TERMS AND CONDITIONS
Last Updated 01 January 2019
Terms and Conditions for the provision of Web Hosting services
- We aim to set up Website Hosting within twenty (20) minutes of receiving your order and will send you an email to advise you of your user name, password and other information to the email address supplied at the time of order.
- You acknowledge that unless otherwise agreed in writing with us, any set up time (“delivery date”) we give to you is a guideline only and we do not guarantee that it will be met.
- If you reasonably believe that the service delivered to you on the actual delivery date does not meet the specifications, you must notify us of this within ten (10) working days of the delivery, and we will then use all reasonable endeavours to resolve the issue within ten (10) working days. “Working Day” shall mean a day falling on a Monday to Friday which is not a bank or public holiday.
- If you do not notify us of any failure within ten (10) Working Days of delivery or, where we have carried out remedial work pursuant within ten (10) Working Days of us completing that remedial work (as notified to you by us), you will be deemed to have accepted the service as delivered.
- We reserve the right to amend the service, at any time, provided that this amendment does not materially detrimentally affect the service.
- We may occasionally impose limits on your storage space or data activity if we impose any limits, we will give you twenty-four (24) hours advance notice of any limits by email.
- You hereby acknowledge that you will never physically access the servers and platforms and you will not be provided with any equipment or device.
- You are responsible for ensuring that your bandwidth does not exceed the allowances set as part of your package/service.
- If your bandwidth either exceeds the allowance set as part of your package/service or reaches the point where it has an adverse effect on other customers, we reserve the right to:
- Disable your site, without prior notice, until you can reduce your bandwidth usage; or
- Charge you for excess bandwidth usage, over and above your package allowance, as published by us from time to time.
- Storage Capacity
- Each package/service is allotted an aggregated storage capacity initially equal to the total storage capacity of all the mailboxes of that account and website files.
- You hereby accept that the sole purpose of the Web Hosting service is the hosting of website files on our servers and platforms. You acknowledge that it is strictly forbidden to use the storage capacity allotted for any other purpose, such as, but not limited to, for the storage, backup, or archive of electronic files, documents, log files etc. We reserve the right to suspend the services and/or to cancel the Contract in such case.
- Whilst with some Web Hosting services we offer Limited / Unlimited storage and we do limit or not limit the amount of storage your site can use, this still needs to comply withAcceptable Use Policy. Should your storage usage present a risk to the stability, performance or uplift of our servers or have an adverse effect on other customers we will notify you via email and you may be required to upgrade to a Virtual Private Server or Dedicated Server or we may restrict the resources your website is using.
- We try to ensure server security and integrity of data at all times. However, despite our efforts, issues may occasionally arise which are beyond our reasonable control. Where an issue does arise with a specific service, we will use all reasonable efforts to resolve the problem. However, we do not guarantee that we can restore any lost or corrupted data and we will have no liability for the loss or corruption of any data. It is your responsibility to ensure that you back up your data as necessary for you.
- We scan all files on upload via FTP. While we do our best to block infected files, we cannot guarantee that we will prevent all infected files from being uploaded. We cannot be held liable for any virus infections caused by visits to your site.
- Your obligations
- You must notify us if you become aware of any unauthorised use of all or any part of the Website Hosting.
- You will maintain and keep confidential all user names and passwords and not disclose them to any unauthorised party. If you have any reason to believe that any such confidential information has become known to an unauthorised party, you should inform us immediately by contacting our Customer Care team.
- You undertake to allow us access at all reasonable times to perform maintenance or other actions necessary to ensure continued access to the Internet.
- You will be liable for all activities or charges and associated costs resulting from use of the service whether or not authorised by you and you acknowledge that we will not be liable for any loss of data or confidential information or other damage arising from such use.
- You represent that you have sufficient technical knowledge to enable you to make use of the service. You also represent that you know the nature of shared hosting and notably that the servers and platforms are shared with other customers.
- Failure to comply with any of your obligations as set forth herein or any use of the Web Hosting services for illegal purposes or if the use of the services by you or by any party harms or affects the servers, platforms, quality of service or networks of OnlineHostingSolutions, other customers or third parties, we reserve the right to suspend the services, even without prior notification, and possibly cancel the contract. You remain solely responsible for the suspension and/or the cancellation of the services and for any direct and indirect consequences that may arise. You formally accept that no refund, voucher, or any other type of compensation will be issued in case of suspension and/or cancellation.
- You acknowledge that you have sole responsibility and liability for the design and maintenance of the website and for ensuring that it does not infringe the intellectual property or other rights of any third party and is not illegal. You are responsible for securing your website and for making sure your files, scripts and any other elements are up-to-date, safe and secure at all times.
