Terms and Conditions – HostSys UK

You indicate acceptance of these terms and conditions of service by placing an order with HostSys UK. These terms and conditions will not be varied for individual customers.

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HostSys UK (formerly operating as Sky UK Networks / sky.uk.net since 2010) is an established UK hosting provider. Our servers and offices are physically located in the UK to provide instant support and fast download speeds for your website. Our data centres are optimised to provide a quality web hosting experience to all our valuable clients.

1. Definitions

1.1 In this Agreement, the following words and expressions shall have the following meanings:

1.1.1 “downtime” means any service interruption in the availability to visitors of the website;
1.1.2 “intellectual property rights” means patents, trademarks, design rights, applications for any of the copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;
1.1.3 “IP address” stands for internet protocol address which is the numeric address for the server;
1.1.4 “ISP” stands for the internet service provider;
1.1.5 “server” means the computer server equipment operated by HostSys UK in connection with the provision of the Services;
1.1.6 “the Services” means web hosting, domain name registration, email and any other services or facilities provided by HostSys UK.
1.1.7 “spam” means sending unsolicited and/or bulk emails;
1.1.8 “virus” means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user’s files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as “worms” or “trojan horses”;
1.1.9 “visitor” means a third party who has accessed the website.

1.2 Product specifications and details may be found at hostsys.co.uk.

1.3 Words denoting the singular shall include the plural and vice versa and words meaning any gender shall include all genders.

1.4 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.

2. Introduction

2.1 The Customer wishes to provide HostSys UK with data that will be hosted on HostSys UK’s servers and made accessible via the Internet.

2.2 HostSys UK provides web hosting services and has agreed to host the customer’s data upon the following terms and conditions.

3. Duties

3.1 HostSys UK shall provide to the Customer the Services specified in their order subject to the following terms and conditions.

3.2 The Customer shall deliver to HostSys UK the website and the software used in the website which is owned by the customer, or licensed to him by a third party or HostSys UK (“the Customer Software”), in a format specified by HostSys UK.

4. Charges, Payment and Money-Back Guarantee

4.1 Payment methods include credit cards (including MasterCard and Visa), debit cards (including Switch/Maestro) and direct debits.

4.2 HostSys UK does not accept cheques, bank transfers, postal orders, cash or any other form of payment other than those outlined in 4.1.

4.4 HostSys UK shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when the invoice becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.

4.5 HostSys UK does not provide credit facilities.

4.6 From time to time, HostSys UK may make enquiries on the Customer’s company, proprietor or directors of the Customer’s company with credit reference agencies. These agencies may record that a search has been made, and share this information with other businesses.

4.7 HostSys UK provides “Money-Back Guarantees” on certain products. Should your product qualify for this guarantee please raise a support ticket within 30 days of placing your order for a full refund. This guarantee excludes e-commerce packages and domain names which may not be cancelled once ordered. Customers are limited to using the money-back guarantee once.

4.8 Pro-rata refunds will not be issued for yearly services that are cancelled before the end of the year.

4.9 Should your chosen payment method fail, HostSys UK will attempt to settle your invoice using any other payment facilities available on your account.

4.10 All services will renew until cancelled by the customer. HostSys UK emails the customer’s primary email address before the renewal of services, and it is the customer’s responsibility to cancel services before renewal as no refund can be made once renewal has occurred. Customers must notify us at least 72 hours before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by you before your account is cancelled.

4.11 HostSys UK can discontinue its services anytime, and we do not take any responsibility for any kind of data loss including databases, files, emails and any storage.

4.12 We only offer refunds to our paid hosting accounts.

4.13 Free web hosting is on an ‘AS IS’ basis and can be discontinued at any time without any notice. If we terminate this service, we will not answer any issues related to this.

4.14 If we discontinue our Free Web Hosting we will only offer alternatives to those who have purchased something from us.

4.15 We only offer refunds for up to 10 web hosting packages. If you have more than ten packages and decide to cancel all the packages, you will only get a refund of your ten most recent web hosting packages.

