Hosting Terms & Conditions

Banned Scripts / Applications

Due to the nature of scripts and applications available on the internet it’s likely that the list of banned scripts will be updated from time to time. This list will be kept updated under section 7.1.10 of our Shared/Reseller Account Specific Terms.

The installation, hosting or use of any of the following scripts on our shared and reseller / multiple domain hosting packages is strictly prohibited for reasons related to server stability and security.

phpSitemapNG – Google sitemap creator

UltimateBBS / UBB

IkonBoard

All versions of YABB forum

CGI-Proxy, Anonymizer and all other Proxy scripts

IRC related scripts

Chat room applications (not including 100% applet based)

phpShell and all other command execution scripts

Webmail and eGallery modules of PHP-Nuke

‘Matts’ FormMail

Banned Subject Matter

Due to many problems in the past involved with server resources/stability and breach of terms and conditions we do not permit the hosting of websites related to:

Distribution of torrent files and other files related to download distribution (trackers, etc)

HYIP / High Yield Investment Programmes

1. WHAT FORMS THE AGREEMENT

1.1. By applying for our Services, you agree that this Agreement shall

apply to those Services. This Agreement shall come into force if

and when we) email you to confirm acceptance of your application.

1.2. In addition to these Terms, applicable Specific Terms will apply to

particular Services. We shall notify you of those Specific Terms

when you apply for Services.

1.3. This Agreement set out all the terms agreed between us about the

subject matter of this Agreement. This Agreement take the place of

all previous negotiations, understandings and representations.

2. DEFINITIONS

2.1. In these Terms, certain words and phrases have defined meanings:

Word or Phrase Meaning

Agreement These Standard Terms & Conditions,

together with any Specific Terms;

Confidential

Information

The trade secrets, operations, processes,

plans, intentions, product information,

prices, know-how, designs, customer lists,

market opportunities, transactions, affairs

and/or business of you or us. This

Agreement is our Confidential Information;

Intellectual

Property Rights

registered and unregistered design rights,

registered and unregistered trade marks,

and all other industrial, commercial or

intellectual property rights existing in any

jurisdiction in the world and all the rights to

apply for any of these;

Interest Rate 2% above Barclays Bank plc’s base rate

per annum;

Month A period of one calendar-month from the

Start Date or any monthly anniversary of

the Start Date;

us; our; we LTF Design & Marketing Ltd, Registered in England, No: 06614692. VAT #977240886., Yorks Farm Business Park, Watling St, Towcester, NN12 8EU on behalf of Sub 6 / Clook UK as a Reseller:

Server Any server that we allow you to access or

in which we allocate you resources, as

described in the Specification;

Services The services provided by us to you under

these Terms or the applicable Specific

Terms;

Software Any software that we provide to you under

this Agreement;

Specific Terms Any of our Specific Terms that are

applicable for particular Services;

Start Date The date on which we email you to confirm

acceptance of your application;

Terms These Standard Terms & Conditions;

Year A twelve calendar-month period from the

Start Date and anniversaries of the Start

Date;

you; your The customer.

3. INTERPRETATION

3.1. In these Terms:

3.1.1. References to clauses are to the clauses of these Terms;

3.1.2. References to paragraphs are to the paragraphs of Specific

Terms;

3.1.3. Headings are for ease of reference only;

3.1.4. Wherever the words “including”, “include”, or “includes” or

are used they shall be deemed to be followed by the words

“without limitation” unless the context otherwise requires;

3.1.5. If there is any conflict or inconsistency between these Terms

and Specific Terms in relation to particular Services, the

Specific Terms shall have precedence for the relevant

Services.

3.2. All rights and remedies referred to in this Agreement are

cumulative and not to the exclusion of other rights and remedies,

unless expressly stated otherwise.

4. LAW

4.1. This Agreement is governed by English law.

5. HOW WE VARY THIS AGREEMENT OR A SERVICE

5.1. We, but not you, may vary this Agreement or the Services by

notifying you of the change by email or in writing. We will give you a

reasonable period of notice of the variation.

5.2. If we vary the Services, we may increase the fees for the Services.

5.3. If we notify you of variation of the Services (or part of the Services),

you may cancel the varied parts of the Services for any reason by

giving not less than 14 days notice from the date on which you

receive notice of the variation from us. We shall refund you a

proportion of the fees representing the number of paid-for days of

the Services that you will not be receiving due to termination.

