Terms of Hosting with Web Work

TERMS OF SERVICE
Web Work provide Web Site hosting. Web Work reserves the right to suspend or cancel a customer's access to any or all services provided by Web Work when Web Work decides that the account has been inappropriately used or otherwise.

SERVER USE
Web Hosting accounts are to be used by the primary owner only. Account holders are not permitted resell, store or give away web hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads.

Web Work reserves the right to refuse service and / or access to its servers to anyone.

Web Work do not allow any of the following content to be stored on its servers:
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.

Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Web Work.

Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

UNLIMITED USE POLICY
High bandwidth usage: Web Work offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, Web Work may find a customer to be using server resources to such an extent that he or she may jeopardise server performance and resources for other customers. In such instances, Web Work reserves the right to impose the High Resource User Policy for the consideration of all customers.

HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization.

Web Work may implement the following policy to its sole discretion:

When a website is found to be monopolising the resources available Web Work reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby Web Work continues hosting the website for an additional fee.

CANCELLATION AND REFUNDS
Web Work reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of payment. If a customer contravenes Web Work's terms of service a refund will not be issued in the event of a cancellation.

INDEMNIFICATION
The Customer agrees that it shall defend, indemnify, save and hold Web Work harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Web Work, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Web Work against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Web Work's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Web Work's server.

DISCLAIMER
Web Work will not be responsible for any damages your business may suffer. Web Work makes no warranties of any kind, expressed or implied for services we provide. Web Work disclaims any warranty or merchant ability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, server downtime and all service interruptions caused by Web Work and its employees. Web Work reserves the right to revise its policies at any time.

The SERVICE LEVEL AGREEMENT ( Shared Server Hosting) can be found by following this link.

Domain Name Registration Terms

1.WHAT WE WILL DO
Upon Web Work receipt of domain name registration information from you, Web Work shall submit the information via UKReg to the registry administrator for the appropriate top-level domain for approval and processing. The registry administrator then puts into effect the domain name registration. Network Solutions, Inc. currently acts as the registry administrator for the .com, .org, and .net top-level domains. Nominet UK acts as the registry administrator for the .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains.

You agree that Web Work does not guarantee to register any name whether or not it appears to be available for registration.

2. FEES

As consideration for Web Work providing domain name registration services to you, you agree to pay Web Work, prior to the approval of the desired domain name registration, the amounts set forth in the Web Work Price Schedule, as amended from time to time, for the initial registration of the domain name and any subsequent renewals.

Your application will not be registered until Web Work receives actual payment of the registration fee.  If Web Work does register a domain name prior to payment of the registration fee, Web Work reserves the right to cancel that registration or restrict use of the domain name until payment has been received.  If we have to suspend services for non-payment, including domain name renewal, we charge a fee of £40.00 to reactivate them.

All fees must be prepaid and are non-refundable, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term.

In the event of a charge back by a credit card company or other payment provider authorized by Web Work, the domain name registration shall be transferred to Web Work as the paying entity for the registration.

We reserve the right to make an administration charge of £5 per domain where customers have attempted to register a domain name with other registrars.

3. CHANGES TO REGISTRATION AGREEMENT

You acknowledge and recognize that the domain name system and the practice of registering and administering domain names are continuously evolving, and acknowledge and agree that Web Work may modify this Agreement to adjust to changing business circumstances.

Your continued use of the registered domain name constitutes acceptance of this Agreement and amendments. If at any time, you do not agree to such changes, you agree that your sole remedy is to request that your domain name registration be cancelled or transferred to a different domain name registrar.

4. CONTACT WITH Web Work

You acknowledge and recognize that all contact with Web Work in the first instance should  be made via the online form available on our website here , or via e-mail.

You agree that Web Work is not obliged to offer telephone support as part of your agreement.

5. DOMAIN NAME REGISTRATION INFORMATION AND ITS USE

Information you are required to Submit

As part of the registration process, you are required to submit to Web Work and keep updated the following information in connection with your application for domain name registration:

(a) the domain name to be registered;
(b) the domain name holder's name and mailing address;
(c) the name, mailing address, email address, telephone number and fax number of the billing contact for the domain name.

Web Work will remain as the administrative contact for the domain for the duration that the domain is registered with Web Work.

You shall provide and maintain updated information at all times with Web Work. Web Work at its option may refuse to renew any registrations unless you maintain current and updated information at all times. To update any information you should e-mail hosting@on-line-solutions.co.uk

6.Obligations Relating to Data Provided by You

If in registering a domain name you provide information about a third party, you hereby represent that you have provided notice to and have obtained the express consent from the third party to the disclosure and use of the third party's information as set forth in this Agreement.

7.Disclosure and Use of Registration Information

You agree to authorize Web Work to provide any information to ICANN, the registry administrators and to other third parties as ICANN and applicable laws may require or permit. You acknowledge and agree Web Work may make publicly available, some or all of the domain registration information provided by you, for purposes of inspection such as through Web Work's WHOIS service, for targeted marketing, or for any other purpose as required or permitted by ICANN and applicable laws.

In addition, you acknowledge that ICANN may establish guidelines, limits and requirements that relate to the amount and type of information that Web Work may or must make available to the public or to private entities, and the manner in which such information is made available.

You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of information and updated from time to time provide in connection with registration of a domain name, whether during or after term of the registration of the domain name. You hereby irrevocably waive any and claims and causes of action you may have arising from such disclosure or use of the domain name registration information.

