Terms of Use

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Terms of Use

Terms of Use

Middlehaven Hosting ("us", "we" or "our") is committed to complying with applicable UK laws.

1.Definitions

1.1.Middlehaven Hosting: the company providing the service.
1.2.Services: Middlehaven Hosting is a Web Internet Service Provider. The aforementioned activities constitute basic services. Middlehaven Hosting also offer a range of Hosted products, domain names and security products.
1.3.Client: the natural person acting in a professional capacity or legal entity having entered into an agreement with Middlehaven Hosting.
1.4.Account: the online environment made available by Middlehaven Hosting for the purpose of enabling the Client to apply for, administer or configure Services. Amongst other channels, this environment can be accessed via the Website.
1.5.Agreement: the agreement between Middlehaven Hosting and Client by virtue of which Middlehaven Hosting will provide the Services, and of which these General Terms of Use are a part.
1.6.Website: www.middlehavenhosting.co.uk or any of its sub-domains and other domain extensions.
1.7.General Terms and Conditions: these terms and conditions.

2.Offer and acceptance

2.1.The Agreement between Middlehaven Hosting and the Client will take effect when the Client (1) creates an Account on the Website, (2) places an electronic order via his Account which is subsequently confirmed.
2.2.If an order can only be partially filled, the Client is expected to agree to a partial delivery.
2.3.The due amount will be specified on the Website and during the process of ordering via the Account. The description of the Services as featured on the Website or specified in the offer will be binding. Upon extending Services automatically or otherwise, Middlehaven Hosting will notify the Client of the rates applicable at that time.
2.4.Middlehaven Hosting may draw up an offer in which it specifies what the Service includes and what amount will be owed upon acceptance of the Agreement.
2.5.If the information provided by the Client proves to be incorrect, Middlehaven Hosting has the right to adjust the prices accordingly.
2.6.Middlehaven Hosting is entitled to refuse a Client at its own discretion without stating reasons.
2.7.The Agreement will take effect as soon as Middlehaven Hosting has received notification of acceptance by the Client.
2.8.In the event provisions in the Agreement or its appendices, or in these General Terms and Conditions are inconsistent with one another, the following order of rank applies:
2.8.1.the Agreement;
2.8.2.any Appendices;
2.8.3.any Service Level Agreement;
2.8.4.the General Terms and Conditions;
2.8.5.any supplementary conditions.

3.Performance of the Service

3.1.After the Agreement has been concluded, Middlehaven Hosting will perform the Services as soon as possible in accordance with the offer or electronic order.
3.2.To the extent it has not been otherwise agreed in writing, Middlehaven Hosting will guarantee that the Service will be performed to the best of its ability with due care and professional competence.
3.3.If and where required for the proper performance of the Agreement, Middlehaven Hosting has the right to have certain activities performed by third parties.
3.4.If the above forms part of the Services, Middlehaven Hosting will provide the Client with an administrative user name and a password. This data will offer the Client access to the Account.
3.5.Each action performed by means of the Client’s Account is deemed to take place under the risk and responsibility of the Client.
3.6.The Client must provide all details truthfully. Middlehaven Hosting is entitled to request that the Client provide proof of the details provided. If the Client cannot provide such proof or the details prove to be incorrect, Middlehaven Hosting is entitled to terminate its Agreement or Agreements with the Client with immediate effect and to delete the Client’s Account. The above will not require the intervention of a competent court.
3.7.Middlehaven Hosting has the right to take products and services out of use, temporarily or otherwise, and/or to limit their use, or to provide these only to a limited extent, or not at all, if the Client does not fulfil an obligation towards Middlehaven Hosting as stipulated in the Agreement or acts in breach of these Terms and Conditions.

