B) Web Hosting Services

Updated 16 April 2021

This page (together with the documents referred to in it) sets out the legal terms and conditions on which the Company supplies Web Hosting Services to Customers.

 

1 Web Hosting Services Account

1.1 When the Customer accepts the Company's offer of a Shared Server Hosting Account on a Cloud Platform in the UK (hereafter "Web Hosting Services Account") the Company will create a hosting account for the Customer using the services of hosting provider Krystal Hosting Ltd (hereafter "Hosting Provider").

1.2 The Customer agrees to be bound by the Hosting Provider's Terms & Conditions at https://krystal.uk/terms including but not limited to those which relate to Content Standards (see 'Web Hosting Services Terms Clause 4'), resource usage limitations, fair use of shared resources and data warehousing.

1.3 The Customer authorises the Company to share the Customer's Personal Data with the Hosting Provider for the purpose of administering the Customer's Web Hosting Services Account.

1.4 The Customer agrees to provide the Company with an email address which is not at the domain name(s) used by any one Web Hosting Services Account and which is current and up to date at all times.

 

2 Web Hosting Services

2.1 "Web Hosting Services" provided by the Hosting Provider comprise:

2.1.1 fixed amount of SSD Disk Space (hereafter "Disk Space") as specified in the Company's invoice for Web Hosting Services;

2.1.2 unlimited Bandwidth, Emails, Databases, Subdomains and Email Aliases;

2.1.3 WHMC cPanel hosting control panel;

2.1.4 free LetsEncrypt SSL Certificate;

2.1.5 Litespeed Web Server;

2.1.6 Uptime Guarantee of ninety-nine point nine nine (99.99) per cent.

2.2 Notwithstanding 'Web Hosting Services Terms Clause 2.1' the Company limits:

2.2.1 Bandwidth used by any one Web Hosting Services Account to a maximum of five (5) per cent of available processing capacity;

2.2.2 Emails stored in any one Web Hosting Services Account to the available amount of Disk Space.

2.3 Notwithstanding 'Web Hosting Services Terms Clause 2.1' the Company does not offer or provide service credits for any form of downtime or service unavailability if Uptime falls below ninety-nine point nine nine (99.99) per cent.

 

3 Access to Web Hosting Services

3.1 The Customer is responsible for:

3.1.1 making all arrangements necessary for the Customer to have access to the Company's Web Hosting Services, and

3.1.2 ensuring that all persons who access the Company's Web Hosting Services are aware of these terms and conditions and that they comply with them.

3.2 The Company undertakes to correspond with ONE named individual in respect of all matters arising from and relating to any one Web Hosting Services Account held by the Customer.

3.3 If the Customer is not an individual then the Customer is invited to nominate ONE named individual (hereafter "Agent") who will correspond with the Company on behalf of the Customer in respect of all matters arising from and relating to any one Web Hosting Services Account.

3.4 The Company may at its sole discretion make an Administration Charge each time the Customer changes the name of their agent during any one Web Hosting Services Account holding period.

3.5 The Customer represents and warrants that the Customer or their Agent is proficient in how to use a computer device, use a web browser and use an email client before contacting the Company for assistance with matters arising from and relating to the Customer's Web Hosting Services Account.

 

4 Content Standards

4.1 Any and all text graphics images audio video and/or other type of electronic media (hereafter "Material") the Customer uploads (or permits to be uploaded) to the Customer's Web Hosting Services Account must:

4.1.1 be accurate (where they state facts);

4.1.2 be genuinely held (where they state opinions);

4.1.3 comply with applicable law in England and Wales and in any country from which they are posted.

4.2 Any and all Material the Customer uploads (or permits to be uploaded) to the Customer's Web Hosting Services Account must not:

4.2.1 contain any material which is defamatory of any person;

4.2.2 contain any material which is obscene, offensive, hateful or inflammatory;

4.2.3 contain any material that is pornographic or content perceived to be pornographic or links to pornographic content;

4.2.4 contain ay material that is child pornography or content perceived to be child pornography or links to child pornography;

4.2.5 promote violence;

4.2.6 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

4.2.7 infringe any copyright, database right or trade mark of any other person, including but not limited to unauthorized copying of music, books, photographs, or any other copyrighted work;

4.2.8 be likely to deceive any person;

4.2.9 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

4.2.10 promote any illegal activity;

4.2.11 be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;

4.2.12 be likely to harass, upset, embarrass, alarm or annoy any other person;

4.2.13 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

4.2.14 give the impression that they emanate from the Company, if this is not the case;

4.2.15 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

4.3 Where the Customer uses the Company's Web Hosting Services to provide interactive services, such as (by way of example only) chat room, web forum, comment system and/or bulletin board (hereafter "interactive services") the Customer must ensure the use of best practice to operate those interactive services.

4.3.1 Notwithstanding the use by the Customer of best practice in operating interactive services, the Customer must assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided by the Customer using the Company's Web Hosting Services. The Customer must use appropriate moderation in the light of those risks.

4.3.2 Failure by the Customer to use appropriate moderation of any interactive service it provides may lead to withdrawal by the Company of the Customer's right to use the Company's Web Hosting Services (see 'Web Hosting Services Terms Clause 11').

 

5 Payment Information

5.1 The Customer agrees to supply appropriate payment for the Company's Web Hosting Services in advance of the time period during which Web Hosting Services are provided.

5.2 The Customer agrees that until and unless the Customer notifies the Company of the Customer's desire to cancel any or all Web Hosting Services received then those Web Hosting Services will be invoiced on a recurring basis.

5.3 The Customer is responsible for ensuring that the Customer's contact details are up to date and that all invoices for Web Hosting Services are paid on time. In the event that the Customer does not pay an invoice for Web Hosting Services by the "Due Date" (see 'Standard Terms Clause 4.6') the Company will suspend the Web Hosting Services until the invoice has been paid in full. Time is of the essence.

