Web Hosting Terms and Conditions of Business
(1) Definitions And Interpretation
"Ascend Internet" means Ascend Internet Limited whose registered office is 37 Glenfield Road, Brockham, Surrey, RH3 7HR;
"Ascend Internet Brand Features"
means all trade marks, service marks, logos and other distinctive brand features of Ascend Internet that are used in connection with the Ascend Internet Web Site and the Ascend Internet Web Services;
"Ascend Internet Web Site"
means the web site located at www.ascendinternet.co.uk or such other address as Ascend Internet shall determine;
"Ascend Internet Web Services"
means the internet web site provision service provided by Ascend Internet to end users as outlined on the Ascend Internet Web Site;
means web site material placed on the Customer Web Site by the Customer;
means the user of the Ascend Internet Web Services;
"Customer Brand Features"
means all trade marks, service marks, logos and other distinctive brand features of the Customer that are used in connection with the Content;
"Customer Web Site"
means the web site on Ascend Internet's servers established using the Ascend Internet Web Services and all associated files not limited to source code, scripts and database information;
"Intellectual Property Rights"
means all copyrights and other intellectual property rights, howsoever arising and in whatever media, whether or not registered, including (without limitation) patents, trade marks, database rights, service marks, trade names, design rights and any applications for the protection or registration of these rights and all renewals and extensions thereof throughout the world; and
means the fees payable by the Customer to Ascend Internet for the Ascend Internet Web Services set out on the Ascend Internet Web Site.
Unless the context otherwise requires, any reference to:
a "person" shall be construed as a reference to any person, firm, company, corporation, government, state or agency of a state or any association or partnership (whether or not having separate legal personality) between two or more of such persons;
a clause shall be construed as a clause of these terms and conditions; and
the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
Clause headings are for ease of reference only and shall not affect the interpretation of these terms and conditions.
(2) Acceptable Use Policy
The Acceptable Use Policy below defines the actions which Ascend Internet considers to be abusive, and thus, strictly prohibited.
The examples named in this list are non-exclusive, and are provided solely for guidance to Customers. If you are unsure whether any contemplated use or action is permitted, please send mail to email@example.com and we will assist you. Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by Ascend Internet.
(a) General Conduct
Customers are prohibited from transmitting on or through any of Ascend Internet's services, any material that is, in Ascend Internet's sole discretion, unlawful, obscene, threatening, abusive, libellous, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law. Ascend Internet's services may only be used for lawful purposes.
Transmission, distribution, or storage of any information, data or material in violation of English, European, US, or other international regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Ascend Internet reserves the right to remove such illegal material from its servers.
The Customer is responsible for keeping his billing data with Ascend Internet up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
Customers may not use Ascend Internet's services as to attempt to circumvent user authentication or security of any host, network, or account.
This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation's security policy.
Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding. mailbombing, or other deliberate attempts to overload or crash a host or network.
Ascend Internet will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate systems or network security may incur criminal or civil liability.
(c) E-mail and other types of Internet-based message distribution.
Ascend Internet has zero tolerance for Unsolicited Commercial Email ("UCE") that is in any way associated with Ascend Internet, its clients, or any of its client's associates. Customers are prohibited in anyway whatsoever from using UCE as a means of advertising data or services hosted by Ascend Internet or using the network to distribute such materials. Infringements of this policy can result in one or more of the following:
A warning from Ascend Internet, via E-mail or phone.
Removal of DNS for the advertised / originating site.
Temporary shutdown of the server or a block on outgoing mail.
Permanent disconnection of service.
Infringements of this policy include, but are not limited to:
Sending mail to users who have not specifically requested to receive such mail, including opt-out mailing lists.
Sending, being involved in sending, or employing a third party to send mail which advertises or mentions a site hosted at Ascend Internet to users that have not specifically requested this mail.
Forging of message headers to mask the originator of the message.
You will be held responsible for the actions of your clients in this matter, so it would be best for you to implement a similar or stricter policy. Please review the information at http://spam.abuse.net for more information on what constitutes UCE, or 'Spam.'
Harassment, whether through language, frequency, or size of messages, is prohibited.
Ascend Internet take no responsibility for any of the Customer's data which is located on any of Ascend Internet's services.
(4) Domain Name Registrations/Renewals
Ascend Internet will endeavour to effect the registration, or renewal, of domain names itself or through its agents that are requested by the customer. Ascend Internet does not accept any liability whatsoever in failing to register, or renew, such domain names requested by the Customer.
Payment of Service Fees is due on or before the period start date. Domain name NIC fees will be paid by Ascend Internet on behalf of the Customer upon full receipt of payment from the Customer. All set-up fees charged are non-refundable. Prices are guaranteed for the term that the Customer has purchased. Any account in arrears of more than seven days is subject to the suspension of services without notice.
Ascend Internet reserves the right to change its prices at any time.
