READ THIS AGREEMENT CAREFULLY BEFORE USING ANY LUSHSOFT SERVICE.
1. AGREEMENT
This is an agreement between 1uHosting.net, a division and trading name of Lushsoft Limited and you to provide 1uHosting Services ("the Service"). By establishing an account, using the Service, using 1uHosting.net-provided software, using the equipment or indicating agreement through the software or website, you agree to be bound by this Agreement, including future revisions and to use the Service in compliance with the current 1uHosting.net's Acceptable Use Policy. The most recent versions of all 1uHosting.net's agreements and policies may be found at www.1uhosting.net/terms-and-conditions.php.
2. TERM
If your Service has a specific initial term (like twelve (12) months) this agreement will continue on a month-to-month basis after the initial term is over. 1uHosting.net reserves the right to change prices of the Service upon 30 days notice. 1uHosting.net reserves the right to change features of the Service at any time. Current Service prices and features may be obtained by visiting our website www.1uHosting.net or by calling 0870 863 7230.
3. THE SERVICE
Depending on the type of Service that you choose, the Service may include software, hardware, consultancy, remote managed services, Microsoft SharePoint Services and other features. From time to time 1uHosting.net may impose reasonable rules and regulations regarding the use of the Services.
The Service speed can vary depending Internet traffic, and other factors beyond the control of 1uHosting.net. 1uHosting.net does not guarantee upload or download speeds to our data centres, however this may change depending on the agreed service schedule.
Your Service may limit the amount of data that you can upload and/or download each month ("bandwidth") or may be priced according to the amount of bandwidth you use per month. Please see the description of your particular Service by referring to the appropriate product page at www.1uHosting.net or your Service Schedule for more information. If during any month, you exceed a monthly bandwidth limit associated with your Service, 1uHosting.net may, going forward, change your Service to one permitting such bandwidth use (as provided for in the Service options) and you agree to the standard fees 1uHosting.net charges for such Service. 1uHosting.net will provide you with notice of any such change to your Service. Alternative, 1uHosting.net will charge for the additional bandwidth as detailed on the 1uHosting.net website.
4. CANCELLATION
1uHosting.net only accepts cancellation by phone, fax or Mail. We do NOT accept cancellations by email. Accounts are set to close at the end of the current billing period. You will be issued a confirmation number as your only proof of cancellation. We do not grant refunds or credits for any prior use including partial use during the last month of cancellation. If you do cancel by one of the prescribed methods and are mistakenly billed again, we will refund any erroneous charges upon proof of cancellation.
To process your cancellation request, we require that you provide the following: (1) Written request submitted on company letterhead by your billing contact (2) Your customer or account number (3) Current phone number (4) Reason for cancelling the service. Cancellation will be effective at the end of the billing cycle after the notice of cancellation is received and processed.
Fax Cancellation:
Services may be cancelled by fax to 0870 051 8354. Please include your account number and a current phone number.
Mail Cancellation:
Send registered or recorded mail to:
1uHosting.net
Cancel (list type of service)
Atlantic House
Imperial Way
Reading
Berkshire
RG2 0TD
Please provide the type of service you have in the address.
1uHosting.net may terminate this Agreement, your password, your account, or your use of the Services for any reason, including, without limitation, if 1uHostin.net, in its sole discretion, believes you have violated this Agreement, violated the 1uHosting.net Acceptable Use Policy or if you fail to pay any charges when due. Termination notice will be by email or post to the address you provided for the Service. Sections 6, 7, 10 and 11 of this Agreement shall survive termination of this Agreement.
5. ACCOUNT REQUIREMENTS
In order to order and receive the Service, you must be at least 18 years old and may have to provide a valid credit card or other forms of payment. You are responsible for charges for the Service regardless of the status of these separate services. Changing service providers may result in substantial interruption of the Service and may result in fees associated with cancellation and setting up a new account. Your computer may have to meet certain minimum requirements, which may be found on the 1uHosting.net's homepage at: www.1uHosting.net.
6. PAYMENT
All monthly fees and set-up fees shall be due in advance of the month incurred and all additional charges shall be due at the end of the month in which such charges are incurred. Except as provided below, the set-up fees are non-refundable and 1uHosting.net does not issue pro rata refunds for fees paid in advance. Your right to use the Services are subject to any limits established by 1uHosting.net or by the issuer of your credit card. Interest charges of 1% per month (or the highest rate permitted by law if lower than 1% per month) will accrue daily on any unpaid balance, which is more than thirty (30) days overdue.
You agree to pay all taxes, surcharges, and fees set by the government. We may not always give advance notice of changes to these items.
You are responsible for any charges to your account. Questions regarding charges to an account should be directed to 1uHosting.net's Customer Service Department at 0870 863 7230. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.
Charges may be billed to your credit card, debit card or bank account, as applicable, each month for the Service and any additional usage, services, taxes and fees. 1uHosting.net is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by 1uHosting.net. You agree to maintain valid and current credit card information on file with 1uHosting.net at all times.
