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Terms of Service

These terms cover all services provided by:
Netmediasolutions,
Netmediahosting
Netmediadesigns
123-hosts

 

You indicate acceptance of these terms and conditions of service by placing an order with NetMediaSolutions or 123-Hosts.
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 “NetMediaSolutions” means and includes all companies trading under this name

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 NetMediaSolutions in connection with the provision of the Services;

1.1.7 “the Services” means web hosting, web development, domain name registration, email and any other services or facilities provided by NetMediaSolutions.

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://123-hosts.co.uk/more_info_addons.htm

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 NetMediaSolutions with data that will be hosted on NetMediaSolutions servers and made accessible via the Internet.

2.2 NetMediaSolutions provides web hosting services and has agreed to host the Customer’s data upon the following terms and conditions.

3 DUTIES

3.1 NetMediaSolutions 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 NetMediaSolutions the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or NetMediaSolutions (“the Customer Software), in a format specified by NetMediaSolutions.

4 CHARGES ,PAYMENT AND MONEY-BACK GUARANTEE

4.1 Payment methods include Cheques, Bank Drafts BACs Credit Cards (including MasterCard and Visa), Debit Cards (including Switch/Maestro) and Direct Debits and Standing orders.

4.1a NetMediaSolutions do not accept postal orders, cash or any other form of payment other than those outlined in 4.1
4.2 All cheque payments are taken on the basis that clients have a legal binding to make sure there are sufficient funds in their account to meet their liability and on the understanding that any cheque that is not met on representation will incur a £15.00 handling charge.

4.3 All prices quoted are inclusive of VAT, unless stated otherwise and if payable shall be paid by the Customer.

4.4 NetMediaSolutions 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 £2.50 per week from time to time in force.

4.4a NetMediaSolutions shall be entitled to charge a cancellation fee in respect of all orders received or instruction given in respect of services requested then cancelled. The sum due under this Agreement shall not exceed the deposit or 25% of the total cost of the order.

4.5 NetMediaSolutions do not provide credit facilities except by pre-arranged approval.

4.6 From time to time NetMediaSolutions 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 NetMediaSolutions provide “Money-Back Guarantees” on certain products. Should your product qualify for this guarantee please raise a support ticket at http://netmediagroup.co.uk/supportticket/ttx.cgi?cmd=newticket 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.

4.8 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 NetMediaSolutions will attempt to settle your invoice using any other payment facilities available on your account.

4.10 All services will renew automatically until cancelled by the customer. NetMediaSolutions 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 14 days 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.

IP ADDRESSES

5.1 NetMediaSolutions 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 NetMediaSolutions 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 NetMediaSolutions (“NetMediaSolutions’ software”) in order to use the Services, NetMediaSolutions 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 NetMediaSolutions 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 NetMediaSolutions Software.

6.2 In relation to NetMediaSolutions’ obligations under this Agreement in connection with the provision of the Services, the Customer grants to NetMediaSolutions 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 NetMediaSolutions 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 NetMediaSolutions Software.

6.4 NetMediaSolutions 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, NetMediaSolutions 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 NetMediaSolutions 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, NetMediaSolutions makes no warranties or representations that the Service will be uninterrupted or error-free and NetMediaSolutions shall not, in any event, be liable for interruptions of Service or downtime of the server.

7.2 NetMediaSolutions carries out data backups for use by NetMediaSolutions in the event of systems failure. NetMediaSolutions do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly NetMediaSolutions 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 NetMediaSolutions’ 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, NetMediaSolutions 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 NetMediaSolutions 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 NetMediaSolutions and the password will be changed.

10 WARRANTIES

10.1 The Customer warrants and represents to NetMediaSolutions that NetMediaSolutions’ 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 NetMediaSolutions 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, NetMediaSolutions 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 NetMediaSolutions 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 NetMediaSolutions 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 NetMediaSolutions’ liability for death or personal injury resulting from NetMediaSolutions’ negligence or that of its employees, agents or sub-contractors.

12.2 The entire liability of NetMediaSolutions 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 NetMediaSolutions 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 NetMediaSolutions 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 NetMediaSolutions 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.


13.6 
CANCELLATION

13.7 If  you are not satisfied with our services, please let us know, as we build our services around making hosting simple for the customer and want you to be happy. If for some reason we cannot meet your needs, or you simply wish to terminate your service you must notify us in writing, either by email or by using the cancel service tab on your control panel at least 1 week (7 DAYS) before your hosting term ends and Netmediasolutions will discontinue billing your account at the end of your current bill cycle. However if you fail to inform us within the required period then Netmediasolutions shall assume you wish to continue you contract and you will be billed for the next hosting period.
Netmediasolutions reserves the right to charge a transfer fee to any domain holder who wishes to move their domain/hosting facility to another hosting service provider without just cause. This cost of this fee will not exceed £50 per domain and is charged purely at the discretion of NetMediaSolutions or their representative

14 ASSIGNMENT

14.1 NetMediaSolutions 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 NetMediaSolutions’ 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 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.


17.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights

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 NetMediaSolutions 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.

21 SCRIPTING

NetMediaSolutions 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 PROGRAM

Commission earned via the affiliate program 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

NetMediaSolutions 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.

29 DEDICATED SERVER AND VPS PRODUCTS

All Dedicated Servers and Virtual Private Servers can be purchased and renewed on a monthly basis but as there is no initial set-up fee are subject to a 4 month minimum contract.

29.1 Cancellations

By you giving to us at least one week advance written notice through our support ticket system  As part of our cancellation process, we will respond to your request to which you must re-confirm your cancellation. You must re-confirm your cancellation request via our support ticket system or we will continue to supply the relevant Services and your cancellation will be ineffective. Subscriptions for this service must be in an active state. cancellation of your subscription will trigger the cancellation of your service forthwith. You cannot cancel any of your Services by letter, email or telephone. You will not receive any refund of the price you have paid for the Services you have cancelled;


29
.2 By us giving to you at least seven (7) days advanced notice in writing sent to the then current email address registered against your account.

29.3 The monthly cost for Services we supply under Contracts will continue on a month to month basis (under clause 17.1) and shall be charged monthly in advance directly to a credit card, debit card or other payment method registered against your account. Such payment will be taken on the same date of the month as on which the Services had originally commenced ("Payment Date") Only cleared payments will be accepted, we do not accept checks or e-checks (cheques) or (e-cheques) payments made in this way will result in your services being suspended for 5 days without prior warning until your funds have cleared. Unless or until you cancel the Services in accordance with clause 29.1. We will
not provide you with a refund for a cancellation that is part-way through a billing period. Where the Payment Date does not recur in a particular month (e.g., 31 January, but there is no 31 February), you will be charged on the closest preceding date to the Payment Date (e.g., 28 February) for that month.

29.4 Without prejudice to any other right to terminate or suspend the Services we may have under these terms and conditions, our website terms of use  or our acceptable use policy, we may terminate the Contract at any time by giving you seven (70) days advance notice by emailing you at the email address registered against your account. If we cancel the Services, we will refund to you the price you have paid for the Services on a pro-rata basis for the unexpired Minimum Term.

29.5 Notwithstanding anything to the contrary in these terms and conditions, if you are in breach of an obligation of these terms and conditions we may terminate the Contract by one (1) day notice to you and/or, at our absolute discretion, terminate or suspend without notice any individual Services we provide to you from time to time.

29.6 Expiry or termination of the Contract shall be without prejudice to any rights and liability of either of us arising in any way under that Contract as at the date of expiry or termination.