4.Availability of the Service

4.1.Middlehaven Hosting will make every effort to ensure uninterrupted access to its systems and networks and to the data it has stored but is unable to offer any guarantees in this regard, unless otherwise agreed in the offer or electronic ordering procedure by means of a Service Level Agreement (SLA). To the extent not provided for otherwise in an applicable SLA, availability is subject to the provisions of this article.
4.2.Middlehaven Hosting will make every effort to keep the web server and other software it uses up to date.
4.3.Middlehaven Hosting will undertake to ensure that the Client can make use of the networks that are either directly or indirectly connected to the Middlehaven Hosting network. However, cannot guarantee that these (third-party) networks will be available at any time.
4.4.Middlehaven Hosting will make back-ups available to the Client, if this is offered as part of the Service. If this is not the case, the Client will be fully responsible for making back-ups of any data stored.

5.Data and privacy

5.1.The Client assures Middlehaven Hosting that all submitted information and data is accurate and complete. In the event of any modifications to the Account, the Client acknowledges that these modifications are complete, accurate and truthful. The Client acknowledges that the provision of inaccurate data may result in the immediate removal of the relevant service without any reimbursements.
5.2.Middlehaven Hosting will ensure an appropriate level of security considering the risks involved in processing the data to be protected and the nature thereof.
5.3.Middlehaven Hosting will also guarantee that all persons acting under its authority, to the extent they have access to personal data for which the Client is responsible, will only process such data on the instruction of the Client, subject to statutory obligations to the contrary.
5.4.Middlehaven Hosting will provide a detailed privacy policy to comply with all local law. This will detail how we store and managed client data.

6.Duration and end

6.1.The duration of Agreements may vary from one month to many years (starting on the order date), depending on the relevant product.
6.2.Middlehaven Hosting is entitled to terminate the Agreement with immediate effect if:
6.2.1.payments are revoked before the due amount can be collected
6.2.2.the Client violates the General Terms and Conditions;
6.2.3.applicable laws or regulations are violated;
6.2.4.any actions are performed that violate the General Terms and Conditions of the registration or its requirements.
In all the aforementioned cases, the Client will lose all its rights.
6.3.All cancellations, terminations and notifications must be submitted using the automated systems of Middlehaven Hosting.

7.Rates and payment

7.1.All prices are fully inclusive.
7.2.Rates for Middlehaven Hosting Services are published on the Website; these rates are subject to change without further notice.
7.3.Domain names extension rates exclusively apply to extensions that are being processed at the time; all future extensions will be charged against applicable rates on the day of extension.
7.4.If a registry and/or another supplier increases the prices for a specific extension or other product or service, Middlehaven Hosting is entitled to pass on this increase to the Client.
7.5.If the Agreement is a continuing performance agreement, Middlehaven Hosting has the right to change the rates applied at any time.
7.6.Payments are to be made via PayPal.
7.7.Services cannot be setup until payment has been received.
7.8.The Client agrees that it will lose all rights to service if the due charges are reversed by the bank or credit card company, in the event of proven credit card fraud or any other form of chargeback.
7.9.The Client agrees to electronic invoicing.
7.10.The costs of domain name registration & SSL certificates and other costs will not be refunded in the event that a contract is terminated after order completion.
7.11.The Client is responsible for ensuring that its payment method contains sufficient funds.
7.12.All full or partial outstanding balance may have a late fee allocated.

8.Liability

8.1.Middlehaven Hosting's liability for direct damages/losses incurred by the Client as a result of a culpable shortcoming in Middlehaven Hosting's performance of its obligations under this Agreement, which also expressly includes any shortcoming in fulfilling a guarantee commitment agreed with the Client, or an unlawful act on the part of Middlehaven Hosting, its employees or third parties engaged by Middlehaven Hosting, is limited to a sum equal to the payments the Client is obliged to make under this Agreement each billing cycle.
8.2.Middlehaven Hosting will not be held liable to pay compensation for damage/loss whatsoever, regardless of the grounds on which an action for compensation might be based.
8.3.The Client indemnifies Middlehaven Hosting against all third-party claims on account of liability resulting from the failure of a Service.

