HostComb (hereinafter referred to as "HostComb"), a provider of internet related services including dedicated and shared server, website hosting and domain name services. These Conditions set out the terms under which HostComb will provide Services to the Client (as such terms are defined below). These Conditions should be read in conjunction with the acceptable user policy which can be viewed at: http://www.hostcomb.co.uk/acceptable-user-policy.html. These Conditions will be supplemented from time to time by order confirmation forms setting out specific details relating to services requested by the Client and, as so supplemented, will apply to the exclusion of any other terms and conditions including any which the Client may attempt to introduce. HostComb reserves the right to change, add, subtract or in way alter these Conditions without the prior consent of the Client.
To the extent that the Client is deemed to be a consumer (as defined by the Unfair Contract Terms Act 1977) then these Conditions will not affect the rights of the Client as a consumer and will apply to the extent that applicable law allows.
By logging into your account or updating files you are deemed to have accepted these terms and conditions
These Conditions are divided into five parts, however all parts may not apply in every case:
In these Conditions, the following expressions will have the following meanings, unless inconsistent with the context:
(i) ICANN Registrants’ Benefits and Responsibilities Specification, found at https://www.HostComb.co.uk/terms/icann-registrant-benefits-and-responsibilities.shtml
(ii) ICANN Registrant Educational Materials (specifically for resellers), found at http://www.icann.org/en/resources/registrars/registrant-rights/educational
The Client will fully indemnify and keep HostComb and its Associated Companies, officers, partners, employees and agents fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including legal fees) whatsoever incurred by it and arising from any of the following:
Neither party is under any liability to the other party in respect of anything which, apart from this provision, may constitute a breach of the Agreement arising by reason of force majeure which means, in relation to either party, circumstances beyond the reasonable control of that party including acts of God, acts of any governmental or supra-national authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, unauthorised use or access to the IT systems of HostComb or the Client, explosion, flood, epidemic, lock outs (whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party's workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions, to the extent outside of its reasonable control.
Without prejudice to the remaining provisions of this clause 12 and any other rights and remedies available to HostComb:
The illegality, invalidity or unenforceability of any provision of the Agreement will not affect the legality, validity or enforceability of the remainder. If any such provision is found by any court or competent authority to be illegal, invalid or unenforceable, the parties agree that they will substitute provisions in a form as similar to the offending provisions as is possible without thereby rendering them illegal, invalid or unenforceable.
The Client may not assign the benefit or delegate the burden of the Agreement nor sub-license any of its rights under the Agreement (including to its Associated Company) without the prior written consent of HostComb. Any consent provided by HostComb under this clause is given on condition that the assignee or licensee, as the case may be, agrees to comply with the terms of the Agreement as if they were the Client. HostComb may sub-contract or assign any or all of its rights and obligations under the Agreement.
No variation or amendment to the Agreement (including any Order Confirmation) is effective unless agreed in writing and signed by an authorised representative of HostComb.
Any notice to be given or made by either party under or in connection with the Agreement must be in writing and given or made to the other party at its address stated in the Order Form or to such other address as either party may from time to time notify to the other. Every notice, if so addressed, is deemed to have been duly given or made, if delivered by hand, upon delivery at the address of the relevant party, if sent by prepaid first class post, two Business Days after the date of posting and if transmitted by facsimile, at the time of transmission (provided a confirmatory letter is sent by prepaid first class post) provided that, where, in accordance with the above provisions, any notice would otherwise be deemed to be given or made on a day which is not a Business Day or after 4.00 p.m. on a Business Day, such notice shall be deemed to be given or made at 9.00 a.m. on the next Business Day. HostComb may additionally serve notice on the Client under or in connection with the Agreement by email to the Client by sending an email to the contact email address stated on the Order Confirmation(s),and in such a case the email will be deemed sent once transmitted from HostComb's email server.
The construction, performance and validity of the Agreement will be governed by English law and the English courts have jurisdiction to settle any disputes which may arise out of or in connection with it.
The Client undertakes:
The Client may make only so many copies of the Software as are reasonably necessary for operational security and to Use the Software. Such copies and the media on which they are stored will remain the property of HostComb, and the Client will ensure that all such copies bear HostComb' proprietary notices. The provisions of Part 2 of these Conditions will apply to such copies as it applies to the Software.
Any Third Party Software is supplied to the Client on the basis of the relevant third party's standard licence terms provided to the Client with the relevant Third Party Software and with which the Client agrees to comply.
HostComb has created this Acceptable Use Policy (AUP) for hosting customers to protect our resources, and the resources of our customers and peering networks in order to provide a high speed network, high availability services and to ensure that HostComb complies with all relevant UK laws. This AUP must be read in conjunction with our Terms and Conditions.
It is the responsibility of all customers of the HostComb network and services to ensure that they comply with the latest edition of the AUP at any given time.
