1.1. Throughout these Terms and Conditions, the following expressions will be deemed to have the following meanings, unless inconsistent with the context.
Our, Ourselves, Us, We; Future Internet Services Limited (Registered Office: Unit 1 Beresford Way, Dunston, Chesterfield, S41 9FG. Registered in England number 06058991), also trading under the name of TwentyHost, or any other company acting on our behalf.
Our Website; The internet websites where we trade or conduct our business from, under the name of TwentyHost. This includes but is not limited to twentyhost.co.uk and twentyhost.info.
Supplier; Any company who supplies any goods, services or products to us that comprise in whole or part the services you have ordered.
You, Your, Yourself; You, our client, with whom we are trading and entering into this agreement with.
Reseller; Any customers who holds an active reseller web hosting account, whether or not they are actively reselling some or all of the services.
End Customer; Any person, business or company to whom you resell or allow to use some or all of the services we have provided.
User; Anyone using the services we have provided to you, including visitors to your website.
Minor; Any user of the internet who is under the age of 18, or under the age of legal consent in their own country, whichever is the older of the two.
Specification; The capabilities and allowance limits of the Services that you have ordered.
Service; Any goods, services or products sold or provided by us, including but not limited to shared web hosting accounts and reseller web hosting accounts.
Term; The length of time the services have been ordered for. This may be a single calendar month, a 12 calendar month period or any other length of time, and is chosen during ordering.
Software; Any software we license to you for use with our services whether pre-installed on the web server or for use on a personal computer.
Confidential Information; Any usernames, passwords, trade secrets, procedures, objectives, methods, product information, prices, designs, customer lists, marketing opportunities, associations, dealings, strategies, knowledge and/or other business critical information belonging to you or us.
1.2. These Terms and Conditions should be interpreted as follows:
1.2.1. References to the singular include the plural and vice versa.
1.2.2. References to any gender include the other gender.
1.2.3. The headings in these Terms and Conditions are provided for ease of reference only.
1.3. These Terms and Conditions take the place of all previous negotiations, understandings and representations.
1.4. If we fail to exercise a right which arises under these Terms and Conditions such failure should not prevent us from exercising that right or that of any other incident.
1.5. A waiver of any breach or provision of these Terms and Conditions shall only be effective if made in writing or by email.
1.6. You may not assign or transfer any part of these Terms and Conditions without first obtaining our consent in writing or by email.
1.7. If any section or clause of these Terms and Conditions is declared void or unenforceable for any reason by any judicial or other competent authority, you agree that we reserve the right to remove that section or clause, leaving the remainder of these Terms and Conditions in full force and effect.
1.8. This agreement is governed by English Law.
2.1. We will;
2.1.1. Setup your account after:
188.8.131.52. We have received payment.
184.108.40.206. We and/or our payment partners have screened your order for fraud.
2.1.2. Provide the services for the term ordered.
2.1.3. Renew the services for another term:
220.127.116.11. For shared hosting customers, once payment for the next term is received in full, cleared funds.
18.104.22.168. For resellers, automatically at the end of each term until cancelled as per clause 8.4.
2.2. We may contact you at any time;
2.2.1. To verify your identity, especially in cases of high value or high-risk transactions. We reserve the right to use any appropriate method for this, including your postal address and landline telephone number.
2.2.2. Regarding the smooth running of your account. We will normally use the primary email address on file for this purpose.
3.1. You warrant that you have the full power and authority to enter into this agreement.
3.2. You agree that you shall ensure:
3.2.1. All services provided by us are only be used for lawful purposes.
3.2.2. You will not display any material that is unlawful for minors to view in both this country and your own country unless you first obtain written permission from us. This applies even in situations where age checks have been applied.
3.2.3. You will not display any material that could be judged to be morally inappropriate or morally unacceptable for minors to view, or could be potentially harmful if viewed by minors, unless it is clearly marked as such prior to being displayed, and labelled accordingly with an ICRA (Internet Content Rating Association; www.icra.org) rating, or similar approved internet content labelling system. In cases of disputes our decision is final. Access to such content must be governed by an acceptable age verification process.
