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Terms and Conditions July 2011

You indicate acceptance of these terms and conditions of service by placing an order with Forth Hosting (Scotland). 
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	"Forth Hosting (Scotland)" means Forth Hosting (Scotland) is a domain wholly owned by UK Hosting Ltd.

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 Forth Hosting (Scotland) 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 
	Forth Hosting (Scotland).

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,
	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;
1.1.11	"Adult Sites" any content that contravenes UK law will not be accepted and any domain found with such material 
	will instantly be removed from our servers without notice or rights of refund.
1.1.12	"Spam" means any attempts to send phishing spam messages from hosting accounts.
 

1.2	Product specifications and details may be found at http://www.forthhosting.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 Forth Hosting (Scotland) with data that will be hosted on Forth Hosting (Scotland)
	servers and made accessible via the Internet.

2.2	Forth Hosting (Scotland) provides web hosting services and has agreed to host the Customer's data upon the following 
	terms and conditions.

3	DUTIES

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

4	CHARGES ,PAYMENT AND MONEY-BACK GUARANTEE

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

4.2	Forth Hosting (Scotland) do not accept cheques, bank transfers, postal orders, cash or any other form of payment other 
	than those outlined in 4.1

4.3	We do not add VAT to our prices.

4.4	Forth Hosting (Scotland) 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 Scotland from time to time in force.

4.5	Forth Hosting (Scotland) do not provide credit facilities.

4.6	From time to time Forth Hosting (Scotland) 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. 

4.7	Forth Hosting (Scotland) provide "Money-Back Guarantees" on certain products. Should your product qualify for this 
	guarantee please raise a support ticket in your control panel within 30 days of placing your order for a full refund. 
	This guarantee excludes domain names and other services such as VPS virus guard, SSL or any other add-ons 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 Forth Hosting (Scotland) 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. Forth Hosting (Scotland) 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 through your control panel 
	before your account is cancelled.
4.11	"Free domains" must remain hosted by our servers, any requested transfer will incur a transfer fee of £14.95 per 
	domain should you wish to transfer the domain to another server.
4.12	"Special Offers" these are restricted to one per person. "Unlimited domain" hosting is strictly for personal domains 
	only and not for allocating to others.These packages cannot be used to host domains for others or be resold. Only 
	domains owned by the purchaser can be hosted by these packages.
4.13	Forth Hosting (Scotland) do not offer reseller packages and purchasers of our hosting are not licensed to resell our 
	products to others either for free or for profit. Any domains hosted by Forth Hosting (Scotland) will be registered 
	in the name of the domain owner. Any breaches of these restrictions without prior written consent will result in 
	freezing of the whole account.
4.14	"SUPPORT" Forth Hosting Scotland offer personal support to our clients, for hosting and also the software and scripts
	included within the control panel. Forth Hosting (Scotland) offer to quote to repair software configuration and data 
	corruption of externally sourced software, apps and scripts.  


5	IP ADDRESSES

5.1	Forth Hosting (Scotland) 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 Forth Hosting (Scotland) 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 Forth Hosting (Scotland) ("Forth Hosting Scotland
	software") in order to use the Services, Forth Hosting (Scotland) 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 its use. 
	Forth Hosting (Scotland) 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 Forth Hosting (Scotland) Software.

6.2	In relation to Forth Hosting (Scotland obligations under this Agreement in connection with the provision of the Services, 
	the Customer grants to Forth Hosting (Scotland) 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 Forth Hosting (Scotland) any right, title, 
	interest or intellectual property rights in the Customer Software or the Content. Any offer of Google vouchers or any 
	similar voucher offers are subject to the issuer's conditions and it is understood to be outwith the control of 
	Forth Hosting (Scotland)

6.3	The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense 
	Forth Hosting (Scotland) Software.

6.4	Forth Hosting (Scotland) 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, Forth 
	Hosting (Scotland) shall destroy all such copies of the Content and other materials provided by the Customer as and 
	when requested by the Customer. In event of breaches of these conditions, Forth Hosting (Scotland) will not store 
	data in the account and All data will be deleted immediately and without notice. Any breaches of these guidelines,
	conduct likely to break UK or US laws, pornography, or any content that deliberately deceive others or sending 
	unsolicited emails will result in immediate   disconnection and all data will be deleted from the whole account.

7	SERVICE LEVELS AND DATA BACKUP

7.1 	Forth Hosting (Scotland) 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, 
	Forth Hosting (Scotland) makes no warranties or representations that the Service will be uninterrupted or error-free 
	and Forth Hosting (Scotland) shall not, in any event, be liable for interruptions of Service or downtime of the server.

7.2	Forth Hosting (Scotland) carries out data backups for use by Forth Hosting (Scotland) in the event of systems failure. 
	Forth Hosting (Scotland) do not provide data restoration facilities for individual customers. Even though every effort 
	is made to ensure data is backed up correctly Forth Hosting (Scotland) 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", "phishing spam messages" 
	or any similar abuse of the Services; Forth Hosting (Scotland) delete all accounts immediately pertaining to the client 
	who initiates the said breach. All data will also be deleted without notice.

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 Forth Hosting (Scotland)'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, Forth Hosting (Scotland) 
	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.X Forth Hosting (Scotland) 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 Forth Hosting (Scotland) and the password will be changed.

10	WARRANTIES

10.1	The Customer warrants and represents to Forth Hosting (Scotland) that Forth Hosting (Scotland)'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 Forth Hosting 
	(Scotland) 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, Forth Hosting (Scotland) 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 Forth Hosting (Scotland) 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 Forth Hosting (Scotland) 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 Forth Hosting (Scotland)'s liability for death or 
	personal injury resulting from Forth Hosting (Scotland)'s negligence or that of its employees, agents or sub-contractors.

12.2	The entire liability of Forth Hosting (Scotland) 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 Forth Hosting (Scotland) 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 Forth Hosting (Scotland) 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	Forth Hosting (Scotland) 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	Forth Hosting (Scotland) 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 Forth Hosting (Scotland)'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 Scotland and the parties hereby submit 
	to the exclusive jurisdiction of the Scottish 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 Forth Hosting 
	(Scotland) 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

	Forth Hosting (Scotland) 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 which clearly do not fall within 
	the description of our hosting agreement.

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

	Forth Hosting (Scotland) 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	WEB SPACE 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 data and account. Any such material will be deleted without notice and the account suspended.

28	MAIL BOXES

	Mail boxes not accessed for 100 days or more will be deleted from the system.
		forthhosting.co.uk©2011