Terms and conditions
General terms and conditions
These terms of business apply to single site hosting plans, email only services and domain name registration services. Terms of business for web site development are unique to the requirements of each contract and are not convered by general terms. Details of how we conduct web site development work is summarised at section 4 of this notice.
In these terms and conditions is should be understood: "We" & "Us" includes Cameron Hardy (also trading as Easy2Mail and strikingly simple) Limited of: 25 Russell Road, Crouch End, London United Kingdom or any party acting on Cameron Hardy's (also trading as Easy2Mail and strikingly simple) implicit instructions. "You" includes the person purchasing the Services or any other party acting on the customer's instructions. "The Registrant" includes the person seeking to register a domain name or any party acting on the Registrant's instructions. "The Registry" is the relevant domain names Registry. "Server" means the computer equipment operated by us for the provision of the Services. "Web Site" means an area on the Server allocated by us to you for use by you as a site on the Internet.
The relationship to be created between you and us is subject to these following terms, which shall apply during, and where necessary after, the period of the commercial relationship between you and us.
1. Registration of Domain Names
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 Registry; you shall ensure that you are aware of those terms and conditions and that you comply with them.
1.2.1. By registering a .uk domain name, you enter into a contract of registration with Nominet UK on the terms and conditions published at http://www.nominet.org.uk. As registration agent we will use the services of UK Reg, a division of FastHosts Limited. All domains purchased on your behalf will be held within our account at UK Reg but at all times will remain your property. We will release the domain to any other registering agent as soon as practicable upon your request to do so. We will not charge for releasing a domain unless in exceptional circumstances additional costs are incurred by us in the process. We will seek to recover those costs from you in full.
1.3. 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.
1.4. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the Registry to register your desired name.
1.5. 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.
1.6. 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 Hosting Services
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 agree that you will use the server space allocated to you only for lawful purposes and will inform us if any part of clause 2 has been breached or may have been breached. Specifically, you argee:
2.2.1. you will not use the Server in any manner which breaks any law or regulation or which harms the rights of any third party, nor will you authorise or permit any other person to do so.
2.2.2. you will not upload, post, link to or transmit:
220.127.116.11. any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
18.104.22.168. any material containing a virus or other hostile computer program.
22.214.171.124. 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.
126.96.36.199. any material which is forbidden by our acceptable use policy which is published at the foot of this notice.
2.2.3. 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.
2.2.4. you will not attempt to send emails using long 'to', 'cc' or 'bcc' address lists. Any email sent to more than 20 addresses in a single send will cause your email account to be frozen automatically for 24 hours. This is to prevent 'spamming' from the server. If you wish to send an email to a long list of addresses you should either contact email support at email@example.com or ideally send the mail in smaller lots. We cannot accept responsibility for any loss or problems howsoever caused by the failure to deliver an email where this condition has not been complied with. We reserve the right to terminate the account without refund or compensation of any customer who regularly violates this condition.
188.8.131.52 should a failure to comply with condition 2.2.4 result in our servers becoming blacklisted with any anti-spam organisation we reserve the right to impose a penalty of between £500 and £1,000 to recover the costs we will incur to have the blacklisting removed from the server. We also reserve the right to withdraw all website, emailing and other services without notice.
2.2.5. you will not employ programs, scripts or database search routines which do, or may be deemed likely to on a regular basis, consume excessive system resources, including but not limited to processor cycles and memory.
184.108.40.206 you will avoid the use 'Link Farms', 'Google jacking, 'Cloaking', 'Doorway pages', 'Link doping', 'Spamdexing' or any mechanism that creates traffic to your site through the automated or repeated submission of requests to seach engines, portals, web guides, listings sites or web rings as a means of promoting your web site. Such traffic generation mechanisms can expose our servers to the risk of Denial of Service attacks. Where such traffic becomes high to the point of consuming excessive server resources we reserve the right to terminate your account without notice. Should our monitoring of server traffic indicate that such mechanisms are in use we will first contact you to highlight the reasons for suspecting such activity and request that the use of such mechanisms is either capped, restricted or suspended.
2.2.6. any file you store on the Server will be reachable via a hyperlink from a page on your site. The server may not, therefore, be used an archive or backup or other file storage location. The only exception is where under a separate agreement we have contracted to backup database files from your account.
