You must not use the service for transmission of illegal material.
You agree to refrain from uploading to your hosting service, sending or receiving any materials which may be deemed to be offensive,abusive, indecent, defamatory, obscene, menacing or otherwise as prohibited by current and future statutes in force in England and Wales, in the server location where you have chosen to host your site,or in the jurisdiction of the network provider who provides the underlying network infrastructure (see Appendix A). It is the user’s sole responsibility to ensure this. Storage, distribution of or transmission of illegal materials may lead to investigation and possible prosecution by the relevant authorities. In particular you: 7.2.1 must not gain or attempt to gain unauthorised access to any computer systems for any purpose.Such action may lead to criminal prosecution under the Computer Misuse Act; 7.2.2 must not send data to the internet using forged addresses or data which is deliberately designed to adversely affect remote machines (including but not limited to denial of service (DDoS), worms and viruses, trojans and ping storms); 7.2.3 must ensure that local PCs and network connected servers are not configured to allow open relay and must not participate in the sending of unsolicited bulk email (commonly referred to as ‘spam’,’UBE’,’UCE’ ); 7.2.4 are prohibited from running ‘port scanning’ or other software intended to probe, scan, test the vulnerability of or access remote systems or networks except in circumstances where the remote user has given express permission for this to be done. We may ask for evidence of such permission; 7.2.5 must take all reasonable steps to ensure that your password and login credentials remain confidential;
7.3 You agree to refrain from sending or receiving any material which may be in breach of copyright(including Intellectual Property Rights), confidence, privacy or other rights. If you are in any doubt as to the legality of what you are doing, or propose to do, you should take independent legal advice.
Open proxy servers are not permitted under any circumstances and will result in immediate termination of service.
Sites must not contain ‘hateful’ material or content which seeks to incite hate.
Sites must not contain images, videos, depictions or descriptions of pornography which is unlawful or which is deemed to be distasteful at our sole discretion.
Sites must not contain ‘warez’, copyrighted music/videos or links to such content. It is your sole responsibility of the user to ensure that they have the rights to distribute any content displayed on their website.
Sites must conform to recognised international copyright law.
Registration of domain names.
You are responsible for ensuring that the registration of a domain name and the manner in which it is to be used, either directly or indirectly; will not infringe any third party rights, including third party intellectual property rights; is not being made in bad faith or could otherwise be considered to be an abusive registration under the dispute resolution procedures or policies of any relevant registry or of ICANN; and will at no time be used for an unlawful purpose whatsoever. You accept and consent to us making your registration details in relation to your Domain available to third parties including ICANN and the applicable registry for the Domain as applicable including to law enforcement and governmental bodies as required by law.
You agree that on transferring ownership of a registered Domain to another person or registering a Domain on behalf of another person (the “Transferee”) you will confirm and prove that the Transferee agrees in writing to be bound by the terms of this Agreement at our request.
We will not transfer ownership of a Domain until all Fees attributable to the services associated with the account, which are due have been paid by you to us.
In the event that we receive a complaint in regards to trademark / brand infringement, we have the right to place a Domain on hold. We shall take this action if in receipt of a decision from a Domain Dispute Resolution and/or a settlement agreement between the parties concerned. Any renewal payments must be paid to us by you.
In the event of receiving documentation which matches the WHOIS details, we reserve the right to lock the domain and place a registrar hold on it. We shall not move the Domain from this status until we are satisfied that the dispute has been resolved between the parties concerned, with documentation provided to us proving the same.
We undertake to take any action required under the provisions of the Regulation of Investigatory Powers Act and will fully cooperate with the appropriate UK authorities
8.ACCEPTABLE EMAIL USAGE
We provide the ability to send e-mail using SMTP. This is designed for day-to-day communication needs. All outbound mail is scanned by a cloud-based spam filtering system.
We have a zero-tolerance policy against spam and the sending of bulk, unsolicited e-mail is prohibited at all times. Customers who abuse the email service will be notified that their behavior is unacceptable and may have their accounts suspended, terminated or blocked.
