You indicate acceptance of these web hosting terms and conditions by agreeing for eckhoMedia to host your website and email accounts. These terms and conditions will not be varied for individual customers.
In this agreement, the following words and expressions shall have the following meanings:
- Downtime means any service interruption in the availability of the website to visitors
- Intellectual property rights mean the patents, trademarks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, where registrable or not in any country.
- eckhoMedia means eckhoMedia Limited who registered office is eckhoMedia, Spike Design, 133 Cumberland Road, Bristol, BS1 6UX.
- Client means the customer who have purchased a hosting solution from us to host their website and/or email accounts.
- IP address stands for internet protocol address which is the unique numeric address assigned to each of the eckhoMedia servers.
- ISP stands for internet service provider.
- Server means the physical hardware operated by eckhoMedia in connection with the provision of the hosting services.
- The Services means website hosting, email hosting, domain name registration, backup and any other services or facilities provided by eckhoMedia.
- Spam means sending unsolicited and/or bulk emails.
- Virus means a computer programme that copies itself or is copied to digital computer media and destroys, alters or corrupts data, causes damage to files or creates a nuisance or annoyance to the user and includes programs sometimes referred to as worms or Trojans.
- Visitor means a third party who has visited the client’s website.
- Webspace means the server space that has been allocated to the client for their exclusive use.
- Third parties mean organisations or individuals who are not associated with eckhoMedia.
- Registered company means a business or entity registered under the Companies Act 2006.
- The headings found in this agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this agreement.
- The client wishes to provide eckhoMedia with data that will be hosted on the eckhoMedia hosting environment and made accessible to the internet.
- eckhoMedia provides web hosting services and has agreed to host the client’s data up the following terms and conditions
- eckhoMedia shall provide to the client the services specified in their order subject to the following terms and conditions.
- The client shall deliver to eckhoMedia the website and the software used in the website which is owned by the client, or licensed to them by a third party or from eckhoMedia in a format specified by eckhoMedia.
4. Charges and Payments
- We accept payment via bank transfer, PayPal, Direct Debit and standing orders.
- eckhoMedia do not accept cheques, postal orders, cash or any other form of payment other than those outlined above unless otherwise agreed at the time that the invoice is raised.
- The charges are exclusive of VAT, which is applicable shall be paid by the client.
- eckhoMedia shall be entitled to charge a late payment fee for the failure to pay an invoice for the hosting services that eckhoMedia provide to the client.
- If it is necessary for us to issue you with invoices or other documents by post, we will add the cost of producing and sending these documents to your account.
- Refunds will not be issued for services that are cancelled before the end of the hosting period.
- All hosting services will renew until cancelled by the client. eckhoMedia will email the customers primary email address with an invoice after the renewal date with an invoice for the next hosting period, it is the clients responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Clients must notify us at least 30 days before a service is renewed if they wish to cancel that service, hosting expiration dates can be found in your account. The cancellation process must be fully completed by you before your account is cancelled.
- In the event that the client, as an individual, engages eckhoMedia in the provision of services on behalf of a registered company the individual agrees to be bound to, and take responsibility for, complying with all terms under this agreement should the registered company be unwilling or unable to be bound to, or take responsibility for, complying with all terms under this agreement.
- You are required to have a valid email address and payment method in order to pay for your hosting services, constant failure to pay hosting service invoices will result in suspension of your hosting account, repeated failures will be liable to termination of hosting services.
5. IP Addresses
- eckhoMedia shall maintain control and ownership of the IP address that is assigned to the client as part of the services and reserves the right in its sole discretion to change or remove any IP addresses where necessary.
- Where eckhoMedia changes or removes, any IP address the work will be completed to avoid any disruption to the clients hosting service.
6. Software Licence and Rights
- If the customer requires the use of software owned by or licenced to eckhoMedia, in order to use the services eckhoMedia grants to the clients and its employees, agents and third party consultants a royalty free, worldwide, non-transferrable, non-exclusive licence to use eckhoMedia software in object code form only, in accordance with the terms of this agreement. For the avoidance of doubt, this agreement does not transfer or grant the client any right, title, interest or intellectual property rights of eckhoMedia software.
