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Website Hosting Terms of Service

These are our website hosting Terms of Service, please read very carefully.

You indicate acceptance of these terms and conditions of service by placing an order with Inception Web Hosting. These terms and conditions will not be varied for individual customers.

Last updated: 30th July 2012.

  1. DEFINITIONS
    1. In this Agreement the following words and expressions shall have the following meanings:
      1. "downtime" means any service interruption in the availability to visitors of the Website, excluding site deactivation after non-payment of renewal fees;
      2. "intellectual property rights" means patents, trade marks, 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, whether registrable or not in any country;
      3. "IP address" stands for internet protocol address which is the numeric address for the server;
      4. "ISP" stands for internet service provider;
      5. "server" means the computer server equipment operated by Inception Web Hosting in connection with the provision of the Services;
      6. "the Services" means web hosting, domain name registration, email and any other services or facilities provided by Inception Web Hosting.
      7. "spam" means sending unsolicited and/or bulk emails;
      8. "virus" means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "trojan horses";
      9. "visitor" means a third party who has accessed the Website;
    2. Product specifications and details may be found at www.inceptionwebhosting.co.uk.
    3. Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
    4. The headings of the paragraphs of 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.
  2. INTRODUCTION
    1. The Customer wishes to provide Inception Web Hosting with data that will be hosted on Inception Web Hosting servers and made accessible via the Internet.
    2. Inception Web Hosting provides web hosting services and has agreed to host the Customer's data upon the following terms and conditions.
    3. Inception Web Hosting is run by Inception Design as additional services provided by our web design services. Full contact details are available here.
    4. The minimum duration of the contract/agreement to provide Web Hosting facilities is 1 month (1 x monthly payment).
    5. The customer can usually expect to receive their active Web Hosting within 30 minutes of us receiving payment. Web Hosting is set up using a computer process, however, if any technical issues occurs then this may be extended to 96 hours.
    6. We provide support to customers, based in the United Kingdom, via the account management area http://www.inceptionwebhosting.co.uk/account/.
  3. DUTIES
    1. Inception Web Hosting shall provide to the Customer the Services specified in their order subject to the following terms and conditions.
    2. The Customer shall deliver to Inception Web Hosting the website and the software used in the website which is owned by the Customer, or licenced to him by a third party or Inception Web Hosting ("the Customer Software), in a format specified by Inception Web Hosting.
  4. CHARGES, PAYMENT, MONEY-BACK GUARANTEES AND RENEWALS
    1. Payment methods include the external payment processors Paypal, cheques made payable to “Inception Design” or Bacs to “Inception Design” bank account
    2. The Customer shall deliver to Inception Web Hosting the website and the software used in the website which is owned by the Customer, or licenced to him by a third party or Inception Web Hosting ("the Customer Software), in a format specified by Inception Web Hosting.
    3. The Charges are inclusive of VAT.
    4. Inception Web Hosting shall be entitled to charge an administration charge in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 10GBP.
    5. Should your account exceed the limits set upon it, your account may be suspended. Upon deactivation we will contact you with regards to the options available to you. Should the customer choose to upgrade their web hosting, they should contact us by raising a ticket through their account within 7 days. Once payment has occurred, the account will be re-enabled. Should the hosting account not be paid for, it will be deleted as set in our “Deactivated accounts” section below.
    6. Inception Web Hosting provide "Money-Back Guarantees" on certain products. Should the Customer's product qualify for this guarantee they should contact us by raising a ticket through their account within 14 days of placing the order to receive a full refund. This guarantee excludes add-ons which may not be cancelled once ordered due to supplier policies. Customers are limited to using the money-back guarantee once.
    7. Pro-rata refunds will not be issued for yearly services that are cancelled before then end of the year.
    8. Should your chosen payment method fail Inception Web Hosting will contact you to settle your invoice before creating hosting accounts.
    9. Inception Web Hosting emails the customer's primary email address 30 days prior to renewal of services to allow adequate notification of the need for renewal of service. Cleared payment must be received in order for services to remain active. Late payment and suspension notices are sent to the customer's primary email address 2, 14, 28 days after the renewal date. If payment is not recieved after 30 days past the renewal date then the hosting account will be removed from our system. Inception Web Hosting is not responsible for services being unavailable when a customer has not followed these renewal guidelines.
  5. IP ADDRESSES
    1. Inception Web Hosting shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.
    2. Where Invisional Hosting changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.
  6. SOFTWARE LICENCE AND RIGHTS
    1. If the Customer requires use of software owned by or licenced to Inception Web Hosting ("Inception Web Hosting’s software") in order to use the Services, Inception Web Hosting grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use Inception Web Hosting 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 to the Customer any right, title, interest or intellectual property rights in Inception Web Hosting Software.
    2. In relation to Inception Web Hosting's obligations under this Agreement in connection with the provision of the Services, the Customer grants to Inception Web Hosting a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to Inception Web Hosting any right, title, interest or intellectual property rights in the Customer Software or the Content.
    3. The Customer undertakes that he will not himself or through any third party, sell, lease, licence or sublicence Inception Web Hosting’s Software.
    4. Inception Web Hosting may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, Inception Web Hosting shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.
  7. SERVICE LEVELS AND DATA BACKUP
    1. Inception Web Hosting shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, Inception Web Hosting makes no warranties or representations that the Service will be uninterrupted or error-free and Inception Web Hosting shall not, in any event, be liable for interruptions of Service or downtime of the server.
    2. Inception Web Hosting carries out data backups for use by Inception Web Hosting in the event of systems failure. Inception Web Hosting do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Inception Web Hosting accepts no responsibility for data loss or corruption.
  8. ACCEPTABLE USE POLICY
    1. 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 Customer agrees not to:
      1. use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
      2. send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
      3. publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licenced software distributed as Warez), via the Services or on the Website;
      4. threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
      5. engage in illegal or unlawful activities through the Services or via the Website;
      6. make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or
      7. obtain or attempt to obtain access, through whatever means, to areas of Inception Web Hosting's network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
      8. operate or attempt to operate IRC bots or other permanent server processes.
      9. No script or piece of software may use 25% or more of system resources for 60 seconds or longer.
      10. No user may have above 5,000 opened files at any moment (the limit does not apply to overall number of existing files, owned by the user).
      11. The number of emails sent from all email accounts at the same domain name cannot be more than 200 per hour.
      12. Running stand-alone, unattached server side processes/deamons is strictly prohibited
      13. Running any type of web spider / indexer (Google Cash / Ad Spy) is strictly prohibited
      14. Running any bit-torrent / P2P application is strictly prohibited
      15. Running cron scripts with intervals of less than 15 minutes, or setting up more than 5 simultaneous cron jobs is strictly prohibited
      16. Running of public file exchange services is strictly prohibited
      17. ADULT CONTENT IS STRICTLY PROHIBITED
    2. The Customer has full responsibility for the content of the Website. For the avoidance of doubt, Inception Web Hosting is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
    3. If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 Inception Web Hosting shall be entitled to withdraw the Services and terminate the Customer's account without notice.
  9. ALTERATIONS AND UPDATES

