You indicate acceptance of these terms
and conditions of service by placing an order with Patchman Networks.
These terms and conditions will not be varied for individual
customers.
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, trade marks,
design rights, applications for any of the foregoing, 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 "Patchman Networks" means Patchman Networks
1.1.4 "IP address" stands for internet protocol address which is
the numeric address for the server;
1.1.5 "ISP" stands for internet service provider;
1.1.6 "server" means the computer server equipment operated by
Patchman Networks in connection with the provision of the
Services;
1.1.7 "the Services" means web hosting, domain name
registration, email and any other services or facilities
provided by Patchman Networks.
1.1.8 "spam" means sending unsolicited and/or bulk emails;
1.1.9 "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";
1.1.10 "visitor" means a third party who has accessed the
Website;
1.2 Product specifications and details may be found at
http://patchman-hosting.co.uk/packages/
1.3 Words denoting the singular shall include the plural and
vice versa and words denoting 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 Patchman Networks with data
that will be hosted on Patchman Networks's servers and made
accessible via the Internet.
2.2 Patchman Networks provides web hosting services and has
agreed to host the Customer's data upon the following terms and
conditions.
3 DUTIES
3.1 Patchman Networks 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 Patchman Networks the website
and the software used in the website which is owned by the
Customer, or licensed to him by a third party or Patchman
Networks ("the Customer Software), in a format specified by
Patchman Networks.
4 CHARGES ,PAYMENT AND MONEY-BACK GUARANTEE
4.1 We use Paypal as our preferred payment method. From here we
can accept all major credit and debit cards.
4.2 Patchman Networks do not accept cheque, direct debits, bank transfers,
postal orders, cash or any other form of payment other than
those outlined in 4.1
4.3 Our prices are VAT free, no
hidden extras.
4.4 Patchman Networks do not provide credit facilities.
4.5 Patchman Networks provide "Money-Back Guarantees" on certain
products. Should your product qualify for this guarantee please
raise a support ticket at
http://patchman-hosting.co.uk/packages/contact.htm
within 30 days of placing your order for a full refund. This
guarantee excludes domain names which may not be cancelled once
ordered. Customers are limited to using the money-back guarantee
once.
4.6 Pro-rata refunds will not be issued for yearly services that
are cancelled before then end of the year.
4.7 Should your chosen payment method fail Patchman Networks
will attempt to settle your invoice using any other payment
facilities available on your account.
4.8 All services will renew until cancelled by the customer.
Patchman Networks emails the customers primary email address
prior to renewal of services, it is the customers responsibility
to cancel services prior to 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.
5 IP ADDRESSES 5.1 Patchman Networks 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 any and all IP addresses.
5.2 Where Patchman Networks 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 use of software owned by or
licensed to Patchman Networks ("Patchman Networks's software")
in order to use the Services, Patchman Networks grants to the
Customer and its employees, agents and third party consultants
and contractors, a royalty-free, world-wide, non-transferable,
non-exclusive licence to use Patchman Networks Software in
object code form only, in accordance with 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 Patchman Networks Software.
6.2 In relation to Patchman Networks's obligations under this
Agreement in connection with the provision of the Services, the
Customer grants to Patchman Networks a royalty-free, world-wide,
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 in relation to the website
("the Content"). For the avoidance of doubt, this Agreement does
not transfer or grant to Patchman Networks 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 Patchman
Networks Software.
6.4 Patchman Networks may make such copies of the Customer
Content as may be necessary to perform its obligations under
this Agreement, including back up copies of the Content. Upon
termination or expiration of this Agreement, Patchman Networks
shall destroy all such copies of the Content and other materials
provided by the Customer as and when requested by the Customer.
7 SERVICE LEVELS AND
DATA BACKUP
7.1 We will use our
reasonable endeavours to make our servers available to you as
part of the Hosting Service you purchase for ninety-nine point
nine nine (99.99) per cent of each calendar month. We do not
warrant access to our servers will be uninterrupted or error
free but we shall use reasonable endeavours to keep downtime to
a minimum. Patchman Networks shall not, in any event, be liable
for interruptions of Service or downtime of the server. We shall
make all commercially reasonable efforts to provide you with
advanced notification of all scheduled and emergency outages
through the system status page
http://patchman-hosting.co.uk/system-status.php
on our website.
