Web Hosting Terms and Conditions
THE CUSTOMER IS NOTIFIED THAT IF THEY BREACH THESE TERMS AND CONDITIONS, HOSTED WEB PAGES/DATA MAY BE IMMEDIATELY WITHDRAWN
Steery Consulting web hosting is a web space and internet domain service provided by Steery Consulting Ltd, a company registered in England and Wales with number 07455895.
Use of any of the Steery Consulting Ltd computer network (hereafter ‘the Network’) by the Customer is at all times subject to the terms and conditions of this Agreement.
1. Duties of the customer – During the term of this Agreement the Customer shall:-
1.1. where it is the company procedure, so far as the law allows, that any individual using the Network and using its personal identification, password or other confidential information, assumes the same liabilities under this Agreement as the company itself;
1.2. ensure that any and all information (including statements of opinion or advice) which it places on its web page is accurate, truthful and reliable;
1.3. comply with all relevant legislation regarding its use of the Network;
1.4. provide any goods or services advertised for sale on its web pages in conformity with any description and warranties given by the Customer;
1.5. ensure that it holds all the necessary authorisation to promote any information which it includes on its web pages;
1.6. keep secure all its data, Network identification, password and other information relating to its account;
1.7. inform Steery Consulting Ltd immediately if it finds any evidence of infiltration of its data and take any and all steps to prevent that infiltration and to notify the appropriate authorities;
1.8. inform Steery Consulting Ltd immediately if a third party steals or abuses its password or if it finds or learns that a third party is using its personal identification;
1.9. co-operate full with Steery Consulting Ltd and the law enforcement authorities concerning any legal action, either current or pending, concerning the misuse of the Customer’s account;
1.10. not in any circumstances use the Network to:-
1.10.1 distribute or disseminate any indecent or unlawful information or any information which is in any way libellous;
1.10.2 violate the rights of third parties (including those rights of privacy and publicity;
1.10.3 engage in any illegal activities;
1.10.4 without the legal owner’s content, make available any files that contain software or any other material protected by any laws of intellectual property or of privacy or publicity;
1.10.5 make available any computer files which contain a computer virus or any corrupted data; or
1.10.6 falsify the source or origin of any software or any other material contained in a computer file made available by the Customer on its web pages.
1.11. comply with all technical protocols and standards relating to the use of the Network.
1.12. indemnify Steery Consulting Ltd against any and all loss, damages and costs sustained by Steery Consulting Ltd arising out of any breach by the Customer of any of its obligations under this Agreement and at the request of Steery Consulting Ltd it shall provide all such reasonable assistance as Steery Consulting Ltd may request to enable Steery Consulting Ltd to resist any action, claim or proceedings brought against Steery Consulting Ltd as a consequence of any such breach.
2.1. Steery Consulting Ltd reserves the right to charge interest to the Customer on any sums, fees or other charges payable under this Agreement which are not paid on the due date and such interest may be charged (as well after as before a judgement) at a rate of 5% per annum above the base rate of National Westminster Bank plc from time to time subsisting such interest to accrue on a daily basis.
3. Agreement to Terms and Conditions
3.1. This Agreement takes effect on the date on which the Customer receives these terms and conditions relating to its use of the network which shall predate the date on which the customer first uses the Network.
3.2. From time to time, it will be necessary to update these terms and conditions. Steery Consulting Ltd undertakes to give the Customer, wherever possible 7 days notice of any change and the Customer shall indicate its agreement to be bound by the new terms and conditions by its use of the Network after its implementation date.
3.3. Steery Consulting Ltd reserves the right to introduce new terms and conditions immediately where necessary for the protection of the Network.
3.4. Steery Consulting Ltd reserves the right to charge interest to the Customer on any sums, fees or other charges payable under this Agreement which are not paid on the due date and such interest may be charged (as well after as before a judgement) at a rate of 5% per annum above the base rate of National Westminster Bank plc from time to time subsisting such interest to accrue on a daily basis.
4. Information Provided by the Customer
4.1. The Customer warrants that the name, address and payment information that it provides when the Customer enters into this Agreement, is correct and the Customer agrees to notify Steery Consultingly Ltd of any changes in its name, address and/or payment details.