- In relation to the eckhoMedia obligation under this agreement in connection with the provision of the services, the client grants eckhoMedia a royalty free, world-wide, non-exclusive licence to use the client software and all text, graphics, logos, photographs, images, moving images, sounds, documents and any other related material featured, displayed or used in or in relation to the website and forms the content. For the avoidance of doubt this agreement does not transfer or grant eckhoMedia any right, title, interest or intellectual property rights in the client software or content.
- The client undertakes that they will not either their self or through any third part, sell, lease, licence or sublicense eckhoMedia software.
- eckhoMedia may make copies of the client content as may be necessary to perform its obligations under this agreement, these include backup copies and development copies. Upon termination or expiration of this agreement eckhoMedia will destroy all such copies of the content and other materials provided by the client as and when requested by the client.
7. Service Levels and Data backup
- eckhoMedia shall use its reasonable endeavours to make the server environment and the services available to the client 100% of the time, but because the services are provided by means of third party computer and telecommunications systems eckhoMedia makes no warranties or representations that the service will be uninterrupted or error-free and eckhoMedia shall not, in any event, be liable for interruptions of service or downtime of the server environment.
- eckhoMedia carries out data backups for use by eckhoMedia in the event of system failure, eckhoMedia do not provide data restoration facilities for individual customers for a specific problem caused by the client. Even though every effort is made to ensure data is backed up correctly eckhoMedia accepts no responsibility for data loss or corruption.
8. Acceptable Use Policy
- The website and use of the services may be used for lawful purposes only and the customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the client agrees not to:
- Use, or permit the use of, the services or the website in any way to send unsolicited commercial email or spam, or any similar abuse of the service that eckhoMedia provides to the client. eckhoMedia reserves the right to determine what constitutes spam and terminate or suspend all services, without prior notice, of any customer disregarding this policy. A client will be charged a fee of £60 plus an additional £40 per hour administrative charges to cover the costs associated with any damage to our servers where accounts are terminated or suspended due to spam.
- Send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities.
- Publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information which infringes any intellectual property rights via the services or on the client’s website.
- Threaten, abuse, disrupt or otherwise violate the rights (including the rights of privacy and publicity) of others.
- Engage in illegal or unlawful activities through the services or via the website.
- Make available or upload files to the website or to the services that the client knows contain a virus, worm, Trojan or corrupt data.
- Obtain or attempt to obtain access, through whatever means, to areas on eckhoMedia server environment which are restricted or confidential. This includes leaving your home directory whilst using SSH access to hosting space.
- Operate or attempt to operate IRC bots or other permanent server processes.
- The client has full responsibility for the content on the website, for the avoidance of doubt eckhoMedia is not obliged to monitor, and will have no liability for, the content of any communications transmitted by the services provided.
- If the client fails to comply with the Acceptable Use Policy outlined above eckhoMedia shall be entitled to withdraw the services and terminate the clients account without notice.
9. Alterations and Updates
- All alterations and updates to the website shall be made by the client using the online account management facility or FTP access where necessary. The client will be issued with login credentials in order to access their website account. The client must take all reasonable steps to maintain confidentiality of these login credentials. If the client reasonably believes that this information has become known to any unauthorised person, the client agrees to immediately inform eckhoMedia so that the details can be changed to prevent unauthorised access or changes.
- The client warrants and represents to eckhoMedia that eckhoMedia’s use of the content or the client software in accordance with this agreement will not infringe the intellectual property rights of any third party and that the client has the authority to licence the content and the client software to eckhoMedia.
- All conditions, terms, representations and warranties that are not expressly stated in this agreement, whether oral or in writing or whether imposed by statue or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular, and without prejudice to that generality eckhoMedia shall not be liable to the client as a result of any viruses introduced or passed on to the client.
- The client agrees to indemnify and hold eckhoMedia and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against eckhoMedia arising out of any breach by the client of the terms of this agreement or other liabilities arising out of or relating to the website.
12. Limitation of Liability
- Nothing in these terms and conditions shall exclude or limit eckhoMedia liability for death or personal injury resulting from eckhoMedia’s negligence or that of its employees, agents or sub-contractors.