At registration you will be asked if you wish to 'OPT OUT' of the whois database -which will keep your information confidential and not make available to the public via a WHOIS search.

We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.

8. AGENTS AND LICENSES

You agree that in the event you register a domain name for another entity, you represent that you have the authority to bind that entity as a principal to all terms and conditions contained in this Agreement.

You acknowledge and agree that if you license the use of your registered domain name to a third party, you remain the domain name holder of record and remain responsible for all obligations under this Agreement, including payment obligations, and providing and updating your full contact information, and accurate technical, administrative, billing, and zone contact information adequate to facilitate timely Resolution of any problems that arise in connection with domain name and domain registration.

9. LIMITATION OF LIABILITY

You agree that Web Work shall, under no circumstances, be liable for any special, indirect, incidental, punitive, exemplary, or consequential damages resulting from loss of profits, arising out of or in connection with this Agreement, even if Web Work has been advised of the possibility of such damages, and in particular Web Work will not be liable for the following:

(a) suspension or loss of your domain registration;
(b) use of your domain name registration;
(c) interruption of your business;
(d) access delays or interruptions to any web sites accessed by your registered domain name;
(e) non-delivery, mis-delivery, corruption, destruction, or modification of data;
(f) events beyond the reasonable control of Web Work;
(g) processing of an application for domain name registration; or
(h) application of the Dispute Policy.

Web Work shall not, under any circumstances, be liable or responsible for any errors, omissions or other actions by the registry administrator arising out of or related to your application, receipt of, or failure to receive a domain name registration.

Web Work's maximum aggregate liability shall not exceed the greater of:

(a) the total amount paid by you for registration of the domain name; and
(b) £50.00 (UK Pounds).

You agree that we cannot guarantee to register any name whether or not it appears to be available for registration.Customers should wait for confirmation that a domain name has been successfully registered before proceeding to set up any further services reliant upon it.

10. INDEMNIFICATION OF Web Work

You agree to defend, indemnify and hold harmless Web Work including its employees, officers, representatives, agents and affiliates, from and against any claim, action, suit, demand, loss, damages, costs ( including reasonable legal fees, expert witness fees and expenses), or other proceeding related to or arising out of the registration or use of the domain name.

11. REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

(a) all information provided in connection with your domain name registration is accurate; and
(b) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party.

You acknowledge and agree that all domain name registration services provided to you by Web Work are provided on an "as is" basis. Web Work makes no representations or warranties of any kind, express or implied, in connection with this Agreement or its domain name registrations services, including but not limited to warranties of merchantability or fitness for a particular purpose. Web Work makes no representation or warranties of any kind that registrations or use of domain name under this Agreement will immunize you from challenges to the domain name registration or from suspension, cancellation, or transfer of the domain name to you.

Web Work can give no warranty that this name will not infringe the rights intellectual, copyright, trademark, trading name or otherwise - of a third party and you agree that you indemnify Web Work against such infringements.

12. BREACH AND REVOCATION

Web Work reserves the right to suspend, cancel, transfer or modify your domain name registration in the event that:

(a) you materially breach this Agreement;
(b) you use your registered domain name to send unsolicited commercial advertisements in contravention of applicable laws or customary acceptable usage policies of the Internet;
(c) you use your domain name in connection with unlawful activity; or
(d) grounds arise for such suspension, cancellation, transfer or other modification as provided in this Agreement.

You further acknowledge and agree that your domain name registration is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including Web Work) or registry administrator procedures approved by an ICANN-adopted policy, or by any other country code top-level domain registry administering procedures to correct mistakes by Web Work, another registrar or the registry administrator in administering the name or for the resolution of disputes concerning the domain name.

You also agree that Web Work shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as Web Work receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.

You acknowledge and agree that:

(a) providing inaccurate information;
(b) failing to update information promptly; or
(c) failing to respond to Web Work's inquiries concerning the acuracy of contact details within fifteen (15) calendar days of request;

shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.

13. OTHER TERMS AND CONDITIONS

Force Majeure. Web Work shall not be responsible for any failure to provide any service or perform any obligation because of any act of God, strike, work stoppage, governmental acts or directives, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond its reasonable control.

Non-Waiver. The failure of Web Work to require your performance provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Web Work of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

Survival. The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable not with standing termination of the Agreement for any reason. However, neither party shall be liable to other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms but each party shall be liable for any damage from any breach by it of this Agreement.

Notice. You agree that any notice or communications required or permitted to be delivered under this Agreement by Web Work to you shall be deemed to have been given if delivered by e-mail, overnight mail or United States mail in accordance with the contact information you have provided.

Governing Law. This Agreement shall be governed by the laws of the United Kingdom.

14. GENERAL

Amendment in Writing This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of Web Work

Relationship of the Parties. Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.

Joint and Several Obligations. If any party consists of more than one entity, their obligations here under are joint and several.

No Third Party Beneficiaries. This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.

Severability. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Web Work will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Web Work as reflected in the original provision.

Domain Renewals. To ensure your domains are not lost we operate a positive renewal system on all our domains - you will be notified in advance that your domain is about to expire and given the option to opt out of the renewal, if of any reason you do not contact us, then we will ensure your registration continues and automatically renew your domain. This is not refundable and it is your responsibility to ensure valid contact and payment details are with Web Work at all times - failure can lead to suspension.

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