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
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
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.
2.1. In these Terms, certain words and phrases have defined meanings:
Word or Phrase Meaning
Agreement These Standard Terms & Conditions,
together with any Specific Terms;
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;
Copyright, database right, patents,
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
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
Software Any software that we provide to you under
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
you; your The customer.
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
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
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.
4.1. 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
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
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.
9.1. 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
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
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.
11.1. Where we licence Software owned by third parties to you, you
agree that you shall comply with any licence terms of such third
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.
13.1. 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
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
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
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
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
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
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
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 email@example.com;
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
19.2. We shall both bear our own costs for elements of the dispute
resolution procedure up to the involvement of the courts under
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
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
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
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.