B) Web Hosting Services
Updated 13 October 2017
The following terms set forth the provisions under which the Company undertakes to provide the Customer with Web Hosting Services.
1 General Information
1.1 When the Customer takes up 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 administer Web Hosting Services on behalf of the Customer.
1.2 "Web Hosting Services" comprises web space (hereafter "disk space"), monthly bandwidth allowance, mailboxes and any other resources listed on the Company's website (www.wynchco.uk ) at the time the Customer takes up the Company's offer of a Web Hosting Services Account.
1.3 It is the Customer's responsibility 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.
1.3.1 If there is ever an abuse issue or the Company need to contact the Customer, the primary email address contained in the Company's record of the Customer's Web Hosting Services Account will be used for this purpose.
1.3.2 Providing false contact information of any kind may result in the termination of Web Hosting Services.
2.1 The Company may upon request help the Customer move their website to the Company's servers.
2.2 No guarantee is made by the Company of the availability of this service or the amount of time it may take to transfer a website to the Company's servers.
2.3 Due to the unpredictable nature of the nameserver change process, no guarantee is made by the Company regarding:
2.3.1 the amount of time it may take to make a specific nameserver change;
2.3.2 the outcome, successful or otherwise, of an attempted change of nameservers.
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 Service Levels
4.1 The Company will use its reasonable endeavours to make its servers available to the Customer for ninety-nine per cent (99%) of each calendar month. The Company does not warrant access to the Company's servers will be uninterrupted or error free but the Company shall use its reasonable endeavours to keep downtime to a minimum. The Company shall make all commercially reasonable efforts to provide the Customer with advanced notification of all scheduled non-emergency outages.
4.2 The Company does not give service credits for any form of downtime or service unavailability.
5 Content Standards
5.1 These content standards apply to any and all web pages, files, data and information that the Customer uploads (or permits to be uploaded) onto the Company's servers as part of the Customer's use of the Company's Web Hosting Services (hereafter "Material"), and to any interactive services associated with the said Material.
5.2 The Customer must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Material as well as to its whole.
5.3 Material which the Customer uploads (or permits to be uploaded) onto the Company's servers must:
5.3.1 be accurate (where they state facts);
5.3.2 be genuinely held (where they state opinions);
5.3.3 comply with applicable law in the UK and in any country from which they are posted.
5.4 Material which the Customer uploads (or permits to be uploaded) onto the Company's servers must not:
5.4.1 contain any material which is defamatory of any person;
5.4.2 contain any material which is obscene, offensive, hateful or inflammatory;
5.4.3 contain any material that is pornographic or content perceived to be pornographic or links to pornographic content;
5.4.4 contain ay material that is child pornography or content perceived to be child pornography or links to child pornography;
5.4.5 promote violence;
5.4.6 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
5.4.7 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;
5.4.8 be likely to deceive any person;
5.4.9 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
5.4.10 promote any illegal activity;
5.4.11 be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
5.4.12 be likely to harass, upset, embarrass, alarm or annoy any other person;
5.4.13 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
5.4.14 give the impression that they emanate from the Company, if this is not the case;
5.4.15 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
5.5 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.
5.5.1 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.
5.5.2 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 17').
6 Resource Usage Limitations
6.1 The Customer may use the Company's Web Hosting Services only for lawful purposes.
6.2 The Company's Web Hosting Services allow the Customer server space for normal routine "non-file-distribution" web usage only.
6.3 The Customer may not use the Company's Web Hosting Services:
6.3.1 in any way that breaches any applicable local, national or international law or regulation;
6.3.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
6.3.3 for the purpose of harming or attempting to harm minors in any way;
6.3.4 to send, knowingly receive, upload, download, use or re-use any Material which does not comply with the Company's content standards;
6.3.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (also known as SPAM);
6.3.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, malware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
6.4 In using the Company's Web Hosting Services the Customer may not:
6.4.1 use more than five per cent (5%) of the processing capacity of any one of the Company's servers (there are numerous activities that could cause such problems, including, but not limited to, CGI scripts and intensive FTP, PHP or HTTP operations);
6.4.2 run stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCd;
6.4.3 run any type of web spider or indexer; including (but not limited to) GoogleCash and AdSpy;
6.4.4 run any software that interfaces with an Internet Relay Chat network;
6.4.5 run any bit torrent application, tracker, or client (the Customer may link to legal torrent files off-site, but may not host or store them on the Company's servers);
6.4.6 undertake or participate in any live video/audio streaming, video/audio sharing, file-sharing and/or peer-to-peer activities;
6.4.7 run any gaming servers;
6.4.8 run cron entries or other scheduled tasks other than by configuring them through the Web Hosting Services Account Control Panel;
6.4.9 give away web space under any one Web Hosting Services Account;
6.4.10 operate a proxy website or service;
6.4.11 operate as a remote file host for other websites.
