Where the context admits: "We" includes Easyhosting
implicit instructions. "You" includes the person purchasing
the services or any party acting on the customer's
instructions. "The Registrant" includes the person applying
for a domain name or any party acting on the Registrant's
instructions. "The Registry" the relevant domain names
Registry. "Server" means the computer server equipment
operated by us in connection with the provision of the
Services. "Web Site" means the area on the Server allocated
by us to you for use by you as a site on the Internet. In
consideration of the mutual covenants herein, the parties
agree to the following, which shall apply during the term of
1. Domain Name Registration
1.1 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.
1.2 The registration and use of your domain name is subject
to the terms and conditions of use applied by the relevant
naming authority; you shall ensure that you are aware of
those terms and conditions and that you comply with them.
You shall have no right to bring any claim against us in
respect of refusal to register a domain name. Any
administration charge paid by you to us shall be
non-refundable notwithstanding refusal by the naming
authority to register your desired name.
1.3 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
naming authority but will not be obliged to take part in any
1.4 We shall not release any domain to another provider
unless full payment for that domain has been received by us.
2. Web Site Hosting And Email
2.1. 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.
2.2. You shall effect and maintain adequate insurance cover
in respect of any loss or damage to data stored on the
2.3 You represent, undertake and warrant to us that you will
use the Web Site allocated to you only for lawful purposes.
In particular, you represent, warrant and undertake to us
2.3.1 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.
2.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive,
malicious, defamatory, obscene, pornographic, blasphemous,
profane or otherwise objectionable in any way.
(b) any material containing a virus or other hostile
(c) 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.
2.3.3 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. accounts found not
adhering to this policy will be cancelled without refund.
2.3.4 you will not employ programs which consume excessive
system resources, including but not limited to processor
cycles and memory.
2.3.5 any file you store on the Server will be reachable via
a hyperlink from a page on your site.
2.4 We reserve the right to remove any material which we
deem inappropriate from your web site without notice. We do
not host Warez, Adult or illegal MP3 content or allow links
to any such material.
2.5 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 loss, theft or unauthorised disclosure of your
password or other security information.
2.6 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.
2.7 You shall procure that all mail is sent in accordance
with applicable legislation (including data protection
legislation) and in a secure manner.
2.8 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.
2.9 Any access to other networks connected to Easyhosting
must comply with the rules appropriate for those other
2.10 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
2.11 The creation of additional accounts / virtual hosting
is strictly forbidden other than on our reseller accounts.
Abuse of the terms and conditions will result in the
cancellation of your free hosting account but the domain
name you have registered and paid for would remain your
Refunds will be given at the discretion of the Company
By using our service you agree that Easyhosting shall not be
liable to you or your business for any losses howsoever
Top level Domain names are registered through our affiliate
partners, Dotster.com and we have no control over their
terms & conditions and accept no liability should they elect
to change them.
We offer a 30 day unconditional money
back guarantee on all new paid hosting packages. We do
not however offer refunds on account renewals, domain name
purchases or transfers because these costs are not
recoverable by ourselves.
3.1 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
3.2 As a reseller you must not falsely describe the services
3.3 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.
3.4 No default by your customers shall in any way affect,
modify or limit your obligations under this Agreement.
3.5 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.
4. Service Availability
4.1 We shall use our reasonable endeavours to make available
to you at all times the Server and the Services but we shall
not, in any event, be liable for interruptions of Service or
down-time of the Server.
4.2 We shall have the right to suspend the Services at any
time and for any reason, generally without notice, but if
such suspension lasts or is to last for more than 7 days you
will be notified of the reason.
4.3 The Services provided to you hereunder and your account
with us cannot be transferred or used by anyone other than
you. 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; user programs may be run only during
log-in sessions. If your account is found to have been
transferred to another party, or shows other activity in
breach of this sub clause, we shall have the right to cancel
the account and terminate the Services and/or this Agreement
5.1 All charges payable by you for the Services shall be in
accordance with the scale of charges and rates published
from time to time by us on our web site and shall be due and
payable in advance of our service provision. We reserve the
right to change pricing at any time although all pricing is
guaranteed for the period of pre payment.
5.2 Payment is due each anniversary
month, quarter or year following the date the Services were
established until closure notice is given. If you choose to
pay by credit or debit card you authorise Easyhosting to
debit your account renewal fees from your card.