This AUP may be revised, without notice, at any time, at the sole discretion of HostComb. Completion of the relevant application form, or connection to the service for the first time, is deemed to be an agreement to our Terms and Conditions and this AUP.
In the event of a breach of this policy, HostComb reserve the right to terminate all or part of any service with immediate effect, without recompense, and delete any files held on our servers.
If you have any questions about any of our policies, please contact the Customer Service Team.
It is an offence under UK law to transmit, receive or store certain types of files.
Customers may not use our services to engage in activities, or store, transfer or receive material of an indecent, offensive or otherwise illegal nature. Any such activities may result in prosecution by the UK authorities under the relevant Criminal Acts including but not limited to the Computer Misuse Act 1990, the Protection of Children Act 1978, the Criminal Justice Act 1988 and the Prevention of Harassment Act 1997.
It is also a criminal offence under UK law to knowingly infringe intellectual property rights, such as copyright, patents, database rights and registered trade marks. Customers are reminded that sharing copyright material through the use of peer to peer software may consequently constitute a criminal offence if done without permission of the right owner in question. HostComb will co-operate with any agency or rights holder wishing to assert their rights in these matters and HostComb reserve the right to withdraw service under such circumstances.
The Data Protection Act 1998 imposes numerous duties on any organisation that processes personal data relating to third parties. Failure to comply with many of these duties constitutes a criminal offence. Customers who are not merely processing personal data for domestic (including recreational) reasons are reminded of their likely duty to register with the Information Commissioner.
Under the Electronic Commerce (EC Directive) Regulations 2002, HostComb is in general not liable to any criminal or pecuniary penalty for any unlawful acts carried out using our service unless we have actual knowledge of those unlawful acts. Accordingly, if we become aware of credible evidence that a customer has carried out any unlawful acts we will take preventative measures to bring those acts to an end.
The Internet is global in reach. Consequently it is possible for anyone using the internet to break the laws of foreign countries. Customers are therefore advised to take all reasonable steps to avoid breaching relevant foreign laws.
Our service warranties and the extent of our liability are explained fully in our Terms and Conditions.
By connecting to the HostComb network, Customers agree to hold HostComb harmless in the event of any legal claim regarding our services.
Customers acknowledges that they have a responsibility to ensure that their connection is not used in an irresponsible manner. HostComb deem irresponsible use of the services to include, but not be limited to, sending unsolicited e-mail ("spamming"), attempting to breach the security of a 3rd party machine, flooding Usenet by placing a single post in a large number of newsgroups, and if a service with unlimited or uncapped data usage is abused to the extent that it detrimentally affects other customer's services.
In the event that a customer's services are used for any purpose that HostComb deem irresponsible then HostComb reserve the right to suspend service while the usage is investigated in consultation with the customer. Should investigation determine that the service has been used irresponsibly, HostComb reserve the right to terminate the customer's account with immediate effect. Wherever possible the customer will be notified in advance of any termination.
Login names and passwords must be kept secret and not be communicated to any third party. HostComb must be notified immediately if they are compromised. If a customer forgets or loses their password, they will need to contact support to have it changed.
Customers are responsible for all traffic that is sent from their server. It is therefore the customer's responsibility to ensure that all software is virus-free and up-to-date with all relevant security patches. In particular, server software running on public-facing ports, such as mail servers and proxy servers, must not be remotely exploitable.
If HostComb find malicious traffic emanating from a customer's server, HostComb have an obligation to our other customers and peering networks to take urgent measures to block that traffic. In many cases, this can be achieved by selective port blocking, but in other cases, this will involve disconnecting and suspending the account until the issue has been resolved. HostComb understand that in many cases a customer may not be responsible for or aware of the problem, and therefore HostComb will work with the customer to resolve the issue as efficiently as possible to restore normal service.
Customers may not use HostComb services to send unsolicited commercial e-mail (UCE, also known as 'Spam'). HostComb will block the mail services of any customer found to be sending such mail.
Customers may not have 'open mail relays'. HostComb will close the relay or connection of any customer found with an open mail relay.
Opt-in mailing lists are allowed, where it can be proved that subscribers did opt-in and that a suitable opt-out mechanism is available.
HostComb reserve the right to remove any mail older than 60 days from shared mail servers. It is the customer's responsibility to ensure that mail is regularly collected and removed from HostComb' POP3 server. HostComb strongly advise against the use of the POP3 option to keep mail on the server. If a POP3 mailbox contains an excessive amount of mail, HostComb reserve the right to remove older mails from the mailbox to reduce its size.
If Clients have not logged into any mailbox provided by HostComb within a 6 month period this may result in the deletion of the mailbox.
By uploading to the services, the customer will be deemed to have accepted and agreed to the Terms and Conditions of use of the Web space service.
The Customer will be responsible for the content of their website, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law. HostComb reserve the right, without notice or explanation, to remove material which does not comply with this AUP or our Terms and Conditions, such as material of an adult nature or pirated software.
HostComb reserve the right to suspend any or all of the service at any time, without prior notice, explanation, or recompense.
