Designer Hosting Terms Of Business

All Users of services provided by Designer Hosting Ltd (the "Host" which expression will include it subsidiaries, agents and sub-contractors), by use of such services, accept the terms of business set out in the form of service agreement which follows, irrespective of the mode or manner of ordering employed by the User when ordering the services.

Important Note on Spamming

Spamming, or the sending of unsolicited email, from a Designer Hosting Limited server or using an email address that is maintained on a Designer Hosting Limited machine is STRICTLY PROHIBITED.

SLA

Designer Hosting guarantees network availability of 99.9% in a given month (43.2 minutes downtime per month), excluding scheduled maintenance. Network is considered unavailable if there is a 100% packet loss from Designer Hosting to its backbone providers. We will refund customers 5% of the monthly fee for each additional hour of downtime (up to 100% of customer's monthly fee). Network infrastructure is all equipment, from the cable connected to the server's NIC to the backbone provider, and includes routers, switches and cabling. Downtime is measured past 10 minutes after notification of network failure, via an email to technical support or a log on the online ticketing system. If the email or online support is unavailable technical support must be called and Designer Hosting personnel will determine end of downtime by a traceroute to the customer's machine from outside Designer Hosting.

1. Hosting Service Description

The Host is an Internet service provider with server computers ("Server") integrated into the World Wide Web via the Internet and offers hosting services to Hosts.

The Client wishes to host its Web site ("Web site") on the Host's Server and connect to the Internet via such Server upon the terms and subject to the conditions of this agreement.

2. Hosting Fees and Related Charges

3. Hosting Conditions and Client Undertakings

(a) The Client undertakes to pay the fees and charges specified herein in a timeous manner
(b) The Client undertakes to comply with the Host's Code of Conduct and acknowledges and agrees that the Host is entitled at any time and without notice to remove the Web site from its Server and/or bar access to the same in the event of any violation or alleged or suspected violation of such Code of Conduct or if otherwise authorised so to do by a competent law enforcement agency.
(c) The Client undertakes that any material contained in or linked to its Web site and (if applicable) contained in its discussion group, chat room or bulletin board ("Material") must comply with the following basic standards:

(i) All information and activities must be legal, decent and honest (in terms of English law and standards);
(ii) Data protection legislation within the United Kingdom law must be adhered to in order that the collection of personal information is not traded or disclosed illegally

(iii) Distance selling requirements as relate to on-line activities must be complied with as laid down in the [the Client's applicable] law;

(iv) Other applicable trading standards and laws and regulations as the same are created from time to time and notified to the Client.

(d) The Client undertakes to comply with generally accepted principles of Internet usage (whether governed by the laws of any jurisdiction or not) including:

(i) refraining from sending "spam mail" (i.e. unsolicited mass communications);
(ii) never sending mail bombs, trojan horses, viruses or other disruptive programs or devices;
(iii) never pirating or otherwise illegally copying software or other proprietary material;
(iv) never violating the security of any Web site or engaging in unauthorised decryption of protected material.

4. Specific Responsibilities of Client

(a) The Client is solely responsible for the accuracy, legality, currency and compliance of its own Material and Web site and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.

(b) The Client is solely responsible for maintaining the confidentiality and security of its Internet account and usage including use of its unique logon ID.

(c) The Client acknowledges and agrees that the Host may be required by a law enforcement agency to monitor Web site content and traffic and if necessary give evidence of the same together with use of the logon ID to support or defend any dispute or actionable cause or matter which arises in relation to the same.

5. Indemnity and Waiver

(a) The Client agrees to indemnify and keep indemnified the Host, their successors and assigns, and each of their respective directors, officers, employees and agents (collectively "Host") from and against any and all liability, damages, losses, claims ( including reasonable legal fees) resulting in any way from its use of and from any Material posted on this Web site, to its discussion groups or from any other matter relating to this Agreement including but not limited to use of the information contained on the Web site, from discussion groups or arising from any introduction or collaboration resulting therefrom or otherwise arising from the Web site.

(b) The Client waives any right to bring any claim or action against the Hosts for any loss, damage or injury arising from use of the Web site or any Material from the Web site or from the Code of Conduct.
6. Exclusion of Warranties

(a) The Host does not warrant that the Hosting Service or the Server will be continuously available 24 x 7 x 365 but will use its reasonable endeavors to keep downtime to a minimum. The host guarantees an uptime of 99.9%

b) The Client accepts the Hosting Service and Server "AS IS" with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, continuity of service, connectivity, merchantability, fitness for a particular purpose or non-infringement.

7. The Host's Liability

(a) The Host shall not be liable to the Client for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this Agreement, the Server, the connectivity to the Internet, the Hosting, the Web site, any software (including Bespoke Software), its use, application, support or otherwise, except to the extent to which it is unlawful to exclude such liability.

