Spiral Media Ltd

Website Hosting Terms of Service

This is the agreement between Spiral Media Limited and its hosting client. This agreement is an extension to Spiral Media’s ‘Terms & Conditions of Supply of Products and Services’ which can be supplied upon request.

Spiral Media Ltd registered in England & Wales with company number 06802722 and whose registered office is at 1st Floor, Langton House, Lindum Business Park, Station Road, North Hykeham, Lincoln, Lincolnshire LN6 3QX

In this Agreement “You” and “Your” refer to you or any agent, employee, servant or person authorised to act on your behalf. “We”, “Us”, “Our”and “Spiral Media” refer to Spiral Media Ltd. This Agreement explains our obligations to you, and explains your obligations to us for various services offered by Spiral Media. When you permit someone to instruct or otherwise acquire access to additional Spiral Media service(s) or products or to cancel your Spiral Media services (even if we were not notified of such authorisation), this Agreement covers such service or actions.

1. Term of Agreement; Modification.

You agree that Spiral Media may modify this Agreement and the services it offers to You from time to time. You agree to be bound by any changes Spiral Media may reasonably make to this Agreement when such changes are made. If You have purchased hosting services from Spiral Media, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the products or services.

2. Accurate Information.

You agree to maintain accurate information by providing updates to Spiral Media, as needed, while You are using Spiral Media’s hosting services. You agree You will notify Spiral Media within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Spiral Media to determine the validity of information provided by You will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Spiral Media has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Spiral Media has the absolute right, in its sole discretion, to terminate its Services and close Your account.

3. Privacy.

You can view Spiral Media’s Privacy Policy, which is incorporated herein by reference, as it is applicable to all Spiral Media products and services. The Privacy Policy sets out Your rights andSpiral Media’s responsibilities with regard to Your personal information. Spiral Media will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

4. Prohibited Activities:

4.1 You agree not to engage in unacceptable use of any of Spiral Media products and/or services, which includes, without limitation, use of Spiral Media products and/or services to: (i) disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email or unreasonably large volumes of email on a daily basis, provided, Spiral Media, in its sole discretion, may permit You, if You have a legitimate purpose and after written request, to send more email than Spiral Media’s standard SMTP relay limit; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United Kingdom and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorised access to any computer system, server, network or account for which You do not have authorisation to access or at a level exceeding Your authorisation; (vii) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; (viii) engage in any other activity deemed by Spiral Media to be in conflict with the spirit or intent of this Agreement or any Spiral Media policy; or (ix) use Your server as an “open relay” or similar purposes. This includes but is not limited to pirated software, hacking programs or archives, wares and mp3 sites and IRC bots. Spiral Media is the sole arbiter as to what constitutes a violation of this provision.

4.2 Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: unauthorised access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

4.3 It is a violation for anyone to employ posts or programs which consume excessive CPU time or storage space; permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for the user’s own account; or resell access to CGI scripts installed on our servers. Spiral Media.co.uk prohibits the running of a public recursive DNS service on any Spiral Media server. All recursive DNS servers must be secured to allow only Internet network access or a limited set of IP addresses. Spiral Media actively scans for the presence of public DNS services and reserves the right to remove any servers from the network that violate this restriction.

4.4 You are responsible for ensuring that there is no excessive overloading of Spiral Media’s DNS system or servers. In the event that You exceed Your allotted bandwidth and thereby overload Spiral Media’s DNS or servers, You shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use Spiral Media’s servers and Your Server Account as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Spiral Media reserves the right to immediately remove sites that contain information about hacking or links to such information. Use of your server account as an anonymous gateway is prohibited, as is Your use of Spiral Media products and/or services to restrict or inhibit any other user from using and enjoying the Internet. You acknowledge and agree that Spiral Media has the right to remove Your server content temporarily or permanently from its dedicated servers if Spiral Media is the recipient of activities that threaten the stability of its network.