By purchasing the services you agree to the following: 8.3.1 not to send emails that might cause annoyance, inconvenience or anxiety to a recipient; 8.3.2 not to send any emails likely to cause distress or any material which is offensive, indecent,obscene, menacing or in any way unlawful; \
8.3.3 to have a clear opt out policy in all newsletter communications; 8.3.4 not to use our mail services or network to send email to any user who does not wish to receive it; 8.3.5 not to use our mail services or network to send unsolicited email, in bulk (commonly known as‘spam’) or individually; 8.3.6 not to use our mail services or network with intent to deprive others of service (‘mail bomb’); 8.3.7 not to use false mail headers or alter the headers of mail messages in such a way as to conceal the identity of the sender; 8.3.8 not to use any email address that you are not authorised to use; 8.3.9 to ensure that any email servers connected to our network and operated by you are not configured to allow ‘open relay’; 8.3.10 to take full responsibility for your own email reputation; 8.3.11 not to take any action that would put you or us in breach of obligations under the General Data Protection Regulations or Data Protection Act 2018.
9.ACCEPTABLE WEB USAGE
Web usage includes the use of web space provided with client accounts, web hosting on our servers and the use of web services and space on dedicated servers. We do not monitor content on any web space maintained by customers (whether shared served space or dedicated services). We bear no responsibility for the content of your website.
It is your sole responsibility to ensure that the content and materials on any website owned or operated by you contains material that you have created or have permission to use.
It is your sole responsibility to resolve any dispute involving Copyright or Intellectual Property Rights associated with your website or web service. You agree to indemnify Snappy Host against all costs,including legal costs, of defending any claim against us from any third party regarding your use of copyright or intellectual property rights in relation to any claims made against you or us Worldwide.
You must not use your website or web service to promote or distribute any material or content that is illegal (under any current or future legislation) in either the UK or any other jurisdiction in which your website or web service is operational. You should be aware that the internet is a global communications network and what may be legal in the UK may be illegal elsewhere and leave you liable to prosecution in another country.
9.5 Legal adult content as defined by UK law is allowed on our servers however you must inform us in advance of placing any order with us as we will host your site on a separate IP to prevent any SEO implications for other clients.
If you are not located in the UK and intend to upload adult content of any type onto your website or web service you must contact us prior to placing any order. We reserve the right to decline to offer our services at our absolute discretion.
We reserve the right to undertake investigation of content services if potential abuse is brought to our attention and to remove any web page on our servers at any time and for any reason. Any accounts found to be abusive, contain illegal content or otherwise break our terms of service will be liable for immediate termination.
10.YOUR RIGHTS TO END THE CONTRACT
Ending your contract with us as a standard service user.
You may terminate your contract with us by cancelling the service in advance of the renewal date (by 11.59pm GMT on the day before renewal is due) through the client area at https://my.snappyhost.co.uk. You may also raise a support ticket with us up to 24 hours before renewal.
Ending your contract with us as a dedicated server user.
As a dedicated server user you can terminate your with us by given notice of termination in writing at least 24 hours in advance of the next billing date.
Refunds of prepaid months. We offer a low cost service, with significant discounts available for prepayments. If you cancel before your service end date you will not be entitled to a refund of monies paid.
If the services you have paid for are faulty or misdescribed you may have a legal right to end the contract or to get the service re-performed or to get some or all of your money back. You must inform us in writing of the reasons why you say that the services are either faulty or misdescribed. We will respond to any complaint within 28 days of receipt and inform you whether a refund will be administered.
If you have just changed your mind about the product we will offer a “60 day no quibble money back guarantee”. You must notify us within 60 days of opening your Snappy Host shared hosting account that you wish to cancel. You will then receive a full refund for the money paid to the date of termination, minus the domain registration fees which are non-refundable. This guarantee does not apply to dedicated server products, domain name registrations, renewals or transfers.
Inappropriate or illegal activity.