    All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform Inception Web Hosting and the password will be changed.

  10. WARRANTIES
    1. The Customer warrants and represents to Inception Web Hosting that Inception Web Hosting's use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to licence the Content and the Customer Software to Inception Web Hosting as set out in Clause 6.2.
    2. All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute 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, Inception Web Hosting shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.
  11. INDEMNITY

    The Customer agrees to indemnify and hold Inception Web Hosting 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 Inception Web Hosting arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.

  12. LIMITATION OF LIABILITY
    1. Nothing in these terms and conditions shall exclude or limit Inception Web Hosting's liability for death or personal injury resulting from Inception Web Hosting's negligence or that of its employees, agents or sub-contractors.
    2. The entire liability of Inception Web Hosting to the Customer 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.
    3. In no event shall Inception Web Hosting be liable to the Customer 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 Inception Web Hosting had been made aware of the possibility of the Customer incurring such a loss.
  13. TERM AND TERMINATION
    1. This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.
    2. Inception Web Hosting shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.
    3. Either party may terminate this Agreement forthwith by notice in writing to the other if:
      1. the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
      2. the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
      3. 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
      4. the other party ceases to carry on its business or substantially the whole of its business; or
      5. 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.
    4. 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.
    5. On termination all data held in the customers account will be deleted.
  14. ASSIGNMENT
    1. Inception Web Hosting may assign or otherwise transfer this Agreement at any time.
    2. The Customer may not assign or otherwise transfer this Agreement or any part of it without Inception Web Hosting's 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.