(b) Notwithstanding the generality of (a) above, the Host expressly excludes liability for consequential loss, damage or corruption to the Web site, its software, other software or data, or for loss of profit, business, revenue, goodwill or anticipated savings.

(c) In the event that any exclusion contained in this Agreement shall be held to be invalid for any reason and the Host becomes liable for loss or damage that it may otherwise have been lawful to limit, such liability shall be limited to the Hosting Fee paid by the Client in the year in which the liability occurred.

(d) The Host does not exclude liability for death or personal injury to the extent only that the same arises as a result of the negligence of the Host its employees, agents or authorized representatives.

8. Copyright, Patents, Trade Marks and Other Intellectual Property Rights

(a) The Client acknowledges that any and all of the copyright, trade marks, trade names, patents and other intellectual property rights created, developed, subsisting or used in or in connection with Hosting of the Web site are and shall remain the sole property of the Host and the Client shall, upon completion of the Web site, sign and return any software licence which relates to software required to operate the Web site and which may be attached hereto as the Second Schedule, prior to delivery/transmission of the Web site to the client's ISP. The Client shall not during or at any time after the completion, expiry or termination of this Agreement in any way question or dispute the ownership by the Host thereof.
(b) In the event that new inventions, designs or processes evolve in performance of or as a result of this Agreement, the Client acknowledges that the same shall be the property of the Host unless otherwise agreed in writing by the Host.
(c) The Client shall indemnify the Host fully against all liabilities, costs and expenses which the Host may incur as a result of work done in accordance with the Client's instructions in hosting of the Web site involving infringement of any copyright, patent or other proprietary right (including but not limited to framing or linking to third party Web sites and/or third party proprietary material).

9. Minimum Period of Service

All shared hosting plans do not carry a minimum term and run on a month to month basis which can be cancelled at any time without penalty.

Dedicated Server plans carry a 6 month minimum term of service, after this period the service runs on a month to month basis which can be cancelled at any time.

9. Support and Maintenance

The Host can provide or arrange for the provision of support and maintenance of the Web site and support for the Server and connections to the Internet.

10. Termination

(a) Notwithstanding any other provisions herein contained, and without prejudice to any other rights such party serving notice may have, the Host may forthwith terminate this Agreement by written notice to the Client if any of the following events will occur:

(i) if the Client commits any breach of the terms or conditions of this Agreement including the terms, conditions and provisions of any schedule attached or adopted hereto and fails to remedy such breach (unless it is a breach which entitles the Client to terminate this Agreement immediately or insofar as such breach is not capable of remedy to furnish adequate compensation therefor) within thirty (30) days after receiving written notice requiring it so to do.

(ii) if the Client becomes bankrupt or compounds or makes any arrangement with or for the benefit of its creditors or (being a company) enters into compulsory or voluntary liquidation or amalgamation (other than for the purpose of a bona fide reconstruction or amalgamation without insolvency) or has a receiver or manager appointed of the whole or substantially the whole of its undertakings or if any distress or execution will be threatened or levied upon any equipment and/or software or other property of the party entitled to serve notice hereunder or if the other party is unable to pay its debts in accordance with the law relating to this Agreement.

(b) Within seven (7) days after the date of termination of this Agreement for whatever reason, the Host will destroy all magnetic media, digital and (if any) hard-copy forms of the Web site.

(c) Termination of this Agreement will be without prejudice to any accrued rights of either party and will not affect obligations which are expressed not to be affected by expiry or termination hereof.

11. Assignment

This Agreement will not be assigned by the Client whether voluntarily or involuntarily or by operation of law in whole or in part to any party without the prior written approval of the Host.

12. Force Majeure

Neither party will be under any liability to the other in any way whatsoever for destruction, damage, delay or any other matters of that nature whatsoever arising out of war, rebellion, civil commotion, strikes, lock-outs and industrial disputes, fire, explosion, earthquake, acts of God, flood, drought, or bad weather or the requisitioning or other act or order by any Government department, council or other constituted body.

13. Notices

Any notice required or permitted under the terms of this Agreement or required by statute, law or regulation will (unless otherwise provided) be in writing and will be delivered in person, sent by facsimile or registered mail (properly posted and fully prepaid in an envelope properly addressed) or sent by facsimile or by e-mail to the respective parties as follows:

14. Waiver

Failure or neglect by the Host to enforce at any time any of the provisions hereof will not be construed nor will be deemed to be a waiver of the Host's rights hereunder nor in any way affect the validity of the whole or any part of this Agreement nor prejudice the Host's rights to take subsequent action.

15. Headings

The headings of the terms and conditions herein contained are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or the interpretation of any of the terms and conditions of this Agreement.

16. Severability

In the event that any of these terms, conditions or provisions or those of any schedule or attachment hereto will be determined by any competent authority to be invalid, unlawful or unenforceable to any extent such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17. Law

The parties hereby agree that this Agreement and the provisions hereof will be construed in accordance with English Law.