If purchasing Services through a reseller, the reseller must pay all amounts owing for your account. If the reseller fails to pay 1uHosting.net any amounts due, whether or not you have paid the reseller, your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due. Delinquent accounts may be suspended or cancelled at 1uHosting.net's sole discretion; however charges will continue to accrue until the account is cancelled. 1uHosting.net may bill an additional charge to reinstate a suspended account.
7. YOUR ACCOUNT, PASSWORD, AND SECURITY
Upon registration, you will receive a username, password, and other account information. You and members of your business are the only authorized users of your 1uHosting.net account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify 1uHosting.net immediately upon discovering any unauthorized use of your account.
8. MONITORING THE SERVICES
1uHosting.net has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if 1uHosting.net, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself, its employees, its customers or others. See our Privacy Policy. 1uHosting.net may immediately remove your material or information from 1uHosting.net's servers, in whole or in part, which 1uHosting.net, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy or other policies or laws.
9. DISCLAIMERS AND WARRANTIES
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 1UHOSTING.NET DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. 1UHOSTING.NET MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH 1UHOSTING.NET OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY 1UHOSTING.NET OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. 1UHOSTING.NET AND IT EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, 1UHOSTING.NET'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM.
1UHOSTING.NET SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR SERVICE; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE SERVICES;THE USE OF THE SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK,TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS,AND USEFULNESS OF ALL SERVICES, PRODUCTS,AND OTHER INFORMATION,AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF 1UHOSTING.NET, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST 1UHOSTING.NET IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT.
10. MISCELLANEOUS
This Agreement, the Acceptable Use Policy, and 1uHosting.net's other Agreements and policies posted on 1uHosting.net's website constitute the entire agreement between you and 1uHosting.net with respect to your use of the Service. 1uHosting.net may revise, amend, or modify the Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on 1uHosting.net's website: (www.1uHosting.net) and/or on the support website (support.1uHosting.net) and/or by email and/or in our various publications and mailings to you. 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 1uHosting.net.
You may not assign your rights or delegate any of your duties under this Agreement without the prior written consent of 1uHosting.net, and any attempted assignment or delegation without such consent shall be void. If one or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. 1uHosting.net 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 1uHosting.net as reflected in the original provision. Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. 1uHosting.net may subcontract any work, obligations or other performance required of 1uHosting.net under this Agreement without your consent.
You shall indemnify and hold 1uHosting.net harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), legal fees and expenses that 1uHosting.net may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement, the Acceptable Use Policy, and 1uHosting.net's other agreements and policies and for any act or omission of you or your clients which are in any way related to the 1uHosting.net Service.
11. CONFIDENTIALITY
You acknowledge that by reason of your relationship with 1uHosting.net, you may have access to certain information and materials relating to 1uHosting.net's business, customers, software technology and marketing which 1uHosting.net treats as confidential (collectively "Confidential Information"). You shall: (i) hold in confidence, and not disclose or reveal to any person or entity, any Confidential Information without the clear and express prior written consent of a duly authorized representative of 1uHosting.net; and (ii) not use or disclose any of the Confidential Information for any purpose at any time, other than for the limited purpose of performance under this Agreement. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for two (2) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
12. DATA PROTECTION
Under the UK Data Protection Act you have the right to obtain a copy of the personal information we hold on you. If you wish to do so, please contact the Data Protection Officer at our registered address. (Please note there is a £10 admin charge for this service).
13. WEB HOSTING TERMS & CONDITIONS
BACKUP/RESTORE POLICY
You are advised that it is your responsibility to back up your files. 1uHosting.net will keep copies of web space and databases for up to 36 hours. To obtain a copy of your data a fee of £50 is payable.
COPYRIGHTED MATERIAL POLICY
If any copyrighted material other than the holder of the account's own is to be stored on an 1uHosting.net server, 1uHosting.net must receive a signed photocopy or original letter giving explicit, specific permission from the copyright holder.
HIGH USAGE
Resources are defined as bandwidth and/or processor utilization. 1uHosting.net may implement the following policy to its sole discretion:
In order to maintain quality of service to all our clients, we reserve the right to suspend or terminate an account where it is found to be manipulating or monopolizing server resources to the detriment of other users, whether via scripts, programs, volume of mail, excess bandwidth or otherwise. It is strongly suggested that any script development is carried out on your local PC before uploading to the server, as incorrectly configured scripts may seriously affect server performance.
The hosting packages available on this web site are not intended to be used as file repositories nor as code development test-beds. We reserve the right to remove any sites which it believes are being used for such purposes.
LOSS OF SERVICE
In the unlikely event of "loss of service" we will credit your account using the following scale:
| Availability |
Credit |
| 99% - 100% |
0% |
| 95% - 98.99% |
10% |
| 90.99% - 94.99% |
50% |
| Below 89.99% |
100% |
14. COLOCATION & RACK SPACE TERMS & CONDITIONS
LOSS OF SERVICE
In the unlikely event of "loss of service" we will credit your account using the following scale:
| Availability |
Credit |
| 99.95% - 100% |
0% |
| 99.0% - 99.94% |
10% |
| 98.99% - 97.5% |
20% |
| Below 97.4% |
50% |
Last Updated: 14th October 2008
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