6. WE DEPEND UPON EACH OTHER

6.1. If we fail to do something that we ought to do under this Agreement

and that directly causes you to fail to do something that you ought

to do under this Agreement then we will not treat your failure as a

breach of contract in those circumstances. You will treat us in the

same way.

7. YOUR OBLIGATIONS

7.1. Whilst this Agreement is in force, you shall

7.1.1. Comply with our reasonable instructions, guidelines and

directions about the use of the Services, and;

7.1.2. Not sell, deal, transfer, or otherwise make available the

Software or the Services to any third party for any purposes

except as expressly permitted by this Agreement.

7.2. You agree that you shall ensure that you comply with your

obligations under UK law.

7.3. You warrant that you have the full power and authority to enter into

this Agreement.

8. CONNECTIVITY OR SERVICE ACCESS

8.1. Unless any Specific Terms states otherwise where the Services

includes the provision of connectivity to the internet or access to a

Server, you shall not be entitled to such Services until we notify you

(by email, telephone or in writing) that it is ready for use.

9. CONFIDENTIALITY

9.1. Each of us shall, for the Confidential Information for which each of

us is the recipient:

9.1.1. Keep the Confidential Information strictly confidential and

not disclose any part of it to any person except as permitted

by or as required for the performance of the recipient’s

obligations under this Agreement;

9.1.2. Take all reasonable steps to prevent unauthorised access to

the Confidential Information;

9.1.3. Not use the Confidential Information other than for the

purposes set out in this Agreement.

9.2. Each of us may disclose the Confidential Information to, and allow

its use in accordance with this Agreement by the following (as long

as the conditions in clause 9.3 are met):

9.2.1. Employees and officers of the recipient who require it for the

recipient to perform its obligations under this Agreement;

9.2.2. The recipient’s auditors and professional advisors solely for

the purposes of providing professional advice.

9.3. As a condition of the rights set out in clause 9.2 the party wishing to

exercise the rights must:

9.3.1. Ensure that any party to whom it discloses Confidential

Information is under an obligation of confidentiality about

such Confidential Information; and

9.3.2. Procure that such persons observe the restrictions in this

clause 9.

9.4. With the exception of the Software and the Services, the

restrictions in clause 9.1 do not apply to any information to the

extent that it:

9.4.1. Is or comes within the public domain other than through a

breach of clause 9.1; or

9.4.2. Is in the recipient’s possession (with full right to disclose)

before receiving it from the other party; or

9.4.3. Is lawfully received from a third party (with full right to

disclose); or

9.4.4. Is independently developed by the recipient without access

to or use of the Confidential Information.

10. INTELLECTUAL PROPERTY RIGHTS

10.1. We, or our licensors, own all Intellectual Property Rights in the

Services and the Software. You shall acquire no rights in the

Services or Software.

LTF Design & Marketing Ltd On behalf of Sub 6 / Clook UK As a Reseller

STANDARD TERMS & CONDITIONS

10.2. You shall indemnify and keep us indemnified against any and all

losses, costs, damages, liabilities, claims, demands and expenses

suffered or incurred by us (including legal expenses reasonably

and properly incurred) arising out of any claim brought against us

by any third party alleging that its Intellectual Property Rights are

infringed by the use by you of the Services or Software, to the

extent that such a claim arises out of your modification of the

Software or Services, or the use of the Software or Services in any

software, services or materials not provided to you by us.

11. SOFTWARE

11.1. Where we licence Software owned by third parties to you, you

agree that you shall comply with any licence terms of such third

parties.

12. DOMAIN NAMES

12.1. If you buy a domain name from us, you acknowledge and agree

that once you have paid for the domain name, we will register that

domain name. We cannot amend that domain name following

purchase. It is therefore your responsibility to ensure that you enter

the domain name correctly when you apply for it.

12.2. You agree that you accept and shall comply with the terms of the

domain name registrar applicable for the purchased domain name.