7.2 Patchman Networks carries out data backups for use by
Patchman Networks in the event of systems failure. Patchman
Networks do not provide data restoration facilities for
individual customers. Even though every effort is made to ensure
data is backed up correctly Patchman Networks 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 email or any type of 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 obtain access, through whatever
means, to areas of Patchman Networks'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 operate 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, Patchman Networks is not
obliged to monitor, and will have no liability for, the content
of any communications transmitted by virtue of the Services.
8.3 If the Customer fails to comply with the Acceptable Use
Policy outlined in Clause 8.1 Patchman Networks 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 with a user name and password in order 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
immediately inform Patchman Networks and the password will be
changed.
10 WARRANTIES
10.1 The Customer warrants and represents to Patchman Networks
that Patchman Networks's use of the Content or the Customer
Software in accordance with 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 Patchman Networks 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, Patchman Networks 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 Patchman Networks and
its employees and agents harmless from and against all
liabilities, legal fees, damages, losses, costs and other
expenses in relation to any claims or actions brought against
Patchman Networks 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 Patchman Networks's liability for death or personal injury
resulting from Patchman Networks's negligence or that of its
employees, agents or sub-contractors.
12.2 The entire liability of Patchman Networks 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 Patchman Networks 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 Patchman Networks 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 Patchman Networks 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 breach 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 the purpose of 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 account will
be deleted.
14 ASSIGNMENT
14.1 Patchman Networks 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 Patchman Networks'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, lock outs,
accidents, 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
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 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 2 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 in accordance
with the law of England and the parties hereby submit to the
exclusive jurisdiction of the English courts.
20.1 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. In the event that a domain name is
unavailable when we attempt to register it Patchman Networks
will provide a full refund for that domain name. 20.2 EXPIRED DOMAINS
20.2 In the event that a domain name
is not renewed by its expiry date it shall cease to operate and
shall be deemed to have been “expired”.
A domain name shall expire if Patchman Networks is unable to
take payment via the method stored on your Patchman Networks
account or the customer fails to manually renew the domain name.
It is the customer’s responsibility that the email address
stored on the Patchman Networks account is up to date and is
able to receive renewal reminders from Patchman Networks.
The customer acknowledges that three (3) calendar days after the
date of expiration Patchman Networks may in its sole discretion
carry out the following actions:
Renew
the domain name
Park the domain name on different Name Servers from those set by
the customer including the Patchman
Networks Name Servers
Following expiration of the domain name, the customer
acknowledges that they have up to 16 days to contact Patchman
Networks to retrieve and renew the domain name where applicable
at the registry, and that the customer pays for said renewal.
On receipt of the Renewal Fee by Patchman Networks within the 16
day period, you will retain ownership of the requested domain
and as soon as reasonably practicable we shall restore the
requested domain to your control panel. The customer
acknowledges that 16 calendar days after the date of expiration
Patchman Networks may at its sole discretion carry out the
following actions:
Auction the domain name Change the Contact Details Transfer the domain name
If we do not receive the renewal fee within the 16 day period
stipulated above Patchman Networks may at its discretion
terminate the agreement and change ownership of the requested
domain.
21 SCRIPTING
Patchman Networks are 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
To protect your privacy we will not distribute your details to
third parties, unless required to do so by 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, sub
domain or directory.
24 SERVER USAGE
Should your account use more than 5% of the servers 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 customers 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
Patchman Networks communicates with it's 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 WEBSPACE USAGE
Unlimited web space is available for genuine web site content,
content must be linked into web pages. Customers are prohibited
from using the server as a file/backup repository. Customers are
expected to employ good house keeping when maintaining their
account.
28 MAIL BOXES
Mail boxes not accessed for 100 days or more will be deleted
from the system.