Where the context admits: "We" includes itHosts.com or any
party acting on itHosts 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 this agreement:
| 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
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 such dispute.
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 Server.
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 computer
(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.
2.3.4 you will not employ programs which consume excessive
system resources, including but not limited to processor cycles
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.
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
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 itHosts must
comply with the rules appropriate for those other networks.
2.10 While we will use every reasonable endeavor 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.
| 3. Resellers
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 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.
3.3 No default by your customers shall in any way affect,
modify or limit your obligations under this Agreement.
3.4 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 endeavors 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 subclause,
we shall have the right to cancel the account and terminate
the Services and/or this Agreement immediately.
| 5. Payment
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 itHosts to debit your account renewal fees from
5.3 All payments must be in US Dollars.
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 $35.00.
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. Termination
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 rate refund based upon the remaining period
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 minus the service charges that apply, with the exclusion of
domain name registration, dedicated server and data 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 itHosts.
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. Indemnity
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 subclause 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 whatsoever.
| 9. Notices
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. Headings
10.1 Headings are included in this Agreement for convenience
only and shall not affect the construction or interpretation
of this Agreement.
| 11. Entire Agreement
11.1 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.