5. IP Addresses

5.1 HostSys UK shall maintain control and ownership of the IP address that is assigned to the customer as part of the Services and reserves the right in its sole discretion to change or remove all IP addresses.

5.2 Where HostSys UK changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the customer.

6. Software Licence and Rights

6.1 If the Customer requires the use of software owned by or licensed to HostSys UK (“HostSys UK’s software”) to use the Services, HostSys UK grants to the customer and its employees, agents and third party consultants and contractors, a royalty-free, worldwide, non-transferable, non-exclusive licence to use HostSys UK Software in object code form only, under the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the customer any right, title, interest or intellectual property rights in HostSys UK Software.

6.2 With HostSys UK’s obligations under this agreement in connection with the provision of the Services, the Customer grants to HostSys UK a royalty-free, worldwide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or with the website (“the Content”). For the avoidance of doubt, this Agreement does not transfer or grant to HostSys UK any right, title, interest or intellectual property rights in the Customer Software or the Content.

6.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license, or sublicense HostSys UK Software.

6.4 HostSys UK may make such copies of the Customer contents as may be necessary to perform its obligations under this Agreement, including backup copies of the content. Upon termination or expiration of this Agreement, HostSys UK shall destroy all such copies of the content and other materials provided by the customer.

7. Service Levels and Data Backup

7.1 HostSys UK shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time, but because the Services are provided through computer and telecommunications systems, HostSys UK makes no warranties or representations that the service will be uninterrupted or error-free, and HostSys UK shall not, in any event, be liable for interruptions of service or downtime of the server.

7.2 HostSys UK carries out data backups for use by HostSys UK in the event of systems failure. HostSys UK does not provide data restoration facilities for individual customers. Even though every effort is made to ensure that data is backed up correctly, HostSys UK accepts no responsibility for data loss or corruption.

8. Acceptable Use Policy

8.1 The website and use of the Services may be used for lawful purposes only, and the customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular, the customer agrees not to:

8.1.1 use the Services or the website in any way to send unsolicited commercial email or “spam”, or any similar abuse of the Services;
8.1.2 send an email or any electronic message with the intention or result of affecting the performance of any computer facilities;
8.1.3 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the website;
8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
8.1.5 engage in illegal or unlawful activities through the Services or via the website;
8.1.6 make available or upload files to the website or to the Services that the customer knows contain a virus, worm, trojan or corrupt data; or
8.1.7 obtain or attempt to get access, through whatever means, to areas of HostSys UK’s network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
8.1.8 operate or attempt to use IRC bots or other permanent server processes.

8.2 The Customer has full responsibility for the content of the website. For the avoidance of doubt, HostSys UK is not obliged to monitor and will have no liability for, the content of any communications transmitted under the Services.

8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1, HostSys UK shall be entitled to withdraw the Services and terminate the customer’s account without notice.

9. Alterations and Updates

All alterations and updates to the website shall be made by the customer using the online account management facility, FTP access or SSH access where available. The customer will be issued a user name and password to access the account. The customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the customer reasonably believes that this information has become known to any unauthorised person, the customer agrees to inform HostSys UK immediately, and the password will be changed.

10. Warranties

10.1 The Customer warrants and represents to HostSys UK that HostSys UK’s use of the Content or the Customer Software under this Agreement will not infringe the intellectual property rights of any third party and that the customer has the authority to license the Content and the Customer Software to HostSys UK as set out in Clause 6.2.

10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, HostSys UK shall not be liable to the customer as a result of any viruses introduced or passed on to the customer.

11. Indemnity

The customer agrees to indemnify and hold HostSys UK and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses with any claims or actions brought against HostSys UK arising out of any breach by the customer of the terms of this Agreement or other liabilities arising out of or relating to the website.

12. Limitation of Liability

12.1 Nothing in these terms and conditions shall exclude or limit HostSys UK’s liability for death or personal injury resulting from HostSys UK’s negligence or that of its employees, agents or sub-contractors.

12.2 The entire liability of HostSys UK to the customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

12.3 In no event shall HostSys UK be liable to the customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable, or HostSys UK had been made aware of the possibility of the customer incurring such a loss.