- You acknowledge that we have no control over any content placed on your website (either by yourself or by website visitors) and that we do not purport to monitor your website content or software. Without prejudice to our rights of termination in theTerms and Conditions, we retain the right without liability of any kind, but shall not under any circumstances be obliged, to immediately and without prior notice to you, remove content or software from your website, or suspend the service, where we become aware or reasonably suspect that such content or software constitutes illegal (including defamatory) material, infringes the intellectual property, or other rights, of any third party, or is in breach of our Acceptable Use Policy.
- We do not guarantee the proper delivery of any email message or other data once it has left the confines of our network, and similarly we do not guarantee that data traffic will be delivered or that its contents will be held secure once it passes out of our control.
- Where we supply third party equipment, software or applications, our responsibilities are limited to the level of warranty provided by the third party.
TERMS AND CONDITIONS FOR THE PROVISION OF EMAIL SERVICES AND WEBMAIL SERVICES.
- Each mailbox has a storage quota. This may be by reference to the number of emails held, the size of attachments, or other methods we may specify. This is in place to protect your account and other accounts from potentially large volumes of email sent to a single address that could materially affect the email system server. It is your responsibility to ensure that your mailbox does not reach its allocated level. We will not be liable for any email lost due to full mailboxes.
- We may occasionally need to change these limits either for operational reasons, or because we reasonably believe you have not been using the services in accordance with ourAcceptable Use Policy. If we do so, we will endeavour to give you twenty-one (21) days advance notice of the new limits by email and after that notice expires, we may refuse to accept material and/or remove materials which exceed the relevant limits. Your emails will be stored on our clustered mail services until they are removed from our server.
- In the event that you exceed your quota then we reserve the right, by written notice to request that you upgrade to an Email or Web Hosting product with a high quota or, where the maximum quota allowable has been reached, to delete the content in excess of the quota.
- We reserve the right to suspend your services if the request made in Clause 1(c) above is not actioned.
- It is your responsibility to keep your password confidential and to change the password on a regular basis. We will not be liable for any data losses or security issues due to stolen or insecure passwords.
- Service availability
- We monitor the mail platform as a whole but do not monitor individual mailboxes. The server uses SMTP (“Simple Mail Transfer Protocol”), a “store and forward” email protocol, to receive incoming and deliver outbound messages. By default, the mail platform attempts to deliver messages on a regular basis. If delivery is not achieved within twelve (12) hours, a delay notification is emailed to the sender. If delivery is not achieved within four (4) days, the message is returned to the sender.
- We may limit or deny access to the services and our Email and Web Hosting systems in the event that, in our sole judgement, such action is required to prevent damage to our or our third party provider’s networks (including but not limited to software and stored date) or to ensure the integrity or security of the network.
- Storage Capacity
- Each account is allotted an aggregated storage capacity initially equal to the total storage capacity of all the mailboxes of that account.
- We try to ensure mailbox security and integrity of data at all times. However, despite our efforts, problems may occasionally arise. Where a problem does arise with a specific mailbox, it is your responsibility to inform us of this via yourOnline Control Panel or by contacting our Customer Care team. We will use reasonable efforts to resolve the problem. However, we do not guarantee that we can restore any lost or corrupted data and we will have no liability for the loss or corruption of any data. It is your responsibility to ensure that you back up your data as necessary for you.
- We provide anti-virus and anti-spam services for incoming email. This service can be enabled and configured via the emailOnline Control Panel. While we do our best to remove all viruses and spam, we cannot guarantee that we will catch them all nor that no virus will reach your computer. We also cannot guarantee that non-spam messages will never be marked as spam.
- Ownership of data and indemnity
- All data created or stored by you within our applications and servers is your property.
- We will allow access to such data only by our authorised personnel.
- You will indemnify us and keep us indemnified against any claim, loss or damage in respect of any web server content, email content or any other data contained within your server space or within applications on our servers.
- Use of email account
- If we identify a mailbox or Domain Name that is transmitting illegal, offensive, abusive, derogatory, defamatory, obscene or infected content, or for the purposes of sending bulk or unsolicited emails, or being used contrary to ourAcceptable Use Policy, or otherwise causing problems, we will either remove the offending mailboxes or change their settings to resolve the issue. In certain cases, we will, at our discretion, disable email or suspend all services to the domain as appropriate.
- On termination for any reason, we will cease providing the services and your mailboxes will be deleted.
- If the termination is during the minimum term you will be liable to pay us the charges that would have arisen from the date of termination till the expiry of the minimum term.