5.3 All payments must be in UK Pounds Sterling $US or euro.
5.4 If your cheque is returned by the bank as unpaid for any
reason, you will be liable for a "returned cheque" charge of
5.5 Without prejudice to our other rights and remedies under
this Agreement, if any sum payable is not paid on or before
the due date, we shall be entitled forthwith to suspend the
provision of Services to you.
6.1 If you fail to pay any sums due to us as they fall due,
we may suspend the Services and/or terminate this Agreement
forthwith without notice to you.
6.2 If you break any of these terms and conditions we may
suspend the Services and/or terminate this Agreement
forthwith without notice to you.
6.3 If you are a company and you go into insolvent
liquidation or suffer the appointment of an administrator or
administrative receiver or enter into a voluntary
arrangement with your creditors, we shall be entitled to
suspend the Services and/or terminate this Agreement
forthwith without notice to you.
6.4 No refunds will be made for Services suspended in
accordance with 6.1, 6.2 and 6.3.
6.5 We reserve the right to suspend the Services and/or
terminate this Agreement at any time. In the event of this
You will be entitled pro rata refund based upon the
remaining period of membership.
6.6 You may cancel the Services at any time.
6.7 During the first 30 days of Services, You are entitled
to a complete refund of all fees paid with the exclusion of
domain name registration, and transfer fees should You
decide to cancel the Services. You will not be entitled to a
refund on this basis if you have previously had an account
with Easyhosting. No full refunds or pro rata refunds will
be made after the first 30 days of service should You decide
to cancel the Services.
6.8 Where payment has been made by credit or debit card, any
refund will only be issued to the same credit or debit card.
6.9 On termination of this Agreement or suspension of the
Services we shall be entitled immediately to block your Web
Site and to remove all data located on it.
7.1 You shall indemnify us and keep us indemnified and hold
us harmless from and against any breach by you of these
terms of business and any claim brought against us by a
third party resulting from the provision of Services by us
to you and your use of the Services and the Server
including, without limitation, all claims, actions,
proceedings, losses, liabilities, damages, costs, expenses
(including reasonable legal costs and expenses), howsoever
suffered or incurred by us in consequences of your breach or
non-observance of this Agreement.
8. Limitation Of Liability
8.1 All conditions, terms, representations and warranties
relating to the Services supplied under this Agreement,
whether imposed by statute or operation of law or otherwise,
that are not expressly stated in these terms and conditions
including, without limitation, the implied warranty of
satisfactory quality and fitness for a particular purpose
are hereby excluded, subject always to sub clause 8.2.
8.2 Nothing in these terms and conditions shall exclude our
liability for death or personal injury resulting from our
8.3 Our total aggregate liability to you for any claim in
contract, tort, negligence or otherwise arising out of or in
connection with the provision of the Services shall be
limited to the charges paid by you in respect of the
Services which are the subject of any such claim.
8.4 In any event no claim shall be brought unless you have
notified us of the claim within one year of it arising.
8.5 In no event shall we be liable to you for any loss of
business, contracts, profits or anticipated savings or for
any other indirect or consequential or economic loss
9.1 Any notice to be given by either party to the other may
be sent by either email, fax or recorded delivery to the
address of the other party as appearing in this Agreement or
ancillary application forms 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 fax shall be deemed to be served on receipt of an
error free transmission report, or if sent by recorded
delivery shall be deemed to be served two days following the
date of posting.
10.1 This Agreement shall be governed by and construed in
accordance with English law and you hereby submit to the
non-exclusive jurisdiction of the English courts.
11.1 Headings are included in this Agreement for convenience
only and shall not affect the construction or interpretation
of this Agreement.
12. Entire Agreement
12.1 These terms and conditions together with any documents
expressly referred to in them, contain the entire Agreement
between us relating to the subject matter covered and
supersede any previous Agreements, arrangements,
undertakings or proposals, written or oral: between us in
relation to such matters. No oral explanation or oral
information given by any party shall alter the
interpretation of these terms and conditions. In agreeing to
these terms and conditions, you have not relied on any
representation other than those expressly stated in these
terms and conditions and you agree that you shall have no
remedy in respect of any misrepresentation which has not
been made expressly in this Agreement.