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Terms and Conditions

The contract terms available here relate to all services but excluding dedicated servers and colocation services.

The terms of the online customer order form, our Acceptable Use Policy and our 30 day moneyback guarantee are incorporated into these terms and conditions.
Your attention is in particular drawn to the following conditions which are of special importance:

1. DEFINITIONS

  1.  References to “we”, “us” and “our” are references to Easyspace Limited (Hostifo, LLC as Hosting USA) registered in USA (company registration number 03405586).
  2.  The terms “you” and “your” refer to any individual, company or business to whom we provide our Services as specified in the online customer order form including a person reasonably appearing to us to act with your authority.
  3.  In these conditions the following words and expressions shall have the following meanings:
    Commencement Date means the date of our acceptance of your order as notified to you under our account activation notice;
    Contract means any contract between us and you for the supply of Services incorporating these conditions;
    Domain Names means Internet addresses which have been registered with the central registration authorities on the Internet on your behalf;
    Gigabyte means 1,073,741,824 bytes or characters of information;
    hosting means the making available of your Domain Name on the Internet;
    Internet means the network of interconnected e-communications and computer systems connected by internet protocol numbers;
    Megabyte means 1,048,576 bytes or characters of information;
    Renewal Date means the day following the end of the first billing period specified in the online customer order form and the day following the end of the relevant billing period from time to time;
    Services the internet services to be provided by us to you as specified in the online customer order form together with any other services which we provide, or agree to provide, to you;
    Upload means to transfer computer files to our computer system for publication on the Internet or WWW;
    Web Site means the area on our computer system allocated to you for the purpose of this Contract;WWW means World Wide Web service available on the Internet;
  4.  A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
  5.  Condition headings do not affect the interpretation of these conditions.
  6.  Any words in the singular include the plural and vice versa.

2. APPLICATION OF CONDITIONS

  1.  Subject to any variation under conditions 2.2 or 2.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any order, confirmation of order or other document).
  2.  Any variation to these conditions and any representations about the Services shall have no effect unless expressly agreed in writing and signed by our authorized representative on our behalf. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in this Contract. Nothing in this condition shall exclude or limit our liability for fraudulent misrepresentation.
  3. We reserve the right to alter or amend our terms and conditions by giving you fourteen days’ prior notice by email and by displaying the notice on the our web site in the Terms and Conditions section. If you do not want to accept any new conditions you must inform us immediately by emailing us at accounts@hostifo.com otherwise you will be deemed to have accepted such new conditions.
  4.  Your order for Services from us shall be deemed to be an offer by you to buy the Services subject to these conditions.
  5.  No order placed by you shall be deemed to be accepted by us until an account activation notice is issued by us.
  6. You shall ensure that the terms of your order are complete and accurate.
  7.  Any date proposed either by you or us for the provision of the Services is to be treated as an estimate only and we accepts no liability for any failure to meet it.
  8.  These terms and conditions may change or be updated from time to time. It remains your responsibility to access and check these terms and conditions whenever you access this web site. The latest version of these terms and conditions will govern any future usage by you of this web site and the Services.

3. CONTRACT PERIOD

  1. Subject to termination under conditions 9 and 10 this Contract shall begin on the Commencement Date and shall automatically renew on the relevant Renewal Date for successive periods equal to the billing period set out in the online customer order form or for such period as subsequently agreed by us in writing.

4. YOUR RESPONSIBILITIES

  1.  You agree that you will keep secure the login name and password specified on your online customer order form and not to pass that information to any unauthorised person. In the event of your login name and password being used by any unauthorised person, we accept no responsibility and you will be liable for additional charges arising therefrom.
  2.  It is your sole responsibility to make regular back-ups of your data and files used in connection with the Services. Even though we may make our own periodic back-ups for server maintenance purposes we are not responsible whatsoever for your data or files.
  3.  You agree that you will not:

 perform any action that will reduce performance of our servers to the detriment of other users;

 upload any virus to the Web Site which could infect our server or other equipment;

 allow a virus to enter the Internet by allowing Internet users to download files containing viruses or (knowingly or otherwise) from their web space which is on our server;

 upload any material which infringes the intellectual property rights of any other party. We accept no responsibility for your actions in either uploading material to the Internet or in your transferral of any material to other Web Sites (or vice versa);

upload any material which may be considered to be contrary to public decency and morality including (but not limited to) pornographic, barbaric and overtly tasteless material. We reserve the right to randomly inspect the Web Site and in the event that any unauthorised material has been uploaded to that Web Site, we reserve the right to inform the relevant authorities and to terminate this Contact forthwith;

 cause or permit or in any way assist in any unauthorised publication or any dissemination of defamatory material or any material which could be considered to be in breach of the civil or criminal laws of England and Wales;

 commit any act whereby access is gained by you to any information or resources of any person, body corporate individual, partnership, government agency, national institution, charity or recognised organisation without first having obtained authority from those persons or institutions;

 use our servers or network to send unsolicited or spam e-mail to other Internet users regardless of whether we are referred to or not either directly or indirectly in such postings. Failure to meet this obligation would result in the termination of this Contract without refund;

not to use our servers or network either directly or indirectly in a way that would have a detrimental effect on network performance;

do any act or omission the result of which would have the effect of bringing us into disrepute.