Customers will be held solely responsible for any defamatory, confidential, secret or other proprietary material made available via their website. HostComb reserve the right to suspend any sites containing such material. Customers must be careful when using peer to peer networking software to ensure that they do not download or transfer material which they do not have the right to download or transfer.
You may not use our services in any way that would disrupt, impair, or interfere with our servers or with other customers' use and enjoyment of our services. This includes, but is not limited to, employing applications such as Shoutcast and Minecraft utilities that consume excessive CPU time, memory or storage space. Any file you store on the Server will be reachable via a hyperlink from a page. 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 that maintain a constant FTP connection uploading an image at regular intervals is forbidden.
Should your use of our services result in an overly high load on our servers in our sole discretion, we may suspend your account until the cause of any such overload is determined and resolved, or we may terminate your account if we believe that the situation cannot be satisfactorily resolved. Abuse of an "unlimited" service (e.g. bandwidth or hosting) to the extent that it detrimentally affects other customers' services will be treated in the same manner, such abuse to be assessed and decided upon at HostComb's sole discretion. We ask customers who intend to use high volumes of data to first discuss their requirements with our Support Team.
Login names and passwords must be kept secret and not communicated to any third party, except for agencies, such as Webpage designers, working on the customer's behalf. HostComb must be notified immediately if they are compromised. If someone were to gain access to a customer's account password, they could tamper with files held on the customer's website.
The customer has sole responsibility for ensuring that any data is suitably backed-up. HostComb will not keep backups of customers' websites. HostComb will accept no responsibility whatsoever for loss of data or information resulting from the use of this service.
If the account is suspended for any reason, such as non-payment, access to the customer's website, both for viewing and uploading, may also be suspended.
On closing an account, the relevant data on this Web space will be deleted.
By uploading to a HostComb dedicated server, the customer will be deemed to have accepted and agreed to the Terms and Conditions of use of the Web space service.
The customer will be responsible for the content on their server, including obtaining the legal permission for any works they include and ensuring that the content on the server does not violate UK law. HostComb reserve the right, without notice or explanation, to remove from the network a server which does not comply with this AUP or our Terms and Conditions, such as one storing material of an adult nature or pirated software.
HostComb reserve the right to remove a server from the network, if it is deemed to be causing excessive load or traffic, is adversely affecting the performance of other servers on the network, or is being abused by an external entity. It is the customer's responsibility to ensure that their scripts are not vulnerable to these problems.
The customer agrees not to advertise their Website via unsolicited commercial e-mail. HostComb reserve the right to suspend a site which has been 'spamvertised' at any time.
HostComb do not impose quotas for data transfer on dedicated servers. However if a customer is using an excessively high volume of bandwidth for data transfer HostComb reserve the right to revert to its terms and conditions and impose a charge for high usage. We ask customers who intend to use high volumes of bandwidth for data transfer to first discuss their requirement with their dedicated Account Manager.
Customers will be held solely responsible for any defamatory, confidential, secret or other proprietary material made available via their dedicated server. HostComb reserve the right to remove from the network any server containing such material. Customers must be careful when using peer to peer networking software to ensure that they do not download or transfer material which they do not have the right to download or transfer.
Login names and passwords must be kept secret and not communicated to any third party, except for agencies, such as Webpage designers, working on the customer's behalf. HostComb must be notified immediately if they are compromised. If someone were to gain access to a customer's account password, they could tamper with files held on the customer's server.
The customer is ultimately responsible for ensuring that their site is suitably backed-up.
If the account is suspended for any reason, such as non-payment, access to the server may be suspended.
On closing an account, the data on the dedicated server will be deleted.
Any attempt to breach the security of any machine is forbidden. Attempting to do so will result in immediate account termination and possible further legal action. Users may not run any program that monitors network packet data or any program that compromises the privacy of network traffic.
It should be noted that attempting to breach security may lead to prosecution under the Computer Misuse Act 1990 or any other relevant criminal legislation.
Attempts to circumvent copy protection technology and encryption are also likely to be illegal under the Copyright Designs and Patents Act 1988 (as amended).
Customers may not mount an attack, by whatever means, against our system, or any other systems. Customers may not run unauthorised mailing lists from or through any of our machines or mail servers.
Any IP addresses assigned to customers are owned by HostComb.
When using a quota-based service, it is the customer's responsibility to remain within their usage quota. In regards to bandwidth any use over or above your stipulated level will result in a charge of £0.005 per every Mega Byte (MB) you exceed. HostComb reserves the right to delete files for over-quota users if disk space is affecting the normal running of the server.
Using the Services for any activity which adversely affects the ability of other people or systems to use HostComb's Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the Customers responsibility to ensure that their network is configured in a secure manner. A Customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
A HostComb affiliate is not eligible to earn commission from products purchased for their own use, whether by clicking through a banner they have placed upon their own website, or by clicking on another website's HostComb affiliate banner.