2.3. We reserve the right to remove any material which we deem inappropriate from your Web Site without notice to you.
2.4. 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.
2.5. 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.
2.6. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
2.7. 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.
2.8. Any access to other networks connected to Cameron Hardy (also trading as Easy2Mail and strikingly simple) must comply with the rules appropriate for those other networks.
2.9. 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.
2.10. 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.
2.11 You may at no time resell the web space, email addresses or ftp accounts provided as part of ytour hosting account. Neither may you sell space within any mySQL database or permit any access to secure web site services to be resold or recharged to any third parties.
2.12. Where you have entered into a myBusiness E-mail or myPersonal E-mail only hosting account (hereafter 'the E-mail only account') the fees payable will include the purchase of the domain name on your behalf. The domain will be registered in your name with nominet but held in our account with UK Reg.
2.13 Should you wish to cancel you E-mail only account we reserve the right to recover the cost we incurred in purchasing that domain when the E-mail only account from you before releasing the domain. As of 1st September 2013, this charge will be at least ‚£6.93 for a UK domain and at least ‚£10.17 for a non-UK domain.
2.14 Emails sent to any inbox created within an E-mail only account must be collected from the mailbox using external e-mail client software including but not restricted to Microsoft Outlook, Microsoft Outlook Express, Windows LiveMail and Apple Mail or the 'POP' mail facility within online email service such as, but not limited to, Hotmail, Yahoo!Mail or Google GMail or any 'POP' enabled email client operating on a 'smartphone' or 'tablet' device operating either Android or Apple iOS. Email client software or online 'POP' services must always be set to delete the original email from the server when collecting the mail from the mailbox. Your inboxes may not, under any circumstances, be used as an online storage or archieving facility. We reserve the right to purge all email that has been left on the server for more than 30 days and to delete any email messages that otherwise breach these conditions without notice.
2.15 The levels of service, amounts of disk space or volumes of data transfer are notified in the summary of service contained in this web site. On invoice (either printed or in electronic form) you will be advised of the limit of the service you have purchased and any penalty or overage charges that will be levied and the circumstance under which we will levy them.
2.16 We reserve the right to inspect all 'mail forms' and other processes on your web site that employ email sending services based on the server via a scripting language including but not restricted to PHP or Perl. If we consider any such 'mail form' or other email sending mechanism to be insecure and open to compromise by hackers or mail spammers we reserve the right to remove the script from the server. We will always inform you that we have removed the script and explain our reasons to you. You may not then restore the offending script until we are satisfied that it has been made secure and the risk of compromise has been very materially reduced.
3.Availability of Services.
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 or any consequential loss of business or incurring of other expenses by you as a result of any service down-time.
4. Web site development
4.1 The terms of and agreeement under which web site design and development will be undertaken will be set out in a separate and legally binding agreement signed between the web site owner and Cameron Hardy (also trading as Easy2Mail and strikingly simple) and is not covered by these general terms and conditions. A sample contract is available on request in writing either electronically by email using the contact links on this web site or by letter addressed to:
Cameron Hardy Limited
25 Russell Road
London N8 8HN.
4.2 Terms and schedules of payment, refunds, compensations and payments due by either party when services are cancelled before or after the agreed completion of the development of a web site or service are also contained in the formal agreement between the web site owner and Cameron Hardy (also trading as Easy2Mail and strikingly simple).
4.3 Definitions regarding delivery of work and agreed completion are also contained in the formal agreement between the web site owner and Cameron Hardy (also trading as Easy2Mail and strikingly simple).
5.1 The internet is a global network that does not recognise international boundaries, so the concept of exporting services is not applicable. All products and services we offer will be based in the UK but may be operated by clients in other countries remotely, across the internet.
5.2 Payment from overseas customer will be deemed to have been made in the UK and will be charged to your credit or debit card in Pounds (‚£) Sterling at the prevailing rate for that service. We have no control over the rate of translation that may be applied by your bank or card processor to convert the cost of the transaction into another currency. We will not enter into any dialogue about or be held responsible for any third party handling and translation of currency exchange.
6. Delivery and Payment
6.1 None of the services we provide entail the physical delivery of goods or chattels. Therefore, it is to be understood that the service you have purchased will be deemed to have been develivered when: Web hosting - you are able to access the space allocated to you on the web server by means of an FTP (file transfer protocol) connection or we are able to demonstrate that the server space is available by our uploading a 'holding' page that is accessible across the internet.
