The following definitions are used in this document:
“Customer” means the person or entity set out in the Customer Order Form and/or anyone authorised by them to access the Web Hosting Service;
“Customer Order Form” means the order form for the supply by Hotlinks of the Web Hosting Services;
“Fault Reporting Hours” means between 10:00 and 18:00 hrs Monday to Friday excluding public or bank holidays in England and Wales;
“Linux Web Hosting Service” means the service set out in more detail at clause 6;
“Minimum Cancellation Notice Period” means 30 days, or such other period agreed between the parties. In either case the notice will not take effect until on or after the date on which the Minimum Service Period has ended;
“Minimum Service Period” means 1 month;
“Web Hosting Server(s)” means the physical hardware or virtual server(s) with associated operating systems and the Helm or CPanel control panel which enables the Web Hosting Service to work;
“Web Hosting Service” means the Web Hosting Service provided by Hotlinks to you pursuant to these Specific Terms and Conditions
2 THE SERVICES
2.1 These Specific Terms and Conditions: a) apply to the provision of the Web Hosting Services; and b) are supplemental to Hotlinks’s General Terms and Conditions of Supply.
2.2 Where there is a conflict or inconsistency between these Specific Terms and Conditions and the General Terms and Conditions of Supply, these Specific Terms and Conditions will apply.
3 SERVICE PERIOD
3.1 The Web Hosting Service will commence on the date of activation and will continue for the Minimum Service Period (unless it has ended or been suspended earlier than this in accordance with another part of this Agreement).
3.2 At the end of the Minimum Service Period, the Web Hosting Service will automatically continue until notice is given under clause 9.1 or until it is terminated in accordance with another part of this Agreement.
4 CONDITIONS OF USE
4.1 You agree to:
a) provide us with an authorised contact and an authorised contact number and keep this information up to date; and
b) keep the information set out at clause a) and any other relevant confidential information in a safe place and to take all necessary steps to ensure the security of such information so that it does not become known to any unauthorised person.
4.2 You agree that you will notify us immediately if you become aware of any change in circumstances which may lead you to believe that such information has become known to any unauthorised person.
4.3 You agree that we may, from time to time, suspend your Web Hosting Services at our discretion:
a) if we reasonably believe that such a step is in the interests of security;
b) if your use of the Web Hosting Services, is, or (in our opinion) is likely to be, detrimental to the provision of services to you or any of our customers, or to our business and/or reputation
4.4 You are responsible for any misuse of the Web Hosting Service, even if a colleague or employee has committed the inappropriate activity. Therefore, you must take steps to ensure that others do not gain access to your account.
4.5 You agree not to break or attempt to break security on any of our networks or systems, or to access an account that does not belong to you. You may not use scripts or programs that interfere with or deny services to other users on any other server, host, network or channel.
4.6 You are entirely responsible for the content of your user data, including but not limited to your Web pages and associated databases.
4.7 If you exceed your specified bandwidth allocation your Web Hosting Service may be suspended and you will be charged for such excess usage in line with Hotlinks’s then current charges for excess usage.
5 LINUX WEB HOSTING SERVICE
5.1 Detailed information regarding current fees and the features of the Linux Web Hosting Service can be found on our Web Hosting Service product page on our Website.
5.2 The key features of the Linux Web Hosting Service are as follows:
a) provision of web space;
b) allocation of bandwidth;
c) webmail;
d) access to the cPanel control panel;
e) access to detailed statistics and log files
6 FAULT REPORTING
6.1 Any fault with the Web Hosting Services must be reported to us as soon as possible either by telephone or email during Fault Reporting Hours.
6.2 We will use our reasonable endeavours to rectify any fault reported to us under clause 6.1, however, we cannot and do not guarantee that the Web Hosting Services will be fault free. Should faults occur we will use reasonable endeavours to correct them.
7 Hotlinks RIGHTS
7.1 We will not be held responsible for any unauthorised access to the Web Hosting Service or your data or content unless caused by our negligence or wilful misconduct.
7.2 Where Hotlinks is in breach of this Agreement and such breach can be remedied by either re-performance or compliant performance of Hotlinks’s obligations within a reasonable time, such re-performance and/or compliant performance shall be your sole remedy in respect of such breach.
8 DATA BACKUP
8.1 We take regular backups of our Web Hosting Servers, however, these backups are strictly for our own use and must not be relied upon as an alternative to keeping your own backups.
8.2 You are advised to make local backups of your data. We will not be liable for any loss, claim or damage which is caused by a failed backup or by a failure by you to make regular backups.
8.3 You understand and acknowledge that we will not be responsible for the integrity of your data or the fact that such data may be or become corrupt.
9 TERMINATION
9.1 Once the Web Hosting Service has been activated and is available for you to use, you can end this Agreement by giving us notice equal to the Minimum Cancellation Notice Period.
9.2 Upon the termination of this Agreement, we will delete all files and content from our Web Hosting Server(s), including but not limited to Web pages, images and database files, which we have hosted on your behalf as part of the Web Hosting Service.
9.3 It is your responsibility to make arrangements for the transfer of your data prior to the termination date. We cannot accept any liability for any loss or damage incurred by you as a result of the deletion of such data.