3.2.4. All services provided by us must not be used for any activity that in our opinion may harm us or bring us into disrepute.
3.2.5. Your account and access to any area of our website requiring you to login are always protected with a secure password (using a mixture of uppercase and lowercase letters, numbers and symbols where allowed), and the password is properly guarded and not disclosed to any other third party except as per clause 5.
3.2.6. Your scripts and programs installed in your account are secure. This includes file and directory permissions.
3.2.7. That you comply with your obligations under the Data Protection Act 1998.
3.2.8. That you comply with your obligations under UK law.
3.3. You agree that you shall:
3.3.1. Immediately notify us if you become aware of any unauthorised use of our services.
3.3.2. Be entirely responsible and liable for all activities conducted using the service.
3.3.3. Comply with our reasonable instructions, guidelines and directions about the use of the services.
3.3.4. Regularly check and comply with any announcements that we post on our website announcement system.
3.3.5. Comply with any licence terms of any third party software we licence to you.
3.4. You agree that you shall not:
3.4.1. Copy the software, except as is necessary for internal archiving purposes.
3.4.2. Reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the software except as permitted by law.
3.4.3. Sell, lease, license, sub licence or transfer the software or any associated documentation.
3.4.4. Write or develop any derivative or other software programmes based, in whole or in part upon the software or any of our confidential information.
3.5. You have no rights to:
3.5.1. Physical access to the server.
3.5.2. Physical access to the data centre, with regards to this server.
3.5.3. Ownership of the server or any server resources. We shall retain ownership of the server at all times.
3.5.4. Use the services as security for any loan or allow it to become subject to any similar third party rights.
3.5.5. Sell, deal, transfer or otherwise make available the software or the services to any third party for any purposes unless we have previously agreed with you in writing or by email, except as per section 8.
3.5.6. Any intellectual property rights in the services or the software.
3.6. It is your responsibility to provide us with, and to keep our records up to date with:
3.6.1. A valid email address, at a domain not hosted on our servers.
3.6.2. A valid landline telephone number.
3.6.3. A valid contact postal address.
3.7. We will not tolerate our services being used for any instances of the following and failure to comply will result in immediate account suspension, certain violations will be reported to the appropriate authorities:
3.7.1. Sending of unsolicited e-mail (spam).
3.7.2. Sites advertised via unsolicited e-mail/spam (spamvertised).
3.7.3. Proxy scripts or anonymisers.
3.7.4. IRC Bots.
3.7.5. Warez sites.
3.7.6. Pirated software and files.
3.7.7. Image only sites (with no HTML mark-up).
3.7.8. Escrow, financial investment sites or pyramid schemes.
3.7.9. Lottery or gambling sites.
3.7.10. Hate sites or any material that is or encourages criminal acts.
3.7.11. Hacker focused sites, programs and archives.
3.7.12. Copyright material belonging to others.
3.7.13. Pornography (images or text), adult e-commerce and all other adult rated/adult natured content.
3.7.14. Threatening, malicious, harmful, abusive, defamatory, obscene or offensive material.
3.7.15. Any material that breaches the rights (including intellectual property rights) of any third party.
3.7.16. Material that contains any virus, worm, Trojan horse or any other harmful code.
3.7.17. Use of an IMAP account as a virtual drive, for example storing files as attachments.
3.7.18. Links to, frames or displays of any of the items listed in clauses 3.7.1 to 3.7.18 inclusive.
4.1. All payments must be made online by one of our accepted payment methods as listed on our website. A number of other payment methods are available but are only accepted by prior arrangement.
4.2. We operate an online invoicing (billing) system. We may notify you by email when an invoice has been raised, but you accept responsibility to logon to our billing system, without reminders, and arrange payment before the due date via one of our accepted payment methods.
4.3. Payments via automatic systems, such as bankers Standing Order and PayPal Subscriptions, will have the appropriate invoice manually marked as PAID in the billing system, once funds have been received. It is your responsibility to ensure such automatic systems make the appropriate payment prior to the due date. If the automatic system fails for any reason you should make manual payments to prevent your account being suspended.