- Remedies and Limitations
- Our total liability in relation to the Email and Web Hosting services whether, in respect of any breach of this Schedule, negligence, any act or omission on our part, whether intentional or otherwise, shall be limited to the total fees paid by you to us in the twelve (12) months preceding the event giving rise to liability for the Email and Web Hosting services.
- We accept no responsibility for any delay, lack of connection, slow connection, loss of data, loss of usability, or any similar or related issues due to, but not limited to any of the following: (i) the active or passive negligence, of us, you or any third party; (ii) downtime due to scheduled or emergency maintenance; (iii) an upgrade, downgrade or alteration to the services; (iv) any hard failure (including issues caused by other users on the hardware); (v) your systems incompatibility with the services; or (vi) your error.
Terms and conditions for the provision of SSL Services.
This Schedule is accepted in conjunction with our Terms and Conditions and relates to the sale and provision of SSL Certificates through us.
You acknowledge and accept that for the provision of SSL Certificates we act only as a reseller of External Providers, Symantec, Lets Encrypt and Global Sign as specified below, and you accept the obligations contained in the following external Provider agreements:
Lets Encrypt: https://letsencrypt.org/documents/2017.11.15-LE-SA-v1.2.pdf
The Service gives you use of an SSL Certificate, which consists of a key pair as well as verified identification information. When a web browser (or customer) points to a secured website, the server shares the public key with you to establish an encryption method and a unique session key. You confirm that you recognise and trust the issuer of the SSL Certificate. This process is known as the “SSL handshake” and it begins a secure session that protects message privacy, message integrity, and server security.
In this Schedule:
- “Certificate Application” means your application for an SSL certificate which must be accepted by the External Providers, using Our order process.
- “External Providers” means the third-party providers, Symantec, Lets Encrypt and Global Sign who provide the SSL service that we resell and with whom you are also contracting by choosing this product.
- “Minimum Term” means the minimum amount of time that you may purchase the Product for after the order has been accepted.
- “Certificate” means SSL Services provided by External Providers and available for purchase from us.
- “Services” means the provision and sale of SSL Certificates and accompanying information.
- Your order must be submitted to us using either the online order form or through one of our representatives. The Services must be used in respect of a registered Domain Name.
- If we accept your order, the processing of your request will start immediately.
- We will perform the authentication procedures for the Certificate that you have requested, upon receipt of the applicable payment, and subsequently process any Certificate Application.
- Upon approval of the Certificate Application, prior to the issuance of the Certificate, you must submit a Certificate Signing Request (“CSR”) in a format specified by us. If we do not receive a CSR within twelve (12) months from the day the Certificate Application is approved and a Product is otherwise ready for issuance, the Certificate Application approval will automatically expire.
- You must review the information in the Certificate and promptly notify us of any errors. Upon receipt of such notice, we may revoke the Certificate and issue a corrected Certificate.
- Services and charges
- Details of our products, prices and full services can be found on our website at https://onlinehostingsolution.co.uk/clientarea/store/ssl-certificates
- The contract for the Certificate will be for a period of time dependant on the Minimum Term chosen, starting at the time the order is accepted. The Minimum Term will expire unless it is renewed for a subsequent period. This is subject to the provisions for early termination set out in the Terms and Conditions.
- Consequences of termination
- On termination for any reason, we will cease to provide the Services and your Certificates will be deleted.
- If you terminate the Services during the Minimum Term, you will be liable to pay us the charges that would have arisen from the date of termination until the expiry of the Minimum Term.
- Ownership of data and indemnity
- All data created or stored by you within our applications and servers is your property.
- We will allow access to such data only by our authorised personnel.
- You will indemnify us and keep us indemnified against any claim, loss or damage in respect of any content, email content or any other data contained within your Products.
- Use of Certificates
- You represent and warrant that you have the necessary rights to any data, software programs or services that you use in connection with your access or use of the Certificates and that such activities do not infringe the intellectual property or other proprietary rights of any third party.
- You agree to access and use the Certificates:
- Without violating the rights of any third party or purporting to subject us or External Providers to any other obligations to you or any third party, and
- Solely in a manner that complies with all applicable laws and regulations.
- We will provide support to you for use of the Certificates and you will not receive customer support from External Providers.
- Agreement to Terms
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Online Hosting Solution, located at 4 Collage Avenue, Belfast, CO Antrim BT1 6BD United Kingdom (we, us), concerning your access to and use of the My Great New Website / App (https://onlinehostingsolution.com) website as well as any related applications (the Site).
The Site provides the following services: Website Hosting Provider wir Digital Services such, Website development, web-hosting, Mobile platform development…etc (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
1.4 We may update or change the Site from time to time to reflect changes to our products, our users’ needs and/or our business priorities.