  16. SEVERANCE

    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.

  17. NOTICES

    Any notice to be given by either party to the other may be sent by either email or recorded delivery 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 recorded delivery 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. HOSTING PACKAGES

    It is a legal requirement that we keep accurate and up-to-date information about our customers. You must make sure that the information held about you in your Customer Account (at http://www.inceptionwebhosting.co.uk/billing) is up to date and accurate. You must specify information such as name, telephone number, full postal address including postcode, and email address. The information you provide at the time of placing your order must also be accurate. If it is not, your services may be suspended without notice.

  21. SCRIPTING
    1. Inception Web Hosting is not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP are installed and functioning on the web hosting system.
    2. We do not allow any WordPress caching modules on our shared hosting services. WordPress caching modules continually cause server overload problems which will result in your account being suspended.
  22. COOKIES

    We use a technology called "cookies" as part of a normal business procedure to allow you to login. A cookie is an element of data that our customer area sends to your web browser which is then stored on your system. Our website also uses third party cookies from Google to track visitors to this website for our own management and reporting purposes and to display map information. This information is anonymous and cannot be linked to one individual. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. We do not use any other type of cookie and do not send information to other websites or record your visit so advertising on other websites is more relevant to you.

  23. PRIVACY
    1. To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
    2. Inception Web Hosting is committed to protecting your privacy and maintaining the security of any personal information received from you. We strictly adhere to the requirements of data protection legislation in the UK. The purpose of this statement is to explain to you what personal information we collect and how we may use it.
    3. When you order, we need to know your name, address, phone number, email address and payment details. This allows us to process and fulfil your order. You have the option to withhold personal information that is not actually required for the order process.
    4. Inception Web Hosting offer a great value service, by using our service you agree that we will use your personal information to update you about service updates and new products/services.
    5. We do not sell, rent or exchange your personal information with any third party for commercial reasons, beyond the essential requirement for credit/debit card validation during purchase.
    6. We follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access in accordance with UK data protection legislation. We do not collect sensitive information about you except when you specifically and knowingly provide it. In order to maintain the accuracy of our database, you can check, update or remove your personal details by accessing the Account Management Area by visiting https://www.inceptionwebhosting.co.uk/account/.
    7. In order to process credit/debit card transactions, the bank or card processing agency may require to verify your personal details.
    8. Inception Web Hosting does not hold any financial credential information on our system. Financial credential informaion is managed by our Payment Gateway providers PayPal. A number of companies use these providers to hold such information.
  24. TECHNICAL SUPPORT

    We provide support through the Account Management Area https://www.inceptionwebhosting.co.uk/account/ and aim to respond to queries as soon as possible during business hours, 9am to 5pm through Monday to Friday. If a support request is submitted in the evening or weekend it will be responded to on the next business day.

  25. DATA TRANSFER
    1. Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your hosting account will be suspended. We will send you an email outlining the options available to you.
    2. Web hosting accounts are prohibited from hosting 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.
  26. WEBSPACE USAGE
    1. As per the packages specifications, web space is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account.
    2. 90% or more of your content on your website must be linked from an HTML or similarly coded web page where all content is freely available to the public. Your website consists of web pages of a standard design, essentially HTML based text and graphics. Downloadable files, media, streaming content or any file which consumes more than 500kb of space must not exceed 10% of your total used disk quota.
  27. DEACTIVATED ACCOUNTS

    When a web hosting account is deactivated, either through non-renewal of service or violaton of our Terms of Service, you agree that after 30 days this account may be deleted from the system without notice.

  28. DISCLAIMER

    Inception Web Hosting will not be responsible for any damages your business may suffer, Inception Web Hosting makes no warranties of any kind, expressed or implied for services we provide. Inception Web Hosting disclaims any warranter merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, viruses and any and all service interruptions caused by Inception Web Hosting and its employees.