4.4. You may cancel at any time:
4.4.1. If you cancel within 30 days of your initial order, you are entitled to a full refund of your hosting fees, referred to by us as the "30 day money back guarantee". Your request must be made in writing or via email. Only first-time accounts are eligible for this refund. If you have had an account with us before, or if you have more than one account with us, you are not eligible for the "30 day money back guarantee". Also accounts with a "Free Domain Name" are not eligible for the "30 day money back guarantee". We may ask you for your reasons for cancelling, but this is not a condition of this guarantee.
4.4.2. If you cancel after the 30 day period has expired, you will not be entitled to any refund.
4.4.3. No refunds will be issued for monthly services that are cancelled before the end of their term except as per clause 4.4.1.
4.5. No refunds will be issued to customers whose account is using a "Free Domain Name", as per section 10.
4.6. No refunds will be given for setup fees, administrative fees, installation fees, customised software, customised scripting, fixed IP addresses or domain name registrations.
4.7. No refunds will be given for any account that has been suspended at any time, or terminated by us due to a breach of our Terms and Conditions.
4.8. Any customer cancelling a bank of credit card payment ("chargeback"), which we believe to be unfair, shall incur an additional charge of £10.00. This also applies to charges made that are later rejected by our bank or payment partners.
5.1. We reserve the right to immediately suspend your account for failure to comply with these Terms and Conditions. We will notify you via email of the suspension and our reasons within 48 hours. We will only unsuspend your account once you have satisfactorily proved the reasons given have been remedied.
5.2. We reserve the right to charge an administration fee for unsuspending an account. This will not be charged on a first offence; however it will be applied, on each occasion, to any account that is persistently suspended due to repeat late payment issues or frequent breaches of these of Terms and Conditions.
5.3. Any account that has been continuously suspended for:
5.3.1. Non-payment for a period of 14 days will be terminated without further notice, unless a payment plan has been agreed.
5.3.2. Any other reason for a period of 28 days will be terminated without further notice, unless significant attempts to resolve the issues have been made.
5.4. With regard to shared web hosting accounts, the services can be extended for a further period of your term by paying the appropriate fee due before the expiration of the current term, otherwise your account will be suspended on the first day after your term has expired.
5.5. We reserve the right to require changes to be made as necessary to any web site, account, database, script or any other component that does not comply with these Terms and Conditions. We also reserve the right to disable or to make any such modifications ourselves where we deem the event to be of an urgent nature.
5.6. If any information provided by you is later proved to be false, and we deem in our sole opinion that you deliberately mislead us, your account will be terminated immediately.
5.7. We reserve the right to terminate your account at any time, for any breach of these Terms and Conditions.
6.1. We reserve the right to change the hosting plans and the prices listed on our site, and the right to increase or decrease the amount of resources and/or features given to any plan at any time.
6.2. The plan you ordered will remain at the current price to you indefinitely, referred to by us as our "Lifetime Price Freeze Guarantee". This guarantee only applies to web hosting services, and not to domain names, SSL certificates, fixed IP addresses etc.
6.3. You will always have the right to upgrade or downgrade to any of our current plans listed on our website. There is no administration fee to upgrade or downgrade. You may not be able to upgrade or downgrade to any of the other plans offered at the time of your initial signup unless these are still advertised as available on our website.
6.4. You agree that you shall:
6.4.1. Be limited to a monthly bandwidth allowance, which varies depending upon the service ordered.
6.4.2. Forfeit any unused bandwidth at the end of each month, it cannot be carried over to the next month.
6.4.3. Regularly monitor your bandwidth usage. We shall issue a reminder email as you approach your bandwidth limit. It is your responsibility to ensure that you act upon these emails, by choosing to purchase additional bandwidth or upgrade your account, but failure to do so will result in your website, email facilities and other services being inaccessible until the first day of the following month.