4.5 You agree not to provide free services such as free hosting, free subdomains or free email accounts. Account holders found violating this section will be terminated immediately and all payments forfeited.

5. Storage and Security.

At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to:

(i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Spiral Media servers; and (iv) ensure the confidentiality of Your password. Spiral Media’s servers are not an archive and Spiral Media shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by Spiral Media are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilised as such without further compliance activity. Spiral Media shall have no liability to You or any other person for Your use of Spiral Media products and/or services in violation of these terms.

6. Non-exclusive License.

If You have licensed software from Spiral Media relating specifically to website hosting services, Spiral Media grants You a limited, non-exclusive, non-transferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree You are not authorised to combine the software with any other software program, create derivative works based upon the software, nor are You authorised to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. Spiral Media reserves all rights to the software. The software and any copies You are authorised to make are the intellectual property of Spiral Media. The source code and its organisation are the exclusive property of Spiral Media and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by Spiral Media.

Any such software and services are provided to You “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.

7. Spiral Media Account.

Spiral Media will hold an account for You corresponding with the purchased, leased or provided domain name(s) and for the period of time corresponding with the payment plan chosen by You. The contract will automatically renew at the end of The Term unless otherwise specified by You, with at least 30 days notice given. Once the account cancellation request is received adhering to the 30 day notice period and we process the request as per the account holders consent, the agreement between You and Spiral Media is officially terminated. We reserve the right to remove the account from the web server at any time thereafter. Spiral Media will NOT host the site for any time period left once the cancellation request has been received and processed. It is Your responsibility to make sure that You and Your respective clients have access to all their files and relevant data before initiating the cancellation request. Spiral Media shall not be responsible for any loss of data once the account recurring billing has been cancelled.

8. Legal Purposes.

The web hosting service can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. The intent of Spiral Media is to provide space to serve web documents, not as an off- site storage area for electronic files and is governed by our Disk Usage Provision, set out in Section 10 of the Acceptable Use Policy. Violations of these or any other provisions of this Agreement may result in termination of the services provided by Spiral Media, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Spiral Media based upon the severity of the violation. Spiral Media reserves the right to refuse service if any of the content within, or any links from, the Account Holder’s website is deemed illegal, misleading, or obscene, or is otherwise in breach of Spiral Media’s then current Acceptable Use Policy, in the sole and absolute opinion of Spiral Media.

9. Rates and Prices.

You acknowledge that the nature of the service furnished and the rates and charges have been communicated to You. You are aware that Spiral Media reserves the right to change the specified rates and charges from time to time.

10. Account Use.

You agree to follow generally accepted rules of “Netiquette” when sending e-mail messages or posting to newsgroups. You are responsible for security of your password. Spiral Media will not change passwords to any account without proof of identification, which is satisfactory to Spiral Media, which may include written authorisation with signature. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that Spiral Media will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Spiral Media be liable for any losses incurred by You during this time of determination of ownership, or otherwise. The You agree to indemnify and hold harmless Spiral Media from any and all claims arising from such ownership disputes.

11. Safe Use.

You agree not to harm Spiral Media, its reputation, computer systems, programming and/or other persons using Spiral Media services. Spiral Media reserves the right to select the server for Account Holder’s website for best performance. You understand that the services provided by Spiral Media are provided on a shared server. In order to keep our servers running at optimal levels, any sites running a process that uses more than 25% of all available system resources for 60 seconds or longer will be required to move to an alternative solution, either provided by Spiral Media or a solution sourced by You. This upgrade may result in an upgrade to a higher-level pricing plan corresponding with the elevated use requirements. Alternatively, Spiral Media reserves the right to suspend services on that specific account until the higher usage may be accommodated. A failure by You to agree to and comply with the terms of this provision may result in the termination of the services provided to You without any refunds of the unused prepaid portion of the fees.

12. Third Party Content.

If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. Spiral Media has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Spiral Media policy or agreement. Such content may result in the suspension or in the immediate termination of Your account. You are responsible for monitoring all domain transfers, renewal and orders. In the event that an error occurs the account holder must notify Spiral Media immediately of the error. In no event shall Spiral Media be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.