13. Term and Termination

13.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.

13.2 HostSys UK shall have the right to terminate this Agreement with immediate effect by notice in writing to the customer if the customer fails to make any payment when it becomes due.

13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:

13.3.1 the other party commits a material breach of this Agreement and, in the case of a violation capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
13.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
13.3.3 the other party passes a resolution for winding up (other than for solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
13.3.4 the other party ceases to carry on its business or substantially the whole of its business; or
13.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

13.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.

13.5 On termination, all data held in the customers’ accounts will be deleted.

14. Assignment

14.1 HostSys UK may assign or otherwise transfer this Agreement at any time.

14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without HostSys UK’s prior written consent.

15. Force Majeure

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, virus spread, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in the manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

16. Severance

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid, illegal or unenforceable provision eliminated.

17. Notices

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 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 to 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.

18. Entire Agreement

This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.

19. Governing Law and Jurisdiction

This Agreement shall be governed by and construed under the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

20. Domain Name Registration

20.1 Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top-level domain name registrar. If a domain name is unavailable when we attempt to register it for you, we will provide a full refund for that domain name if we were unable to register or renew it for you.

20.2 Please return to the main terms and conditions area of this website to view the terms and conditions for individual domain name registrars.

21. Scripting

HostSys UK is not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.

22. Privacy

We collect information about you to process your order and remind you when your renewals are due. We will not sell or give away your email details to any email marketing company that will use it for the sole purpose of spam or otherwise. All our prices are available on our website, and we do not send any promotional emails. The personal information which we hold will be held securely under our internal security policy and the law.

23. Data Transfer

23.1 Web hosting accounts include a certain amount of data transfer. If you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.

23.2 Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or CGI scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, .net domain name registration, .org domain name registration, cheap web domain and hosting, free transfer domain name, hosting package including a free domain, subdomain or directory.

24. Server Usage

Should your account use more than 5% of the server’s processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.

25. Affiliate Programme

Commission earned via the affiliate programme will only be paid by using a valid direct debit/credit mandate on your account. It is the customer’s responsibility to ensure they have this facility. In the event of the customer not being able to obtain this facility, then no commission will be paid.

26. Email Newsletter

HostSys UK communicates with its customers via email, and as such you agree to receive by email our regular newsletter which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our products & features and special offers.

27. Web Space Usage

Unlimited webspace is available for genuine website content, and content must be linked to web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good housekeeping when maintaining their accounts.

28. Mailboxes

Mailboxes not accessed for 100 days or more will be deleted from the system.

29. Website Contents

29.1 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.
29.2 You will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trademark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

29.3 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.

29.4 You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.

29.5 We reserve the right to remove any material which we deem inappropriate from your website without notice. We do not host Warez or illegal MP3 content (i.e. you may only upload MP3s or software if you own the copyright or the rights to distribute the material). We also do not host adult material of any nature.

29.6 You shall keep secure any identification, password and other confidential information relating to your account. You 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 security information.

29.7 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.

29.8 You shall procure that all mail is sent under applicable legislation (including data protection legislation) and in a secure manner.

29.9 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.

29.10 Users that abuse the network, such as mass unsolicited email (spam), illegal content, fraud, or payment evasion, will have their name, website address, details of the abuse and IP number posted on our “name and shame” forum to aid other hosts and our resellers in refusing you future accounts. Under all circumstances, we will inform your ISP of your actions and if necessary legal and police departments. We will not tolerate any abuse of our network, and abuse will be punished to the fullest extent allowable under law.

29.11 You will not host a site against any religion.

30. Refund / Cancellation Policy

30.1 HostSys UK provides a refund on certain products. Should your product qualify for this guarantee please raise a support ticket within 30 days of placing your order for a full refund. This guarantee excludes e-commerce packages and domain names which may not be cancelled once ordered. Customers are limited to using the money-back guarantee once.

30.2 Pro-rata refunds will not be issued for yearly services that are cancelled before the end of the year.

31. Delivery Policy

31.1 All our products are delivered electronically. We do not physically send or receive any items.