6.4.4. Be limited to a fix disk space limit. You cannot purchase additional disk space separately, but you have the option to upgrade your plan should your limit be reached. Should you reach or exceed your limit, and you fail to upgrade your hosting account, this will result in one or more of the following:
22.214.171.124. An inability to upload files and receive emails, unless you remove files to create sufficient free disk space.
126.96.36.199. Account suspension until you agree to remove sufficient files to bring your account back within the specification for your web hosting plan.
188.8.131.52. We may charge you a daily over-usage fee per full or part gigabyte of additional disk space used.
6.5. You agree that you shall not:
6.5.1. Use more than 25% or more of the server's system resources for longer than 60 seconds. This includes but is not limited to HTTP, MySQL, FTP, POP and SMTP.
6.5.2. Run any type of interactive real-time chat applications that require server resources, unless externally hosted.
6.5.3. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
6.5.4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
6.5.5. Run any bit torrent application, tracker or client.
6.5.6. Participate in any file sharing or peer to peer activities.
6.5.7. Run any gaming servers such as Counter-Strike, Team Fortress, Battlefield 1942, etc.
6.5.8. Run any cron entries with intervals of less than 15 minutes without prior written permission.
7.1. We perform nightly backups of the server, which we can use to restore the whole server in the unlikely event of an entire server issue.
7.2. Certain hosting plans and packages offer off-network backups. We will aim to perform these nightly and store these on a secure web server on a separate network in a different data centre. You may at any time request restoration of your account, back to the date of the backup, and we will do our utmost to honour this. We may charge a fee for subsequent restorations in the same calendar month. You agree that you shall not hold us liable for any loss whatsoever due to failed backups or failure to restore an account in a timely manner.
7.3. You agree that you shall be solely responsible for your own files and data residing on our servers. You agree to maintain additional backups as you deem necessary.
8.1. In addition to shared web hosting we offer reseller web hosting, which is clearly labelled as such.
8.2. Only resellers may resell or allow other parties full or partial control of any of the services received.
8.3. Resellers, agree to the following additional terms:
8.3.1. You acknowledge and agree that:
184.108.40.206. Your end customers are your responsibility and you will:
220.127.116.11.1. Procure that your customers enter into a binding agreement consistent with these Terms and Conditions, especially, but not limited to, clauses 3.7 and 6.5, which allows you to terminate the agreement immediately for breaches of the agreement.
18.104.22.168.2. Deal with your end customers support issues yourself and not refer any end customer to us.
22.214.171.124.3. Convey to your end customers in your own name, any announcements that we post on our announcement system, and any notices that we request you forward to your end customers.
126.96.36.199. You agree to fully indemnify to keep us fully indemnified from all actions, consistent with section 11, arising from:
188.8.131.52.1. The use or misuse of the services by your end customers.
184.108.40.206.2. Any claim bought against us by any third party alleging that its intellectual property rights are infringed by the end customers use of the services.
220.127.116.11. You will pay all of our invoices by the due date. All invoices are subject to our Invoice Terms and Conditions, which allow us to charge interest on late payments.
18.104.22.168. We will automatically add a late payment fee to any invoice which has not been paid by the due date. The value of the late payment fee may change from time to time. This fee will not be added until at least the day after the due date.
8.3.2. In contrast to shared web hosting customers, resellers will benefit from the following:
22.214.171.124. If you fail to pay an invoice by the due date, your account will not be suspended immediately but will be suspended once payment is 7 days overdue. This is referred to, by us, as the "resellers 7 day grace period". This will be revoked, at our sole discretion, if any reseller is continually late making their payment.
126.96.36.199. Should your account usage exceed the allocated bandwidth amount we will continue to provide the service, and charge you an over-usage fee per full or part gigabyte of additional bandwidth used.
8.3.3. We reserve the right to suspend your reseller account and/or any of your end customers' accounts for any reason as defined throughout these Terms and Conditions. In either case we will always inform you, the reseller, of such suspensions. It will then become your responsibility to take appropriate action to resolve the issue and ensure future instances do not occur.
