Maximumhost.co.uk Terms and Conditions

By ordering with us (Maximumhost.co.uk), you accept and agree to our terms and conditions as follows:

1.1
"agreement" means the agreement between Maximum Host and the customer for the provision of services formed by these conditions and the order confirmation(s)
1.2
"customer's content" means any files or data stored on the customer's allocated disk space as granted through their hosting package
1.3
"downtime" means any service interruption in the availability to visitors of the Website;
1.4
"intellectual property rights" means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;
1.5
"IP address" stands for internet protocol address which is the numeric address for the server;
1.6
"ISP" stands for internet service provider;
1.7
"Maximum Host" means Maximumhost.co.uk
1.8
"order confirmation" means the email sent to the customer, after having ordered a service from Maximum Host, containing information related directly to the customer's order
1.9
"server" means the computer server equipment maek accessible through Maximum Host in connection with the provision of the services;
1.10
"services" means domain name registration, web hosting, email / webmail and any other services or facilities provided by Maximum Host.
1.11
"spam" means sending unsolicited and/or bulk emails;
1.12
"virus" means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "trojan horses";

2.1
The headings used in this agreement are for convenience only and are not intended to be part of nor to affect the meaning or interpretation of any of the agreement.
2.2
The expression "person" includes but is not limited to any:
• individual
• firm
• corporate body
• unincorporated association
• partnership
• government
• agency of a state
• joint venture
2.3
The words "include", "includes", "including" and "included" will be construed without limitation unless inconsistent with the context.
2.4
Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
2.5
Maximum Host shall provide to the customer the services specified in their order subject to the following terms and conditions.

3.1
Maximum Host accepts the following methods as payment: Credit cards, specifically Mastercard and Visa and debit cards, specifically Maestro (previously Switch), Solo, Visa Electron and Visa Delta.
3.2
Maximum Host does not accept any other form of payment, which includes: bank transfers, cheques, cash, postal orders or any other form of payment other than those outlined in 3.1
3.3
Maximum Host does not provide credit facilities.
3.4
Refunds will not be issued for yearly services that are cancelled before the end of the year.
3.5
Should your chosen payment method fail Maximum Host will attempt to settle your invoice using any other payment facilities available on your account.
3.6
Any services provided to the customer will be automatically cancelled should the customer choose not to renew them at least 3 working days before they are due to expire.
Maximum Host will email the customer's primary email address 60 days, 30 days and 15 days prior to renewal of services.
It is the customer's responsibility to keep us updated of their current email address.
3.7
Maximum Host is not responsible for the delivery of emails to customers and the onus is on the customer to check the expiry date of the services.

4.1
Maximum Host shall maintain control and ownership of the IP address that is assigned to the customer as part of the service and reserves the right in its sole discretion to change or remove any and all IP addresses.
4.2
Where Maximum Host changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the customer.

5.1
Maximum Host will endeavour to ensure the services provided to the customer are available 100% of the time, but due to the services being provided through computer and telecommunication systems, Maximum Host does not guarantee in any way the service will be free from errors or uninterrupted.
5.2
Maximum Host shall not be liable for any interruption of the service or down time of the servers in any event.

6.1
Maximum Host will make backups of data stored on the servers in case of system failure, however Maximum Host does not provide data restoration for individual customers.
Additionally, should there be a need to restore data, Maximum Host accepts no responsibility for any data loss or corruptions.
6.2
Maximum Host may make copies of the customer's content as may be necessary to perform its obligations under this agreement, including back up copies of the content.
Upon termination or expiration of this Agreement, Maximum Host shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.

Upon a customer choosing to use our services, the customer agrees to the following:
7.1
Any content uploaded, published, displayed or stored on the servers will not breach any law, statute or regulation.
7.2
The services provided to the customer will be used for lawful purposes only and any content uploaded, stored or transmitted from the services will be the customers responsibility.
7.3
The services will not be used in the following ways:
• in any way to send unsolicited email (or "spam").
• with the intention or result of affecting any computer facilities, both interally or externally to Maximum Host.
• to publish, distribute, store or display obscene, pornographic, indecent, defamatory, racist or any unlawful material or information.
• to publish, distribute, store, display or make available material which infringes intellectual property rights, which includes any licensed software (or "warez")
• with the intention to disrupt, abuse, threaten or otherwise violate the rights of others
• to engage in illegal or unlawful activities
• to publish, distribute, store, display or make available any form of virus, worm, trojan or file designed to cause corruption or disruption to any computer system
• to operate permanent server process, such as but not limited to IRC servers or IRC bots
7.4
Maximum Host will not be liable and is not obliged to monitor any content transmitted from the services provided to the customer.
7.5
Should the customer fail to comply with all the statements above (section 7), Maximum Host will be entitled to withdraw the services provided to the customer without notice and without refund.

8.1
Access to the services will be provided through the control panel (eXtend), FTP access and SSH access using the username and password provided to the customer.
8.2
The customer is responsible for keeping this information safe and confidential and must inform Maximum Host should they suspect these details have become known to an unauthorised person or persons.