- The entire liability of eckhoMedia to the client in respect of any claim whatsoever or breach of this agreement, whether or not arising out of negligence, shall be limited to the charges paid for the services under this agreement in respect of which the breach has arisen.
- In no event shall eckhoMedia be liable to the client for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or eckhoMedia had been made aware of the possibility of the client incurring such a loss.
13. Term and Termination
- This agreement will become effective on the date the service is commenced and shall continue until terminated by either party or in writing by giving at least 30 days’ notice of intention to terminate the agreement.
- eckhoMedia shall have the right to terminate this agreement with immediate effect by serving notice in writing to the client if the client fails to make any payment when it becomes due.
- eckhoMedia shall have the right to terminate this agreement by serving notice in writing to the client that the agreement will not be renewed at the next renewal or expiry date.
- Either party may terminate this agreement forthwith by notice in writhing to the other if:
- The other party commits a material breach of this agreement and, in the case of a breach capable or being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so, or:
- The other party commits a material breach of this agreement which cannot be remedied under any circumstances; or:
- The other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
- The other party ceases to carry on its business or substantially the whole of its business; or
- The other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
- Any rights to terminate this agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this agreement as at the date of termination.
- On termination all webspace and email data held in the client’s account will be deleted. Billing and other administrative records will be retained in-line with current legislation.
- eckhoMedia may assign or otherwise transfer this agreement at any time.
- The client may not assign or otherwise transfer this agreement or any part of it without eckhoMedia prior written consent.
15. Force Majeure
- Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
- If any provision of this agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
- Any notice to be given by either party to the other may be sent by either email or post to the address of the other party as appearing in this agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, or if sent by post shall be deemed to be served 2 days following the date of posting.
18. Entire Agreement
- This agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This agreement may be updated without notice.
19. Governing Law and Jurisdiction
- This agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
20. Domain Name Registration
- Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it eckhoMedia will provide a full refund for that domain name.
- For domain names that we manage we will automatically re-register for the client on the client’s behalf and the cost of the domain registration will be invoiced to the client.
- If a client no longer requires a domain name, the client must notify eckhoMedia in writing at least 30 days prior to renewal otherwise renewal fees will still be incurred.
- eckhoMedia are not directly responsible for client programming issues other than ensuring that programming languages such as PHP are installed and functioning on the server environment.
- To protect your privacy eckhoMedia will not distribute your details to third parties, unless required to do so by law.
- eckhoMedia will from time to time use your email address to send you correspondence associated with your services or to update clients on essential information.
23. Data Transfer
- Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be upgraded to an account that has more data transfer included, or an average charge applied to your account for the amount of data transfer used.
- Web hosting accounts are prohibited from hosting file distribution websites, adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.
24. Server Usage
- Should your account use more than 5% or the servers processing power and as a result have a detrimental effect on other customers eckhoMedia will discuss with you an alternative solution for your hosting service.
25. Email Newsletter
- eckhoMedia communicates with its customers via email and as such you agree to receive by email our regular newsletter which contains amongst other things changes to our terms and conditions, notifications of major changes, updates to our products and features as well as special offers.
26. Webspace Usage
- Webspace is available for genuine website content and website databases, content must be linked into web pages. Clients are prohibited from using the server as a file/backup repository. Clients are expected to employ good housekeeping when maintain their account and to ensure that any software is kept up to date with security patches and apply when needed.
27. Email Accounts
- Email accounts that have not been accessed for 100 days or more will be removed from the email system.
- It is the client’s responsibility to ensure reasonable housekeeping of their email account which includes clearing out Spam and emptying Trash folders.
- Email accounts should not be used by the client to send large mail attachments, when this is required file transfer services should be used as an alternative to ensure integrity of client’s email data.
- We do not setup or create email forwarders to third party email providers like Hotmail, Gmail or Aol. This is to ensure a safe, secure and problem free hosting service to all clients.
28. Joint Venture or Partnership
- Nothing in this agreement shall be construed as creating a partnership, joint venture or an agency relationship between the parties and neither party shall have the authority or power to bind the other party or to contract in the name of us or create a liability against the other party.