8.4. You must serve written notice to us by letter or email if you wish to terminate your services under these Terms and Conditions. We require a minimum of 7 days notice for reseller account terminations. You agree that until and unless you notify us of your desire to cancel any or all services received, those services will be billed on a recurring term basis.
8.5. Throughout these Terms and Conditions, if any section or clause contradicts a clause in this reselling section, the reselling section shall take precedence over the other clause for resellers. The remainder of these Terms and Conditions also apply to resellers.
8.6. Resellers, and only resellers, are permitted to use content from any of the following while they actively resell our services. In doing so, they agree that they must immediately stop using all content if they cease to hold a reseller account:
8.6.1. The TwentyHost website, excluding the TwentyHost logo and design elements.
8.6.2. The TwentyHost Support website, excluding the TwentyHost logo and design elements.
8.6.3. The TwentyHost Server Status website, excluding the TwentyHost logo and design elements.
9.1. For domain name orders:
9.1.1. It is your responsibility to ensure that you enter the correct domain name at the point of order. We cannot amend any domain name once it has been registered.
9.1.2. It is your responsibility to ensure you provide us with the correct details for the registrant at the point of order.
9.1.3. You agree to accept and comply with the applicable Terms and Conditions of the Registry/governing body for each of your domain names registered by us or transferred to us.
188.8.131.52. Prior to registering through us or transferring to us a domain name ending in .uk, you must read, understand and accept the Terms and Conditions of Nominet UK which are available to view at http://www.nominet.org.uk/registrants/aboutdomainnames/legal/terms/.
9.1.4. We will not automatically renew your domain name upon expiration. We will raise an invoice in your account, in our billing system, 60 days prior to the expiry date. We will renew the domain within 48 hours of receipt of payment for this invoice.
9.1.5. If you do not pay for your domain name renewal before the expiry date, the domain will be removed from your control either by us or the relevant official controlling body until the domain is either renewed by you through us or it is de-registered by the registry and made available to the public for registration.
9.2. For domain name transfers:
9.2.1. No administration fee will be charged for a transfer in or out of a domain name, except as per section 10. However, any customer who has had any of their services terminated due to a breach of these Terms and Condition will be charged an administration fee for the release of any of their domain names.
9.2.2. Transfers in of certain domain names will not be accepted unless you agree to renew the domain at the point of transfer.
9.3. It is not necessary to transfer a domain name to us in order to use our services. Domain names may be registered via a third party and pointed to our services.
10.1. From time to time we may provide a domain name without charge with our hosting services and this offer cannot be used in conjunction with any other promotion, unless expressly stated.
10.2. Any domain names provided without charge under this promotion will be classified by us, for the purpose of these Terms and Conditions, as a "Free Domain Name" until one of the following conditions have been met:
10.2.1. The original registration period has expired and the customer has renewed the domain name for an additional period.
10.2.2. A release fee has been paid.
10.3. Customers who accept a "Free Domain Name" with their hosting, agree to the following additional terms:
10.3.1. A "Free Domain Name" cannot:
10.3.1.1. Be transferred to another host or domain registrar.
10.3.1.2. Be sold or transferred to a third party.
10.3.1.3. Be pointed or redirected (by using DNS, scripts or any other method) to another website, hosting account or server.
10.3.1.4. Have its IPSTAG changed.
10.3.2. No refunds will be issued for any service upon early termination of any hosting account with a "Free Domain Name".
10.4. All "Free Domain Names" are:
10.4.1. Restricted to certain TLDs which will be displayed on our website.
10.4.2. Registered for the minimum registration period allowed for that particular TLD (currently this is 2 years for .uk domains (from Nominet) and 1 year for all others).
10.4.3. Registered in your name, with your details as supplied at the point of order.
11.1. Prior to ordering any SSL certificate through us, you must read, understand and accept the Terms and Conditions of TotallySSL which are available to view at http://www.totallyssl.com/terms.
11.2. We offer a 7 day money back guarantee on SSL certificates. No refund will be honoured after the 7 day period. This is 7 full days to the exact hour and minute of the certificate being issued. Requests must be made via a support ticket during office hours.
