience.
2.1 Payment of Fees & Renewals
We currently only accept payments in £ Sterling via bank transfer, cash or cheque. Full payment is required in advance, before the service is established.
Recurring billing is managed as follows:
Renewal is automatic and may be cancelled at any time (see cancellations & refunds below).
Notification in the form of an e-invoice will be made approximately 4 (four) weeks prior to renewal date and will include amounts payable. Payment of such must be received no later than 7 (seven) days before the expiry date, with allowances of a further 7 (seven) days being made for the clearance of funds via cheque.
Failure to make payment as per our terms will result in the following action
(i) Following your expiry date or expected date of payment, your services will be automatically suspended pending payment. A late payment charge of £20 will be levied (plus the current renewal cost) should you decide to reactivate your account during the suspension period.
(ii) 28 (twenty eight) days following your expiry date we will assume your hosting is no longer required and your site and any associated files will be removed from the server. If you are using our domain email services, the data will be irrevocably lost. Your account will be cancelled and renewal invoice (where applicable) will be nulled.
(iii) For those using EKM Powershop hosting, you will need to refer to their terms for non-payment. Failure of payment may result in an irrevocable loss of your website and associated files.
2.2 Cancellations and Refunds
Should you wish to cancel your hosting, simply inform us via email (email@example.com) and your hosting will expire:
i) At the end of the current calendar month (if during your first month) or;
ii) At the close of business on the date of expiry.
Please allow 5 working days for cancellations to be processed.
Please note that any Domain Registration Fees are non-refundable and the domain name will remain registered for the specific term allocated during registration. If you would prefer that your domain is cancelled, please contact us as fees will apply.
Should your hosting subscription be part of a Website Package deal, you will not be entitled to any refunds for hosting as the first 12 months are included free of charge.
Following your written request for cancellation, your hosting account will become in 'suspended' status meaning access will be withdrawn. Your account will remain in this status for a period of 3 calendar months whereby the account may be reinstated (renewal fee would apply) should you decide to change your mind or find you need access to your email account. At the end of the suspension period, we will assume your hosting is no longer required and your site and any associated files will be removed from the server. If you are using our domain email services, the data will be irrevocably lost.
Domain ServicesDomains, where applicable, are registered on behalf of the client by a third party (fully accredited by both ICANN and Nominet) with the name and address specified by the client at the time of ordering. When you register a domain name, you enter into three separate contracts: one with Nominet UK, *the chosen registrar and Websorceress. Our terms are as follows:
- All Fees quoted are not currently subject to UK VAT.
- The Customer agrees to make payment for the Services at the time of making the order or renewal.
- Fees are payable as specified in the specific Conditions relating to the Service in question and are due on an ongoing basis until this Agreement is terminated.
- The Fees including renewals payable to Websorceress will be paid in advance and will not be refundable in whole or part if the Agreement or relevant part is terminated during the period to which the payment relates.
- The Customer acknowledges that the provision of the Services is conditional on Websorceress receiving payment of the Fees in full by the
payment date specified on the customer's invoice or payment request. In the event of non payment of Fees the following action will be taken:
(i) Following your expiry date your services will be automatically suspended for a maximum period of 90 days, pending payment.
(ii) A late payment charge of £20 will be levied should you decide to reactivate your account during the suspension period.
(ii) 83 (eighty three) days following your expiry date, your domain name will be scheduled for cancellation and upon midnight of the 90th day following expiry your domain will be cancelled. Once cancelled, you lose all rights to the domain and the domain will become instantly available to anyone who wishes to re-register it.
- Where stipulations are made for requests to be made in writing, this includes electronic mail, form mail, handwritten, fax or printed format.
- When requested, Websorceress will endeavour to identify a suitable domain name and hosting agreement either directly or through third parties.
- All quotations provided by Websorceress are valid for a period of 30 days from quotation date.
- Additional services must be requested by the client in writing and will be quoted for separately.
- Web Sorceress takes no responsibility for the functionality or maintenance of the website after the work has been completed (unless a maintenance contract is in place).
- Errors (both technical and typographical) attributable to Websorceress will be corrected free of charge, but Websorceress reserves the right to charge a reasonable fee for correction of errors for which Websorceress is not responsible, including, but not limited to malicious modification of the Website by a third party and typographical errors contained in materials provided to Web Sorceress by the Client.
- The entire risk as to the quality and performance of the web pages and website is with Client. In no event will Web Sorceress be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Websorceress has been advised of the possibility of such damages.
- If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
- Websorceress cannot be held responsible for any loss of service or business due to incompatibility or as a result of external failure, that may be reliant upon and beyond Websorceress' control.
- The terms and conditions as laid out may be amended at any time without prior notice. Please check from time to time for updates.
- 'Websorceress' refers to 'Websorceress', 'Websorceress.co.uk' and 'Websorceress 24-7 Hosting'.
*The chosen registrar will depend on the type of domain and term period the client has chosen. Full details will be supplied upon client's request.
If you have any questions regarding our hosting terms and conditions, we are more than happy to discuss them with you, please