7 "Fair-Use" of Server Resources
7.1 The Customer acknowledges:
7.1.1 that the Company's resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment;
7.1.2 that server technology limits the amount of available resources for use, including but not limited to disk drive space, CPU processing power, memory and access speed;
7.1.3 that all of the Company's provided services are of a shared-server nature, and other users are sharing the provided space;
7.1.4 that any one Web Hosting Services Account is entitled to utilize the server resources, within reason, up to what is allotted or by what is physically available.
7.2 If resources become scarce, the Company reserves the right to limit the Customer using the affected server to a lower limit to preserve the effectiveness of the service for all customers. If a particular Customer is in extreme excess of what the average users of the server have in use (actually used) of their resource allotments, that Customer may be asked to remove content, cut resource usage, or relocate to another provider. This policy only applies to Web Hosting Services Accounts that are considered to be abusive in service, disk space or resource consumption and where it is evident that the "fair-use" of resources among customers has been breached, particularly in regards to disk space, bandwidth or CPU processing power utilization. Additionally, Web Hosting Services Accounts that are found to contain either/or no html documents or a large number of unlinked files are subject to warning, suspension or cancellation at the Company's sole discretion.
7.3 If a "Fair-Use" infringement occurs, the determination of which is at the Company's sole discretion, the Company may remove files from or reduce access to any one of the Customer's Web Hosting Services Accounts to an extent as determined by the Company in order to restore full serviceability to other customers affected by the infringement. The Company will notify the Customer of any actions that the Company has taken or may take.
8 Bandwidth Usage
8.1 Any one Web Hosting Services Account includes unlimited per calendar month bandwidth allowance.
8.2 Any one Web Hosting Services Account will only be allowed to use a maximum of five (5) per cent of the of the processing capacity of any one of the Company's servers.
8.3 The Company will contact the Customer to discuss their hosting requirements if their usage has, or may have, a detrimental effect on the Company's other customers.
9 Disk Space
9.1 Any one Web Hosting Services Account may not exceed 1 GB (one gigabyte) of Disk Space except at the sole discretion of the Company. If more than 1 GB (one gigabyte) of Disk Space is required then the Customer is invited to upgrade their Web Hosting Services Account to one that includes more Disk Space.
10.1 Any one Web Hosting Services Account includes the provision of mailboxes. The size of any one mailbox is limited to the amount of available Disk Space (see "Web Hosting Services Terms Clause 9.1").
11 Data Warehousing
11.1 The Customer must not use the Company's Web Hosting Services for offsite electronic file storage, data warehousing, backup data storage, mirror sites, any form of data file storage or management, or as a provisioning service for third party email or FTP hosts.
11.2 The Customer must not use the Company's Web Hosting Services as an offsite backup facility. All files uploaded to the Company's servers as part of the Customer's usage of the Company's Web Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to operate the Website of which they form part.
11.3 All downloadable files or files stored by the Customer on the Company's servers must be available for download via HTML document stored on the server in a publicly or privately accessible area, and must be directly related to the general nature of the Customer's website index.
11.4 The Company reserves the right to delete files or directories that are not web-visible without giving notice to the Customer.
11.5 All website content stored on the Company's servers by the Customer as part of the Company's Web Hosting Services will be available to search engines unless the Customer takes action to prevent this. If the Customer wishes to optimise their website content for search engines the Customer agrees to use coding and techniques which comply fully with the guidelines issued by search engines.
12 Payment Information
12.1 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.
12.2 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.
12.3 The Customer is responsible for ensuring that the Customer's payment information is 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.
12.4 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.
12.5 The Company reserves the right to change prices at any time.
13 Backup and Loss of Material
13.1 The Customer accepts full responsibility for taking all necessary measures to:
13.1.1 maintain appropriate and up-to-date back-up copies of Material;
13.1.2 protect Material from being hacked, compromised, lost, damaged, altered or destroyed;
13.1.3 restore Material to the same condition that it was in prior to being hacked, compromised, lost, damaged, altered or destroyed.
13.2 The Company will disable Material when the Company is made aware that Material may have been hacked, compromised, lost, damaged, altered or destroyed.
13.3 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.
13.4 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.
14.1 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.
14.2 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.
14.3 The Company reserves the right to cancel any one Web Hosting Services Account at any time with or without notice.
15 Network IP Address Ownership
15.1 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.
15.2 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.
15.3 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.
16.1 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.
16.2 Notwithstanding 'Standard Terms Clause 3: The Services' 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 (text, graphics, images, audio, video and/or other type of electronic media) used as part of any one website hosted by the Company on behalf of the Customer.
17 Suspension and Termination
17.1 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.
17.2 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:
17.2.1 immediate, temporary or permanent withdrawal by the Company of the Customer's right to use the Company's Web Hosting Services;
17.2.2 immediate, temporary or permanent removal by the Company of any Material uploaded to the Company's servers;
17.2.3 issue by the Company of a warning to the Customer;
17.2.4 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;
17.2.5 further legal action by the Company against the Customer;
17.2.6 disclosure by the Company to law enforcement authorities of any information that the Company deems appropriate.
17.3 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.
17.4 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.
18 Disclosure to Law Enforcement
18.1 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.
18.2 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.