Email only hosting - you are able to receive an electronic mail message from any third party. We reserve to right to access your mailbox to verify the safe delivery of a test electronic mail message in the event of any dispute.
Web site design - the entire site or that agreed as part of a phased launch under the separate agreement outlined in section 4 is available across the internet.
6.2. 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, errors and omissions excepted and shall be due and payable in advance of provision of the Services.
6.3 Payment for web hosting and email only hosting agreements is required before the service is released to you. We may, however, at our discretion elect to allow services to be made available and launched only against the issue of a printed invoice. In such cases, payment must be received by us after a maximum of 14 days. If payment is not received we reserve the right to suspend or cancel any services until payment has been received.
6.4. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
6.5. Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given in accordance with 7.4. If you choose to pay by credit or debit card you authorise Cameron Hardy (also trading as Easy2Mail and strikingly simple) to debit your account renewal fees from your card.
6.6. All payments must be in UK Pounds Sterling unless by specific agreement.
6.7. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of ‚£25.
6.8. 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 but not obliged forthwith to suspend the provision of Services to you.
6.9. We reserve the right to take possesion in lien of items including, but not limited to, domain names, third party agreements or external service contracts where we have made payment or renewal on your behalf if after 42 days from the issue of the invoice and transmission of at least two (2) reminder notices we have not received payment in full from you. We will not sell on to any third parties the items taken in lien and will restore them to you if and when payment is received.
7. Termination And Refunds
7.1. We shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you if you:
7.1.1. fail to pay any sums due to us as they fall due.
7.1.2. break any of these terms and conditions.
7.1.3. are a company and you go into liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors.
7.2. No refunds will be made under any circumstances for Services suspended in accordance with 7.1.
7.3. 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 to a pro rata refund based upon the remaining period of prepayment.
7.4. You may cancel the Services at any time. To do so you must request cancellation of the Services in writing including your account username and password. We will cancel the Services within 2 working days of receipt of your request.
7.5. During the first 7 days of Services, You are entitled to a refund of the basic hosting plan rental fee should You decide to cancel the Services. No full refunds or pro rata refunds will be made after the first 7 days of service should You decide to cancel the Services.
7.5.1. Domain name registration fees, charges for additional data transfer and charges for optional extras added to your account are not refundable under any circumstances.
7.5.2. You will not be entitled to a refund on this basis if you have previously held an account with Cameron Hardy (also trading as Easy2Mail and strikingly simple).
7.6. Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
7.7. On termination of this Agreement or suspension of the Services we shall be entitled immediately to stop access to your Web Site and to remove all data located on the Server.
8.1. 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 any of the terms of this Agreement.
9. Limitation Of Liability
9.1. 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 to o the extent applicable under UK law, subject always to sub clause 9.2.
9.2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
9.3. 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.
9.4. In any event no claim shall be brought unless you have notified us of the claim within one month of it arising.
9.5. 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 whatsoever.
10.1. 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.
11.1 Any forbearance or failure by us to enforce a contractual provision to which you are subject shall not affect our right to require such performance at any subsequent time, nor shall the waiver or forbearance by us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.
12.1. This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the exclusive jurisdiction of the English courts.
13.1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
14. Entire Agreement
14.1. 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 confirm that 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.
Acceptable Use Policy
The Internet is a powerful information and entertainment tool, we would expect our customers to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users.
Our acceptable use policy ("AUP") is actively and strictly enforced. Offending content or users are removed from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.
Common sense is the best guide as to what is considered acceptable use, however the following are unacceptable uses.
In any form, including but not limited to the unauthorised distribution or copying of copyrighted software or other data, harassment, fraud, or trafficking in obscene material. Undesirable Content
Certain types of content are not permitted on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work.
The use of our network to send bulk email whether opt-in or otherwise, and the use of bulk email to promote a site on our network is strictly forbidden. Misuse Of Resources
Including but not limited to employing applications which consume excessive CPU time, memory or storage space. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum. The use of web cam applications which maintain a constant FTP connection uploading an image at regular intervals is forbidden. If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use.
The Directors, Cameron Hardy Limited
4th September 2013