13. INDEMNITIES

13.1. You agree to fully indemnify and keep us fully indemnified from and

against all actions, demands, costs (on a full indemnity basis),

losses, penalties, damages, liability, claims and expenses

(including legal fees) whatsoever incurred by us and arising from

any of the following:

13.1.1. Your breach of this Agreement, your negligence or other act,

omission or default;

13.1.2. The operation or break down of any equipment or software

owned or used by you (except for the Server and Software);

13.1.3. Your use or misuse of the Services and/or the Server.

14. LIMITS ON LIABILITY

14.1. Each party’s liability to the other for any claim for breach of

contract, negligence, breach of statutory duty or under any

indemnity or otherwise shall be limited as follows:

14.1.1. For any claim for personal injury or death caused by the

other party’s negligence, or for fraudulent misrepresentation,

no limit shall apply;

14.1.2. For other claims for personal injury or death and claims for

the damage to or loss of tangible property (except claims

relating to data contained on any tangible media), liability

shall be limited to £1 million per claim or series of claims

arising from any one incident.

14.1.3. For any other claim, each party’s liability to the other shall

be limited to the amount of fees paid under this Agreement

in the Year in which the claim arose.

14.2. We shall not be liable for the following types of loss, whether direct,

indirect or consequential, and even if we were notified that you

would incur any of these losses:

14.2.1. Financial loss, including loss of profits, earnings, business,

goodwill, business interruption;

14.2.2. Expected or incidental losses; loss of expected savings; loss

of sales; failure to reduce bad debt; reduction in the value of

an asset.

15. PAYMENTS AND INVOICING

15.1. You shall pay the fees for the Services, including any applicable

setup fees. All the prices and charges that we quote are exclusive

of VAT and we shall charge this in addition where it applies.

15.2. We operate an online invoicing system. We will notify you by email

when an invoice is ready. It is then your responsibility to log on to

our system and arrange payment. Payment must be a by credit or

debit card accepted by our online payment system.

15.3. You will pay all of our invoices in cleared funds by the due date set

out on the invoice. If you do not pay any sum by its due date:

15.3.1. We shall be entitled to charge interest on the overdue

amount at the Interest Rate from the due date up to the date

of actual payment (whether before or after any court

judgement); and

15.3.2. We shall be entitled to suspend Services. We shall not be

obliged to reactive the Services; reactivation shall be at our

sole discretion; and

15.3.3. In addition to the above, if an invoice remains unpaid 14

days after its due date, we shall be entitled to send you

reminders by email and post at regular intervals. We shall

charge you a fee of £5 per letter to cover a small proportion

of the costs we incur in seeking payment of the overdue

amount;

15.3.4. In addition to the above, you shall be liable to pay our

reasonable legal costs and expenses for seeking payment

of the overdue amount.

15.4. We shall not be liable for any losses to you caused by our

suspension of the Services in accordance with clause 15.3. We are

entitled to charge you a reasonable fee for reactivating any

Services suspended in accordance with clause 15.3.

15.5. We shall be entitled to increase our fees for any or all Services

once in each Year. However, we shall limit any such increase to a

percentage not greater than the percentage increase in the Retail

Prices Index published by the Central Statistical Office.

16. EXCEEDING USAGE LIMITS & OVERAGE CHARGES

16.1. If you exceed the prescribed usage limits for data transferred per

Month, we reserve the right to charge you the overage charges that

are applicable for the excess usage during that Month. For shared

hosting services, we also reserve the right to suspend the

Connection until the beginning of the next Month. Certain services

have fixed storage limits, and you shall not be able to exceed such

limits.

16.2. We may also (but are not obliged to) email you, at the end of the

Month, and give you the option of upgrading the Services. If you

notify us that you wish to upgrade, you will pay the fees for the

upgraded Services from the day on which we upgrade them. Any

service upgrade does not constitute a variation of our Agreement

with you.

17. EVENTS OUTSIDE REASONABLE CONTROL

17.1. Neither of us will be liable to the other for any delay or failure in the

performance of our contractual obligations caused by events

outside our reasonable control. However, for either of us to rely on

this clause, we must promptly notify the other of the circumstances

of the event. This clause 17.1 does not apply to your obligation to

pay the fees for the Services.

17.2. If the event persists for 28 days or more, the party not effected by

the event may give notice to the other to terminate this Agreement

with effect from a date specified in the notice without penalty or

other liability (except for any liability on your part to pay our

invoices and for work carried out but invoiced at the date of

termination).

18. NOTICES

18.1. Any notice (except for the service of court proceedings) shall be

sent to the other party’s nominated email address for service. In our

case, this will be the helpdesk email address that we notify you of

or is stated on our website.

18.2. If either of us wants to change our email address for service, we

must notify the other party of the change of email address in

accordance with clause 18.1. In the case of you notifying us, the

change will take effect from the date on which we email you to

confirm that we have changed your email address.

