Terms and Conditions
Last updated: 6th May 2010
You indicate acceptance of these terms and conditions of service by placing an
order with Impression Internet.
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 "Impression Internet" means Impression Internet
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 Impression
Internet 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 Impression Internet.
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://www.impressioninternet.co.uk
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 Impression Internet with data that will be
hosted on Impression Internet's servers and made accessible via the Internet.
2.2 Impression Internet provides web hosting services and has agreed to host the
Customer's data upon the following terms and conditions.
3. DUTIES
3.1 Impression Internet 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 Impression Internet the website and the
software used in the website which is owned by the Customer, or licensed to him
by a third party or Impression Internet ("the Customer Software), in a format
specified by Impression Internet.
4. CHARGES AND PAYMENT
4.1 Payment methods include credit cards (including MasterCard and Visa), debit
cards (including Switch/Maestro) and direct debits via PayPal or Google
Checkout. Cheque payments are also accepted for yearly hosting packages.
4.2 Impression Internet do not accept postal orders, cash or any other form of
payment other than those outlined in 4.1
4.3 VAT is not currently applicable to items you purchase.
4.4 Impression Internet 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 payment 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 Impression Internet do not provide credit facilities.
4.6 From time to time Impression Internet may make enquiries on the Customers
company, proprietor or directors of the Customers company with credit reference
agencies. These agencies may record that a search has been made and share this
information with other businesses.
4.8 Pro-rata refunds will not be issued for yearly services that are cancelled
before then end of the year.
4.9 Should your chosen payment method fail Impression Internet 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. Impression
Internet 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 Impression Internet 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 Impression Internet 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 Impression
Internet("Impression Internet's software") in order to use the Services,
Impression Internet 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 Impression Internet 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 Impression Internet Software.
6.2 In relation to Impression Internet's obligations under this Agreement in
connection with the provision of the Services, the Customer grants to Impression
Internet 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 Impression
Internet 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 Impression Internet Software.
6.4 Impression Internet 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,
Impression Internet 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 Impression Internet 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 by means of computer and telecommunications systems,
Impression Internet makes no warranties or representations that the Service will
be uninterrupted or error-free and Impression Internet shall not, in any event,
be liable for interruptions of Service or downtime of the server.
7.2 Impression Internet carries out data backups for use by Impression Internet
in the event of systems failure. Impression Internet do not provide data
restoration facilities for individual customers. Even though every effort is
made to ensure data is backed up correctly Impression Internet accepts no
responsibility for data loss or corruption.
7.3 It is the Customer's responsibility to backup their website files regularly
either by FTP or using the Backup facility available in the Customer's online
control panel.
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
Impression Internet'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, Impression Internet 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 Impression Internet 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 Impression Internet and the password will
be changed.
10 WARRANTIES
10.1 The Customer warrants and represents to Impression Internet that Impression
Internet'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 Impression Internet 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, Impression Internet 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 Impression Internet 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 Impression Internet 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 Impression
Internet's liability for death or personal injury resulting from Impression
Internet's negligence or that of its employees, agents or sub-contractors.
12.2 The entire liability of Impression Internet 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 Impression Internet 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 Impression Internethad 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 Impression Internet 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 Impression Internet 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 Impression Internet'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. 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
Impression Internet will provide a full refund for that domain name.
20.2 Please return to the main terms and conditions area of this website to view
terms and conditions for individual domain name registrars.
20.3 If the Customer attempts to transfer a domain name to us you
must be the registered owner. If the Customer is not the registered
domain name owner and cannot complete the transfer the Customer will
be charged the full domain name transfer fee despite the transfer
failure.
21. SCRIPTING
Impression Internet 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. EMAIL NEWSLETTER
Impression Internet 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.
26. 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.
27. MAIL BOXES
Mail boxes not accessed for 100 days or more will be deleted from the system.