5.4 In the event that the Customer does not pay an invoice for Web Hosting Services within twenty-eight (28) days after the "Due Date" the Company will terminate the Web Hosting Services. Any data the Company hold or host in relation to the terminated Web Hosting Services will be immediately and permanently deleted from the Company's system. Time is of the essence.

5.5 The Company reserves the right to change prices at any time.

 

6 Backup and Loss of Material

6.1 The Customer accepts full responsibility for taking all necessary measures to:

6.1.1 maintain appropriate and up-to-date back-up copies of Material;

6.1.2 protect Material from being hacked, compromised, lost, damaged, altered or destroyed;

6.1.3 restore Material to the same condition that it was in prior to being hacked, compromised, lost, damaged, altered or destroyed.

6.2 The Company will disable Material when the Company is made aware that Material may have been hacked, compromised, lost, damaged, altered or destroyed.

6.3 The Customer accepts that in the event of any Material being hacked, compromised, lost, damaged, altered or destroyed, the Customer will not be given access to any server back-up the Company maintains pursuant to its archiving procedures.

6.4 The Customer agrees not to hold the Company responsible or liable for any hack, compromise, loss, damage, alteration or destruction and/or disclosure of Material caused by the Customer or any third party.

 

7 Transfers

7.1 The Company may upon request help the Customer transfer their website to a server run by the Company's Hosting Provider.

7.2 No guarantee is made by the Company of the availability of this service or the amount of time it may take to transfer the Customer's website.

7.3 Due to the unpredictable nature of the nameserver change process, no guarantee is made by the Company regarding:

7.3.1 the amount of time it may take to make a specific nameserver change;

7.3.2 the outcome, successful or otherwise, of an attempted change of nameservers.

 

8 Cancellation

8.1 Any Customer request for cancellation of any one Web Hosting Services Account must be notified to the Company in writing. The Company will respond to the Customer in writing in order to request confirmation of the cancellation request. The Customer must confirm the cancellation request in writing or the cancellation will be ineffective. Upon receipt by the Company of the Customer's written confirmation the Web Hosting Services Account will be cancelled.

8.2 If the Customer cancels any one Web Hosting Services Account then any data the Company hold or host in relation to the cancelled Web Hosting Services Account will be immediately and permanently deleted from the Company's system. Accordingly, the Customer is strongly advised to make appropriate copies of such data before they cancel any one Web Hosting Services Account.

8.3 The Company reserves the right to cancel any one Web Hosting Services Account at any time with or without notice.

 

9 Network IP Address Ownership

9.1 The Customer will have no right, title or interest in any internet protocol address (hereafter "IP address") allocated to them, and any IP address allocated to the Customer is allocated as part of the Company's Web Hosting Services and is not portable or otherwise transferable by the Customer in any manner whatsoever.

9.2 The Company shall maintain and control ownership of all IP addresses that may be assigned to the Customer by the Company. The Company reserves the right to change or remove all IP addresses in its sole and absolute discretion, at any time. If an IP address is re-numbered or re-allocated by the Company, the Company shall use its reasonable endeavours to avoid any disruption to the Customer.

9.3 The Customer agrees that they shall have no right, title or interest to any IP address upon expiry or termination of the Company's Web Hosting Services, and that the acquisition by the Customer of a new IP address following expiry or termination of the Company's Web Hosting Services shall be solely the Customer's responsibility.

 

10 Indemnity

10.1 The Company does not monitor and will not have any liability for the Customer's Material or any other communication the Customer transmits, or allows to be transmitted, by virtue of the Company's Web Hosting Services.

10.2 Notwithstanding 'Standard Terms Clause 3' the Customer will indemnify the Company in full against all loss (including loss of profit), costs (including cost of all time and materials purchased or used), damages, charges and expenses incurred by the Company as a result of any infringement of copyright relating to Material used as part of any one website hosted by the Company on behalf of the Customer.

 

11 Suspension and Termination

11.1 The Company will be the sole and final arbiter as to what constitutes a breach by the Customer of the Company's Web Hosting Services terms and conditions.

11.2 In the event of any breach by the Customer of the Company's Web Hosting Services terms and conditions the Company reserves the right to take all or any of the following actions:

11.2.1 immediate, temporary or permanent withdrawal by the Company of the Customer's right to use the Company's Web Hosting Services;

11.2.2 immediate, temporary or permanent removal by the Company of any Material uploaded to the Customer's Web Hosting Services Account;

11.2.3 issue by the Company of a warning to the Customer;

11.2.4 issue by the Company of legal proceedings against the Customer for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

11.2.5 further legal action by the Company against the Customer;

11.2.6 disclosure by the Company to law enforcement authorities of any information that the Company deems appropriate.

11.3 The Company excludes liability for actions taken by the Company in response to breaches by the Customer of the Company's Web Hosting Services terms and conditions. The responses described in these Terms of Service are not limited, and the Company may take any other action it reasonably deems appropriate.

11.4 All abuse issues must be dealt with via support ticket or via the email contact details published at the Company's website (www.wynchco.uk). Failure by the Customer to respond within forty-eight (48) hours to email from the Company will result in the suspension or termination of Web Hosting Services. Time is of the essence.

 

12 Disclosure to Law Enforcement

12.1 The Terms of Service specifically prohibit the use of the Company's services for illegal activities. The Customer agrees that the Company may disclose any and all customer information (including assigned IP address, account history and/or account use) to any law enforcement agency that requests such information, provided they posses the proper court-approved warrant, without consent or notification to the Customer.

12.2 The Company is required by law to notify the Police if it becomes aware of the presence of child pornography on, or being transmitted through the Company's systems.