5. HIGH RESOURCE USAGE POLICY

  1. Where we do not operate a bandwidth capping policy we maintain high ratios of bandwidth per Web Site. In the rare circumstances that a user utilizes our server resources to such an extent that it may jeopardize server performance and resources for other users then we reserve the right to implement the following High Resource User Policy at our sole discretion:
    Where a service is delivered with bandwidth restrictions and/or limitations we reserve the right at our sole discretion to charge you for excess bandwidth used however caused at the rate of 45 pence per gigabyte or part thereof.

Resources are defined as bandwidth, processor utilization or disk space;

We reserve the right to suspend or terminate any Web Site immediately in order to prevent the misuse of our servers and to maintain maximum availability for other users. You may be offered alternate hosting options including us hosting the Web Site for an additional fee.

6. LIMITATION OF LIABILITY

  1.  The following provisions set out the our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:

    (a) any breach of these conditions;

    (b) any use made by you of any of the Services;

    (c) the content of any information placed by you onto our server;

    (d) the failure of or any problem experienced by you in the operation of your Web Site;

    (e) with regard to any application, receipt of, or failure to receive Domain Name registration, the registration, renewal, non-registration, non-renewal, suspension, transfer, failure to transfer, operation, delivery, mis-delivery or any and all combinations or for any errors or omissions or any other actions by the registry administrator arising out of or relating to any application, receipt of, or failure to receive a domain registration; and

    (f) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

  2. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract save that where you are a consumer rather than a business no provision of this clause 6 or these conditions shall affect your rights as a consumer. As the Services are normally supplied immediately unless agreed otherwise with us there is not normally an opportunity to cancel under regulation 13 of the Consumer Protection (Distance Selling) regulations 2000

8. CHARGES AND PAYMENT

  1. Charges are payable in advance depending on the Service purchased as set out in the online customer order form and time for payment shall be of the essence. It is a condition of the provision of our Services that a regular credit or debit card or PayPal payment agreement is in force for the duration of this Contract and you agree to either update your details yourself via the control panel or to inform us of any change to your credit card or contact details.
  2. You may not make payment to us by any other means other than those detailed in condition 8.1 without our prior authority provided to you in writing or electronic mail.
  3. In the event that we agree to accept payment from you by any means other than credit or debit card you acknowledge that payment must reach our bank account no less than five working days prior to the invoice due date and that arranging this is your sole responsibility.
  4.  You shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by us to you.
  5. All payments payable to us under the Contract shall become due immediately on its termination despite any other provision.
  6.  Without prejudice to our other rights we reserve the right to charge daily interest on all outstanding amounts from the due date until payment is received in full at the rate equal to 4% per annum above the Bank of Scotland base lending rate as current from time to time whether before or after judgement. Interest shall continue to accrue notwithstanding termination of this Contract for any cause whatsoever. We reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
  7. Value added Tax where applicable will be added at the appropriate rate to the total of all charges shown on your invoice.
  8. Where payment is by credit card or debit card you expressly authorise us to charge recurring billing by such method until we receive from you a completed account cancellation notice (see condition 10.2) or the Services end.
  9.  If you dispute any payment made to us you shall contact us immediately to discuss repayment. In the event that you submit an unjustified chargeback (being a credit card or debit card chargeback or cancellation of a cheque or submission of a cheque that is returned for any reason) then the following shall be due and payable by you within 7 days for each instance of a chargeback

the charges due and payable by you for the Services used in the period covered by the chargeback; and

such chargeback costs as are levied upon us by your bank or credit card company; and

a chargeback administration fee of £50; and9.4. our reasonable costs and losses incurred in recovering the above-mentioned fees including debt recovery costs, legal fees and debt collection costs.

  1. 11. In the event of an unjustified chargeback our right to terminate this Contract as set out in condition 9 shall apply save that the period in clause 9.2 shall be shortened to 14 days and the period in condition shall be shortened to 10 days.