12.1. You agree that you shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against us, our agents, our customers and our employees, that may arise or result from any service provided, performed, agreed to be performed or any product sold by you, your agents, your employees or your assigns. This is on a full indemnity basis and this includes but is not limited to:
12.1.1. Any injury to person or property caused by any products sold or otherwise distributed in connection with us.
12.1.2. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
12.1.3. Any defective products sold to your customers from our server.
12.1.4. Your breach of any part of these Terms and Conditions.
12.1.5. Any negligence, omission, misuse or error on your part.
12.1.6. The operation, breakdown or malfunction of any equipment owned or used by you excluding the server and the software.
12.1.7. Your use of the server and/or the software.
12.2. We shall not be held liable for any of the following types of loss, whether direct, indirect or consequential. This includes cases where we have been notified that you will incur such losses:
12.2.1. Financial loss, including loss of profits, earnings, business, goodwill and business interruption.
12.2.2. Expected or incidental losses, loss of expected savings, loss of sales, failure to reduce a bad debt, reduction of the value of an asset.
12.3. You agree that we will not be held liable for any delay or failure in the performance of our obligations under these Terms and Conditions caused by event outside our reasonable control.
13.1. You and we agree that both shall:
13.1.1. Keep all confidential information strictly confidential and not disclose any part of it to any person except as permitted by or as required for the recipient's obligations to these Terms and Conditions.
13.1.2. Take all reasonable steps necessary to restrict unauthorised access to any confidential information.
13.1.3. Not use any confidential information for any purpose other than those listed in these Terms and Conditions.
13.1.4. Only disclose the confidential information to employees, contractors and associates who require this information to ensure adherence to the obligations of these Terms and Conditions. Usernames and passwords allowing access to the services may be disclosed, at your own risk, to employees, contractors and associates who require this information to conduct your business on your behalf.
13.1.5. Ensure any party to whom confidential information has been disclosed as set out in clause 5 is under the same obligation of confidentiality as per these Terms and Conditions, with reference to the restriction set out in this confidentiality section.
13.2. You agree that disclosures of confidential information to authorities of the law shall always be granted upon request.
14.1. We will not be responsible for any damages that you or your business may suffer.
14.2. We make no warranties of any kind, expressed or implied for the services we provide.
14.3. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us, our employees or any other party.
15.1. By using our services, you agree to binding arbitration. If any disputes or claims arise against us such disputes will be handled by an arbitrator of our choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
16.1. We reserve the right to revise our Terms and Conditions and other policies at any time without notice. You must agree to these Terms and Conditions in full without modification or omission.
16.2. Revised Terms and Conditions, and any other revised or newly added policies will become effective immediately once displayed on our website. You agree to periodically check our website for such changes.
16.3. Continued use of our services after any revisions to our Terms and Conditions will immediately signify agreement unless you notify us via email or in writing within 28 days of the date of the revised Terms and Conditions. Notification of failure to agree to our Terms and Conditions will be deemed as a cancellation notice of the services, and we will terminate your account and issue any refund due, as per section 4.
This is version 1.03 of our Terms and Conditions and was last modified on 31st October 2012.
Version 1.02 of these Terms and Conditions has been displayed on our website since 6th February 2012
Version 1.01 of these Terms and Conditions has been displayed on our website since 12th February 2007
The differences between these two versions is detailed below in the Modification Summary.
(provided for ease and does not form part of these Terms and Conditions)
The modification dated 31st October 2012 to create version 1.03 has resulted in the following amendments:
- amended clause 4.4.2 - Refunds Upon Cancellation
- added clause 9.1.5 - Domain Expiry
- added clause 184.108.40.206 - Late Payment Fees
- added section 11 - SSL Certificates (and re-numbered the sections which follow)
The modification dated 6th February 2012 to create version 1.02 has resulted in the following amendments:
- amended clause 1.1 - updated with our new registered office address
- added clause 220.127.116.11 - T&C for Nominet UK - applicable to .uk domains