9.Failures and force majeure

9.1.Middlehaven Hosting is entitled to temporarily close down its systems, including the Website, either fully or partially, for the purpose of maintenance, adjustments or improvements. Middlehaven Hosting endeavour to ensure that any such closure or adjustments only take place outside office hours as far as possible, and will undertake to inform the Client in good time of the scheduling thereof.
9.2.Middlehaven Hosting has the right to adapt its systems, including the Website, in its entirety or in part, from time to time in order to improve its functionality and/or to correct errors.
9.3.In the event of unavailability of the Service due to disruptions, maintenance or other causes, Middlehaven Hosting will make every effort to inform the Client of the nature and expected duration of the interruption.
9.4.In the event of force majeure, which in any case will be understood to refer to disruptions or failure of the Internet or the telecommunications infrastructure, SYN floods, network attacks, DoS or DDoS attacks, power failures, domestic unrest, mobilisation, war, traffic congestion, strikes, injunctions, business interruptions, stagnation in supply, fire, flooding and impediments to import and export, and in the event that Middlehaven Hosting, through non-performance by parties on which its own service provision depends, regardless of the reason, cannot reasonably be expected to fulfil the Agreement, the Agreement will be suspended, or terminated when the situation involving force majeure has lasted for more than ninety days, without any obligation to pay damages.

10.Amending the General Terms and Conditions

10.1.We reserve the right to change or supplement these Terms and Conditions.
10.2.In the event the Client does not wish to accept an amendment to these Terms and Conditions, it may terminate the Agreement up to the date on which the new conditions take effect.

11.Domain Name Registration

11.1.We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
11.2.The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant Registry; you shall ensure that you are aware of those terms and conditions and that you comply with them.
11.3.By registering a .uk domain name, you enter into a contract of registration with Nominet UK on the terms and conditions published at www.nominet.org.uk.
11.4.You shall have no right to bring any claim against us in respect of any refusal to register a domain name by the relevant registration authority.
11.5.Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the Registry to register your desired name.
11.6.We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant Registry but will not be obliged to take part in any such dispute.
11.7.We shall not release any domain to another provider unless full payment for that domain has been received by us.

12.Website Hosting And Email

12.1.We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
12.2.You represent, undertake and warrant to us that you will use the Website allocated to you only for lawful purposes and to promptly inform us if this clause or any subclause of this clause has been breached or you become aware that they may have been breached. In particular, you represent, warrant and undertake to us.
12.2.1.you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
12.2.2.you will not upload, post, link to or transmit:
12.2.2.1.any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
12.2.2.2.any material containing a virus or other hostile computer program.
12.2.2.3.any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
12.2.2.4.any material which is forbidden by our acceptable use policy
12.2.3.you will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
12.2.4.you will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
12.2.5.any file you store on the Server will be reachable via a hyperlink from a page on your site.
12.3.We reserve the right to remove any material which we deem inappropriate from your Website without notice to you.
12.4.You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including but not limited to loss, theft or unauthorised disclosure of your password or other security information.
12.5.You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
12.6.You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
12.7.In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
12.8.Any access to other networks connected to Middlehanen Hosting must comply with the rules appropriate for those other networks.
12.9. While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
12.10.No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time.

13.Resellers

13.1.If you are or become a reseller of our Services you will continue to be bound by these terms and conditions, you will be responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these.
13.2.You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any contract binding on us.
13.3.No default by your customers shall in any way affect, modify or limit your obligations under this Agreement.
13.4.We authorise you to sell our services under your own brand for the direct use of your clients only. You may not permit your clients to resell the services you provide.
13.5.A maximum of one reseller account may be held by any single customer at any single time.

14.Final provisions

14.1.This Agreement is governed by UK law.
14.2.The term “written” in these conditions also includes email communication.
14.3.The parties will at all times inform each other immediately of any relevant changes in name, postal address, email address, telephone number and, if requested, bank account numbers.

 

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