Where the context admits: “We” & “Us” includes Loopohost, reg no 65405218 in the Netherlands or any party acting on Loopohost’s implicit instructions. “You” includes the person purchasing the Services or any party acting on the customer’s instructions. “Server” means the computer server equipment operated by us in connection with the provision of the Services. “Web Site” means the area on the Server allocated by us to you for use by you as a site on the Internet.
The relationship entered into between you and us is governed by these following terms, which shall apply during, and where necessary after, the period of the commercial relationship between you and us.
1. Web Site Hosting and Email
1.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
1.2. You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes and to promptly inform us if this clause or any subclause of this clause has been breached or you become aware that they may have been breached. In particular, you represent, warrant and undertake to us.
1.2.1. You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
1.2.2. You will not upload, post, link to or transmit:
1.2.2.1. any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
1.2.2.2. any material containing a virus or other hostile computer program.
1.2.2.3. any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
1.2.2.4. any material which is forbidden by our acceptable use policy (see below)
1.2.3. You will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
1.2.4. You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
1.2.5. Any file you store on the Server will be reachable via a hyperlink from a page on your site.
1.3. We reserve the right to remove any material which we deem inappropriate from your Web Site without notice to you.
1.4. You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including but not limited to loss, theft or unauthorised disclosure of your password or other security information.
1.5. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
1.6. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
1.7. In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
1.8. Any access to other networks connected to Loopohost must comply with the rules appropriate for those other networks.
1.9. While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
2. Service Availability
2.1. We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not in any event be liable for interruptions of Service or down-time of the Server due to force majeure or other unavailability of network infrastructure beyond our control.
2.1.1 Subject to the conditions in 2.1, the Server and the Services shall be available for a minimum of 99.5% of the contract period.
2.1.2 Subject to the conditions in 2.1, any problems affecting the availability of your website will be fixed by us within 2 hours of either i) us discovering the problem or ii) us being notified by you of the problem, whichever is the first to occur.
3. Payment
3.1. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site, errors and omissions excepted and shall be due and payable in advance of provision of the Services.
3.2. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
3.3. Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given in accordance with 4.4
3.4. Payments can be made in Euros or UK Pounds Sterling, via bank transfer or with a credit or debit card
3.5. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled but not obliged forthwith to suspend the provision of Services to you.
6. Termination And Refunds
4.1. We shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you If you:
4.1.1. fail to pay any sums due to us as they fall due.
4.1.2. break any of these terms and conditions.
4.1.3. are a company and you go into liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors.
4.2. No refunds will be made under any circumstances for Services suspended in accordance with 4.1.
4.3. We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You will be entitled to a pro rata refund based upon the remaining period of prepayment.
4.4. You may cancel the Services at any time. To do so you must request cancellation of the Services in writing including your account username and password. We will cancel the Services within 2 working days of receipt of your request.
4.5. Domain name registration fees, charges for additional data transfer and charges for optional extras added to your account are not refundable under any circumstances.
4.6. On termination of this Agreement or suspension of the Services we shall be entitled immediately to stop access to your Web Site and to remove all data located on the Server.
5. Indemnity
5.1. You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to You and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of any of the terms of this Agreement.
6. Limitation Of Liability
6.1. All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to o the extent applicable under UK law, subject always to sub clause 9.2.
6.2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
6.3. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
6.4. In any event no claim shall be brought unless you have notified us of the claim within one month of it arising.
6.5. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
7. Notices
7.1. 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 ancillary application forms 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 two days following the date of posting.
8. Non-Waiver
8.1 Any forbearance or failure by us to enforce a contractual provision to which you are subject shall not affect our right to require such performance at any subsequent time, nor shall the waiver or forbearance by us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.
9. Law
9.1. This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the exclusive jurisdiction of the English courts.
10. Headings
10.1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
11. Entire Agreement
11.1. These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you confirm that you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
ACCEPTABLE USE POLICY
The Internet is a powerful information and entertainment tool, we would expect our customers to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users.
Our acceptable use policy is actively and strictly enforced. Offending content or users are removed from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.
Common sense is the best guide as to what is considered acceptable use, however the following are unacceptable uses.
Illegality
In any form, including but not limited to the unauthorised distribution or copying of copyrighted software or other data, harassment, fraud, or trafficking in obscene material.
Undesirable Content
Certain types of content are not permitted on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work.
Bulk Email
The use of our network to send bulk email whether opt-in or otherwise, and the use of bulk email to promote a site on our network is strictly forbidden.
Misuse Of Resources
Including but not limited to employing applications which consume excessive CPU time, memory or storage space. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum. The use of web cam applications which maintain a constant FTP connection uploading an image at regular intervals is forbidden.
Your web space must not be used as a backup resource for files on your computer, as its security is NOT guaranteed and it is not intended to be used in this way. Loopo will not accept any liability for files which are irretrievable or lost as a result. Please ensure therefore that any important files residing in your web space are backed up elsewhere.
If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use.