13. Fees, Payment and Refund.

As consideration for the products and/or services purchased by You and provided to You by Spiral Media, You agree to pay Spiral Media by the due date outlined within the Invoice sent to you. All fees are non-refundable unless otherwise expressly noted, even if Your services are suspended, terminated, or transferred prior to the end of the term of service. Spiral Media expressly reserves the right to modify pricing through email notification and/or notice on its website. You may receive a refund within the initial 45 days after sign up if you cancel a web hosting service. If you cancel a VPS hosting account, you may receive a refund within the initial 30 days after sign up. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated servers, dedicated IP addresses, SSL certificates, WHMCS, cPanel, server management or domain registration related fees. Important: If the client cancels within the first 45 days and has registered new domain names with us during this time period, Spiral Media will charge the client a one time fee of £15.00 per domain name if he/she does not wish to continue with the domain name transfer, at a cost of £25.00 per one domain transfer. These terms are in place to prevent abuse of our free domain name(s) service.

14. Billing.

If You signed up for a monthly payment plan, Your monthly billing date will be 16th of the month. If You signed up for an annual (or longer) payment plan, your payment date will be outlined within your renewal invoice. If for any reason Spiral Media does not receive payment, You agree that Spiral Media may pursue all available remedies in order to obtain payment. You agree that among the remedies Spiral Media may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names or products and/or services registered or renewed on Your behalf. Spiral Media reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular services, including additional costs that it may incur in providing the services and pass these costs along to You.

15. Limitation of Liability;

Waiver and Release. The services offered by Spiral Media are being provided on an “AS IS” and Spiral Media expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted or authorised by law. Without limitation of the foregoing, Spiral Media expressly does not warrant that the Spiral Media products and/or services will meet Your requirements, function as intended, or that the use of the provided services will be uninterrupted or error free. In no event shall Spiral Media be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the services, even if Spiral Media is aware of or has been advised of the possibility of such damages.

16. Indemnification.

Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Spiral Media and all affiliates of Spiral Media, and all officers, agents, employees, and representatives of Spiral Media, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the products and services and Your acquisition and use thereof, including, but not limited to, the provision of the Spiral Media products and/or services by Spiral Media and its agents and employees. Further, You agree to defend, indemnify and hold Spiral Media harmless from any loss, liability, damages or expense, including reasonable legal fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should Spiral Media be notified of a pending law suit, or receive notice of the filing of a law suit, Spiral Media may seek a written confirmation from You concerning Your obligation to defend, indemnify Spiral Media. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Spiral Media shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Spiral Media of any such claim promptly in writing and to allow Spiral Media to control the proceedings. You agree to cooperate fully with Spiral Media during such proceedings.

19. Termination.

You agree that You will be responsible for notifying Spiral Media should You desire to terminate Your use of Spiral Media’s Services. Notification of Your intent to terminate must be provided to Spiral Media no earlier than 30 days prior to Your billing date but no later than three days prior to Your billing date.

20. Notices.

You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information you have provided.

21. Legal Age.

You attest that you are of legal age to enter into this Agreement.

22. Final Agreement.

This Agreement, together with all modifications and the items set out in Spiral Media’s ‘Terms & Conditions of Supply of Products and Services’ (which can be made available upon request) constitute the complete and exclusive agreement between you and us. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorised representative of us.

23. No Agency Relationship.

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

24. Waiver.

No failure or delay by a party to exercise any right or remedy provided under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

25. Enforceability.

In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

26. Assignment and Resale.

Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without Spiral Media’s prior express written consent.

27. Force Majeure.

Spiral Media shall not in any circumstances have any liability to the Client under the Contract if it is prevented from, or delayed in, performing its obligations under the Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Spiral Media or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors

28. Headings.

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

This document was last revised on Wednesday 11th January 2017.