If your account is found to contain illegal activity, illegal mp3 files,pirated software, hacker programs, warez programs, or any other illegal files, your account will be suspended immediately. Failure to remove the offending content will result in your account being terminated and no refunds will apply, including for the avoidance of doubt, the guarantee referred to in clause 9.5.
Processing of refunds.
Any refund will be processed within 7 working days of receipt.
Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For most products bought online if you are a Consumer within the meaning of those regulations you have a legal right to change your mind within 14 days and receive a refund. You do not have the right to change your mind in respect of digital products after you have started to download or stream these; services, once these have been completed, even if the cancellation period is still running; sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them.
11.HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
Tell us you want to end the contract. To end the contract with us, please log into my.snappyhost.co.uk, view the product, and then raise a cancellation request. Please fill out the reason for the cancellation. If you qualify for a refund under the money back guarantee under Clause 10.5 above, please request this in the cancellation notes.
12.OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it
. We may end the contract at any time by writing to you if: 12.1.1 you do not make any payment to us when it is due. 12.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;
You must compensate us if you break the contract.
If we end the contract in the situations set out in Clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may withdraw the services.
We may write to you to let you know that we are going to stop providing the services. We will let you know at least 30 days in advance of our stopping the supply of the services and will refund any sums you have paid in advance for services which will not be provided.
13.PRICE AND PAYMENT
Where to find the price for the service.
The price of the service will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the service advised to you is correct. Where VAT is applicable (based on your location and the services you order) it shall be detailed on the order steps. However please see Clause 10.3 for what happens if we discover an error in the price of the product you order.
We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the service, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
Changes in the price.
We reserve the right to alter the prices advertised on our website and fees at any time. We will provide written notice of any changes via email to the email address provided by you to us when registering your account. In most cases, changing the price on the website for new customers will not affect the price for existing customers. If your contract is for a fixed term, the price alteration will take effect at the end of the current term and at the time of renewal.
What happens if we got the price wrong?
It is always possible that, despite our best efforts, you are provided with the incorrect price for our service. If the correct price is less than the stated amount will amend the price and refund any difference to you. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
When you must pay and how you must pay.
We accept payment by most major credit and debit cards, direct debit, PayPal, bank transfer and cheque. When you must pay depends on what product you are buying. You warrant that you are lawfully authorised to make a payment using the payment card or facility used. In the event that you are not the named cardholder, you will indemnify us in the event that the cardholder or issuer declines any transaction for payment, including our costs in recovering the outstanding amount due.
If a charge back is incorrectly made against your account, we reserve the right to suspend and/or terminate your account until reimbursed and a £50/$80 administration fee will be charged.
Payment due at time of order.
You agree to pay all amounts due for services at the time you order them. All amounts are non-refundable unless otherwise stated in clause 7 above
Invoices will be sent in advance of payment due.
Invoices will be sent to the email address provided by you to us when registering your account. You can see your email history and view all invoices my.snappyhost.co.uk
We can charge interest if you pay late.
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
What to do if you think an invoice is wrong
. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15.OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example,if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation
15.3 We shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going offline or being unavailable for any reason whatsoever. Furthermore, we shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of our servers; loss of service or any costs incurred due to a configuration or service issue resulting from our provided services. All damages shall be limited to the immediate termination of service.
We are not liable for business losses.
If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limit of liability.
Save where you are acting as a Consumer within the meaning of the Consumer RightsAct 2015 our aggregate liability shall be limited to twice the fees paid by you for the services in relation to which your claim arises during the 12 month period prior to the claim.
16.HOW WE MAY USE YOUR PERSONAL INFORMATION
How we may use your personal information.
17.OTHER IMPORTANT TERMS
We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 10 days of us telling you about it and we will refund you any payments you have made in advance for any complete month of service not provided.
17.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. Transfer requests can be made via support ticket in my.snappyhost.co.uk
Nobody else has any rights under this contract.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. For example, if you miss
a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.