1.5 Our site is directed to people residing in United Kingdom. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.6 The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
1.7 Additional policies which also apply to your use of the Site include:
- Our Privacy Notice https://onlinehostingsolution.com/terms-and-conditions/, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
- Our Acceptable Use Policyhttps://onlinehostingsolution.com/privacy-notice/, which sets out the permitted uses and prohibited uses of the Site. When using the Site, you must comply with this Acceptable Use Policy.
- If you purchaseservices, and/or digital goodsfrom the Site, our terms and conditions of supply https://onlinehostingsolution.com/terms-and-conditions/will apply to thesales and use.
- Certain parts of this Site can be used only on payment of a fee.If you wish to use such Services, you will, in addition to our Terms and Conditions, also be subject to our Terms and conditions of supply https://onlinehostingsolution.com/terms-and-conditions/.
- Acceptable Use
2.1 Our full Acceptable Use Policy https://onlinehostingsolution.com/privacy-notice/, sets out all the permitted uses and prohibited uses of this site.
2.2 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
2.3 As a user of this Site, you agree not to:
- Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses
- Use a buying agent or purchasing agent to make purchases on the Site
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
- Engage in unauthorized framing of or linking to the Site
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
- Make improper use of our support services, or submit false reports of abuse or misconduct
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
- Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
- Attempt to impersonate another user or person, or use the username of another user
- Sell or otherwise transfer your profile
- Use any information obtained from the Site in order to harass, abuse, or harm another person
- Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
- Attempt to access any portions of the Site that you are restricted from accessing
- Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
- Delete the copyright or other proprietary rights notice from any of the content
- Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
- Use the Site in a manner inconsistent with any applicable laws or regulations
- Threaten users with negative feedback or offering services solely to give positive feedback to users
- Misrepresent experience, skills, or information about a User
- Advertise products or services not intended by us
- Use the Site to advertise or sell goods and services
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
- Falsely implying a relationship with us or another company with whom you do not have a relationship
- Information you provide to us
3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at email@example.com.
3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.
- Content you provide to us
4.1 There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.
4.2 You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you.
4.3 In posting User Content, including reviews or making contact with other users of the Site you shall comply with our Acceptable Use Policy https://onlinehostingsolution.com/privacy-notice/.
4.4 You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
4.5 We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy.
4.6 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values
4.7 If you wish to complain about User Content uploaded by other users please contact us firstname.lastname@example.org use the take down or report button.
- Our content
5.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.
5.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
5.3 Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
5.4 You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
5.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.
5.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
5.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on is accurate, complete or up to date.
- Site Management
6.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions;(4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
6.2 We do not guarantee that the Site will be secure or free from bugs or viruses.
6.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.
- Modifications to and availability of the Site
7.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
7.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services.We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
7.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
- Disclaimer/Limitation of Liability
8.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions, all warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the Site’s content are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
8.2 Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.
Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of £5000 or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any cause of action arising. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply https://onlinehostingsolution.com/terms-and-conditions/.
If you are a business user:
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Site/Services; or
- use of or reliance on any content displayed on our Site.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
- Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- you have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
- Term and Termination
9.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at email@example.com.
9.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or deleteyour profile andany content or information that you posted at any time, without warning, in our sole discretion.
9.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
- Mobile Application
10.1 If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.
10.2 For business users only– You will not:
(a) reverse engineer, decompile or otherwise try to discover the source code of the software/application unless you have first written to us requesting interoperability information and we have failed to provide you with that information or if we have failed to offer to provide you with interoperability information on reasonable conditions”;
(b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application;
(c) breach any applicable laws, rules or regulations in connection with your access or use of the application;
(d) remove, alter or obscure any proprietary notice (including any notice of copyright or trade mark) posted by us or the licensors of the application;
(e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
(h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
(i) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
10.3 The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services:
(a) the licence granted to you for our mobile application is limited to a non-transferable licence to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service;
(b) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
(c) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(d) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
(e) you must comply with applicable third party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application; and
(f) you acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.
11.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site.You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
11.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.
11.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
11.4 We may assign any or all of our rights and obligations to others at any time.
11.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
11.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
11.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
11.8 For consumers only – Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction expect that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you have any complaint or wish to raise a dispute under these Terms and Conditions or otherwise in relation to the Site please follow this linkhttp://ec.europa.eu/odr
11.9 For business users only– If you are a business user, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English Law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
11.10 Except as stated under the Mobile Application section, a person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
11.11 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at firstname.lastname@example.org or by post to:
Online Hosting Solution
4 Collage Avenue
Belfast, CO Antrim