(a) Ascend Internet reserves the right to cancel services at any time. All services paid for in advance of cancellation will be refunded. Customers may cancel services any time and be refunded any over payments for the remaining full months. If cancellation is caused by a Customer's breach of these terms, then no refund is due.
(b) Ascend Internet will be entitled to full reimbursement of any domain name registration charges paid on behalf of the Customer, in the event that the Customer accepts Ascend Internet's special offer (as outlined on the Ascend Internet Web Site) and then cancels the service within 12 months of the acceptance date.
The Customer agrees that it shall defend, indemnify, save and hold harmless Ascend Internet from any and all demands, liabilities, losses, costs and claims, including all reasonable legal fees, that may arise or result from the Customer Web Site, including (without limitation):
(a) any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or representatives;
(b) any injury to person or property caused by any products sold or otherwise distributed by the Customer; and
(c) any material supplied by the Customer infringing or allegedly infringing the proprietary rights of a third party.
(a) Whilst Ascend Internet will at all times make every effort to ensure the performance and delivery of services that are directly within its control, Ascend Internet gives no warranties of any kind, expressed or implied for services provided to the Customer. Ascend Internet disclaims any warranty of fitness for a particular purpose.
(b) (i) Ascend Internet's liability for death or personal injury shall not be limited.
(ii) Subject to Clause 9(b)(i), in no circumstances shall Ascend Internet be liable in contract, tort or otherwise howsoever and whatever the cause thereof (A) for any increased costs or expenses (B) for any loss of data (C) for any loss of profit, business, contracts, revenue or anticipated savings or (D) for any special, indirect or consequential loss or damage of any nature whatsoever.
(a) The Customer agrees to:
(i) Provide true, accurate, correct and complete information which the Customer is required to provide when the Customer orders the Ascend Internet Web Services ("User Information").
(ii) Notify Ascend Internet immediately of any changes to the User Information.
(b) The Customer agrees not to impersonate any other person or entity or to use a false name or a name that the Customer is not authorised to use.
(c) Ascend Internet reserves the right to decline any application from the Customer to order the Ascend Internet Web Services in Ascend Internet's sole discretion.
(d) Ascend Internet reserves the right to terminate the Customer's account (including password) if any User Information is untrue, inaccurate, out-of-date or incomplete.
(11) Customer data
Any personal details to be provided to Ascend Internet will not be disclosed to third parties without the Customer's consent. However, the Customer should be aware that:
(a) if Ascend Internet is requested by the police or regulatory or governmental authority in investigating illegal activities to provide information concerning the Customer's activities whilst using the Ascend Internet Web Services and/or the Ascend Internet Web Site and/or the Customer Web Site, Ascend Internet shall do so.
(b) Similarly, Ascend Internet will disclose the Customer's personal data if Ascend Internet is compelled to do so by law. Ascend Internet may also forward contact details to third parties where a complaint arises concerning the Customer's use of the Ascend Internet Web Site or the Ascend Internet Web Services and where that use is deemed by Ascend Internet to be inconsistent with these Terms and Conditions.
(c) Ascend Internet reserves the right to notify or provide such information to the relevant authority or third party if, in Ascend Internet's sole opinion, Ascend Internet believes an illegal activity has taken place or some other reasonable basis exists for Ascend Internet doing so; and
(d) Ascend Internet may disclose information about the Customer and the Customer's use of the Ascend Internet Web Site and/or the Customer Web Site to advertisers or third parties but such information will not include the Customer's name, mailing address, electronic address, telephone or facsimile number.
(a) Ascend Internet acknowledges and agrees that the Customer owns all right, title and interest in the Content and the Customer Brand Features. Nothing in this Agreement shall confer in Ascend Internet any right of ownership in the Content or the Customer Brand Features and Ascend Internet shall not now or in the future contest the ownership of the Customer Brand Features.
(b) The Customer acknowledges and agrees that Ascend Internet owns all right, title and interest in the Ascend Internet Site and the Ascend Internet Brand Features. Nothing in this Agreement shall confer in the Customer any right of ownership in the Ascend Internet Site, or the Ascend Internet Brand Features and the Customer shall not now or in the future contest the ownership of the Ascend Internet Brand Features.
(13) Force Majeure
The obligations of each party shall be suspended during the period and to the extent that such party is prevented or hindered from complying therewith by any cause beyond its reasonable control including but not limited to acts of god, war, civil commotion, industrial dispute, liability to secure materials, act or omission of carriers or suppliers, or regulatory intervention ("force majeure"). If such delay or failure continues for at least thirty days the party not subject to the force majeure may terminate the services by notice in writing to the other.
The failure of a party hereto to exercise or enforce any right shall not be deemed to be a waiver thereof nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.
(15) GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with English law and the Customer hereby irrevocably submits to the exclusive jurisdiction of the English Courts.
Ascend Internet reserves the right to revise these Terms and Conditions at any time.