9.1
A domain name will be deemed successfully registered once it appears in the relevant whois database of the top level domain name registrar.
9.2
Should a domain name be unavailable when we attempt to register it, Maximum Host will provide a full refund for that domain name.
This will be the full extent of our liability.
9.3
When a domain name is due for renewal, Maximum Host will make reasonable endeavors to ensure it is renewed, once the renewal fee has been paid.
Should we be unable to renew the domain for any reason and subsequently the domain name is lost, Maximum Host will only be liable for the renewal fee for that domain name. This is the limit of our liability.

Maximum Host is not responsible for any programming issues encountered by customers other than ensuring that the scripting / programming languages are available and functioning correctly on the web hosting system. This covers Python, Perl, PHP, Miva and ASP where applicable.

11.1
Our web hosting packages have a monthly bandwidth limit. Should you exceed the monthly limit on your web hosing package in any one month, your account will be deactivated until the next month, or until you upgrade your hosting package to one with more bandwidth.
The amount of bandwidth used for the month can be found in the eXtend control panel.
11.2
Customers hosting file distribution including but not limited to music, video and software will be limited to a maximum bandwidth of 25 GB per month.
11.3
Web hosting accounts are prohibited from hosting graphics, scripts, pages, files or data for other websites, or as a backup.

12.1
Web hosting packages should not use more than 5% of the server's processing power at any time. Should customer's web hosting package exceed this limit and have a detrimental effect on other customers, Maximum Host will contact you to discuss other possible hosting solutions.
Should this be a persistent problem, Maximum Host will deactivate your account temporarily.
12.2
Maximum Host does not allow proxy sites of any nature to be hosted on its network.

Maximum Host may need to contact customers from time to time via email to inform you of changes to our terms and conditions, notifications of scheduled down time, outages and other information, and as such you agree to receive such notifications.
Your email address will NOT be passed on to third parties.

Mail boxes not accessed for 100 days or more will be deleted from the system.

When a web hosting account is deactivated, you agree that after 50 days this account may be deleted from the system without notice.

16.1
Any conditions, warranties or terms not expressly stated in this agreement are excluded.
16.2
Maximum Host will not be liable for any viruses, worms, trojans or similarly disruptive software introduced by the customer or passed on to the customer.

Should the customer breach the terms of this agreement, they will not hold Maximum Host or it's employees liable for any legal fees, costs, losses, damages or any other expenses incurred in relation to claims or actions brought against Maximum Host. This includes any liabilities arising out of or relating to the customer's website.

18.1
The liability for any claims whatsoever made against Maximum Host or it's employees to the customer, shall be limited to the charges paid for the services by the customer.
18.2
Maximum Host will not be liable, in any event, for any loss of profit, business, opportunity or any other loss or damage indirect or otherwise to the customer.
This will also apply even where the possibility of loss or damage has been made aware to Maximum Host or was reasonably foreseeable.

19.1
This agreement is effective from the date of purchase of services from Maxium Host and will continue until terminated by either party in writing (including email) where they state their intention to terminate the agreement.
19.2
Maximum Host may terminate this agreement with immediate effect should the customer fail to pay for the services when payment is due.
19.3
Either party can choose to terminate this agreement forthwith by notice in writing to the other party should any of the following apply:
• the other party commits a material breach of this agreement which cannot be remedied under any circumstances
• the other party commits a material breach of this agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice (including email) from the other party to do so
• the other party ceases to carry on its business or substantially the whole of its business
• the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets
19.4
Any rights to terminate this agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this agreement as at the date of termination.
19.5
On termination all data held in the customers account will be deleted, including any emails or data stored on the servers

20.1
Maximum Host may assign or otherwise transfer this agreement at any time.
20.2
The customer may not assign or otherwise transfer this Agreement or any part of it without Maximum Host's prior written consent.

21.1
Neither party will be liable for any delay or failure to perform any of their obligations should the failure result from events or circumstances outside their reasonable control.
This includes, but is not limited to:
• acts of God, fire, flood
• strikes
• war
• the act or omission of the government or an internet service provider (ISP)
• disruption of telecommunications carriers
• operator or administration or other competent authority
• failure or delay caused through manufacture, production or supply of third party equipment or services
21.2
The other party will be entitled to a reasonable extension to their obligations having notified the other party of the nature and extent of such events.

If any provision of this agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

Notices that need to be provided to the other party may be sent by email, fax or recorded delivery, where applicable, to the address or phone number as appearing in this agreement, in the customer's online account or the address or phone number provided to either party in writing during other communications.
Should the communication be provided by email, it will be deemed to be received on the day it was sent, unless proved otherwise.
If the communication is provided by way of fax, it will be deemed to be received on the day it was sent, on receipt of an error free transmission.
Otherwise, a communication sent by recorded mail will be deemed to be received on the date it is signed for as provided by the mail courier.

This agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This agreement may be updated without notice.

This agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

To protect your privacy we will not distribute your details to third parties, unless required to do so by law.