18.3. We both consider that notice has been given

18.3.1. In the case of us notifying you, one clear day after the time

of sending the email;

18.3.2. In the case of you notifying us, one clear day after you

receive by email a helpdesk ticket ID code for such

notification.

19. DISPUTE RESOLUTION PROCEDURE

19.1. We both agree that we shall deal with any disputes about this

Agreement as follows:

19.1.1. The issue in dispute shall be referred for discussion to, in

your case, the name of the main account holder, and in our

case, the customer services manager that we notify to you.

You should email us at management@clook.net;

19.1.2. If the dispute is not resolved, the managing directors (or

equivalent) of each of us shall discuss the issue;

19.1.3. If the issue is not resolved then we shall refer it to a

mediator that we jointly appoint. If we cannot agree on the

mediator, we shall ask the President of the Law Society of

England and Wales to appoint a mediator;

19.1.4. If the dispute is still not resolved, then we both agree that

the English courts have exclusive jurisdiction to settle the

dispute.

19.2. We shall both bear our own costs for elements of the dispute

resolution procedure up to the involvement of the courts under

clause 19.1.4.

LTF Design & Marketing Ltd, on behalf of Sub 6 / Clook UK As a Reseller.

STANDARD TERMS & CONDITIONS

20. COOLING-OFF PERIOD

20.1. You have a cooling-off period in which you can cancel Services.

20.2. The cooling-off period begins:

20.2.1. In the case of Services that you apply for before the Start

Date, on the Start Date;

20.2.2. In the case of Services that you apply for after the Start

Date, on the date on which we notify you that we have

accepted your application for the Services.

20.3. Subject to clause 20.3, the cooling-off period expires 14 days after

the date on which the Services begin.

20.4. The cooling-off period does not apply to any Services for which we

have to set-up, build hardware, or customise hardware or

resources to your specification (e.g. a managed dedicated server).

If you are a consumer, you also agree that:

20.4.1. For the purposes of the Consumer Protection (Distance

Selling) Regulations 2000, the Services begin on the day on

which we begin to set-up, build or customise the hardware

or resources (as appropriate); and

20.4.2. We may begin set-up, building or customisation within the

first 7 days after you enter into an agreement with us for the

Services.

21. TERMINATION

21.1. This Agreement takes effect on the Start Date. Subject to clause 20

and the remainder of this clause 21, and any Special Terms, it shall

continue for the period stated in the applicable Specific Terms.

21.2. Either of us can terminate this Agreement immediately by serving

written notice on the other party if:

21.2.1. The other party commits a material breach of an obligation

under this Agreement or any Specific Terms which is not

capable of remedy;

21.2.2. The other party commits a material breach of an obligation

under this Agreement or any Specific Terms which is not

remedied within 28 days after receipt of a notice from the

party not in breach specifying the breach, requiring its

remedy and making clear that failure to remedy may result

in termination;

21.2.3. If the other party becomes insolvent.

21.3. We, but not you, may terminate this Agreement and/or any

Services at any time and for any reason whatsoever by giving you

reasonable notice of such termination. Unless termination is for

your breach of an obligation under this Agreement or any Specific

Terms, we will refund you a proportion of the fees representing the

number of paid-for days of Services that you will not be receiving

due to termination.

21.4. Termination of this Agreement (or of any element of it) shall not

affect any rights, obligations or liabilities of either party that have

accrued before termination or that are intended to continue to have

effect beyond termination.

22. MISCELLANEOUS TERMS

22.1. Persons who are not a party to this Agreement shall not have any

rights under this Agreement.

22.2. If any part of this Agreement is found to be invalid or unenforceable

by any court, such invalidity or unenforceability shall not affect the

other provisions of this Agreement and such other provisions shall

remain in full force and effect.

22.3. If either of us fails to exercise a right or remedy that it has or which

arises under this Agreement, such failure shall not prevent us from

exercising that right or remedy subsequently for that or any other

incident.

22.4. A waiver of any breach or provision of this Agreement shall only be

effective if made by email or in writing.

22.5. You may not assign nor transfer any part of this Agreement without

obtaining our consent in writing or by email beforehand.

CANCELLATION / COMMITMENT:

23. The Agreement represents a commitment of a minimum of 12 months. To cancel your hosting with us, you will need to give us 2 months written notice, and settle any remaining fees for the current 12 month period.