4.2. The Customer agrees that Steery Consulting Ltd may disclose the Customer’s name and address where there is any complaint about the content of the Customer’s pages in relation to goods or services advertised there. In such circumstances Steery Consulting Ltd also reserves the right to remove the Customer from the Network.
4.3. Where the Customer is an individual it confirms that it is at least 18 years of age and that it possesses the legal right and ability to enter into this Agreement and to use the Network in accordance with this Agreement.
4.4. The Customer is responsible for the use of the Network and shall comply with its responsibilities and obligations as stated in this Agreement.
5. Exclusion Clause
5.1. So far as the law allows, Steery Consulting Ltd shall not have any liability or obligation under this Agreement in respect of:-
5.2. anything contained within the Customer’s web pages which infringes any law or any rights of any third parties;
5.3. any failure of any of the goods or services advertised or offered for sale by the Customer on its web pages to conform with any express or implied representations contained within those web pages;
5.4. any information of the Customer’s data by any third party of any loss of damage to that data;
5.5. any unavailability or interruption of the Network for any reason;
5.6. any warranties implied under the law with regards to the merchantability of fitness for the purpose of the Network.
5.7. So far as the law allows, Steery Consulting Ltd shall not accept any liability for any direct, indirect, special, consequential, exemplary or punitive damages or any loss of profit or any losses incurred by the Customers in connection with the Network, howsoever such losses arise.
5.8. Without admitting any liability under this Agreement, should Steery Consulting Ltd be held liable to the Customer for any breach of this Agreement then the extent of that liability shall be limited to the amounts paid by the Customer under this Agreement or the loss suffered as a result of that breach if less than the amounts paid by the Customer under this Agreement.
6.1. Steery Consulting Ltd will not monitor the contents of the Customer’s pages. Files that the Customer uploads to its web pages are subject to withdrawal without notice by Steery Consulting Ltd upon complaint about its content where Steery Consulting Ltd at its sole discretion deems this necessary.
6.2. The Customer warrants the accuracy, truthfulness and reliability of any information (including statements of opinion or advice) which it places on its web pages.
6.3. The Customer warrants that it is authorised to promote any information it does include on its web pages (for example if the Customer is providing financial information, that it holds any necessary authorisation under the Financial Services Acts etc.).
6.4. The Customer agrees to keep secure its Network identification, password and other confidential information relating to its account.
6.5. Steery Consulting Ltd cannot guarantee that the Network will never be infiltrated by unauthorised users. The Customer’s data may not be secure against such infiltration and the Customer assumes that risk. If the Customer finds evidence of infiltration, it should inform Steery Consulting Ltd and steps will be taken both to try and prevent it and to notify the proper authorities.
6.6. The Customer is personally responsible for the use of its account and the secrecy of its password. If the Customer is a corporate user then the company is also responsible, together with the individual using the account. In addition, the Customer is deemed to be logging onto the Network (i.e. the authorised person for that account) when an account is logged on by using the correct account ID and password. The Customer must also inform Steery Consulting Ltd immediately if someone steals its password or if it finds someone else is using its ID. The Customer agrees to co-operate with Steery Consulting Ltd and the police concerning any legal action taken or pending arising from the misuse of the Customer’s account by any third party.
6.7. The Customer is entirely responsible for the content of its web pages. The Customer may not, under any circumstances, use the Network to do any of the following:
6.8. publish, post, distribute or disseminate defamatory, infringing, obscene, indecent or other unlawful material or information;
6.9. threaten, harass, stalk, abuse, disrupt or otherwise violate the legal rights (including rights of privacy and publicity) of third parties;
6.10. engage in illegal or unlawful activities;
6.11. make available / upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the Customer owns or controls the rights thereto or has received all necessary consents;
6.12. make available / upload files that contain a computer virus or corrupted data, falsify the source or origin of software or other material contained in a file that the Customer makes available on its web pages;
6.13. act, in the Customer’s use of the web pages, in a manner that is contrary to any applicable laws or regulations. The Customer is entirely responsible for any civil or criminal liability which is incurred as a result of its use of the web pages.
6.14. So far as the law allows if the Customer posts a libellous message, it is the Customer that publishes it and the Customer who will be liable for the consequences of it. The Customer will also be liable for Steery Consulting Ltd’s legal costs incurred in defending any defamation or libel action related to the Customer’s page content and the Customer agrees to indemnify Steery Consulting Ltd for any damages which are awarded against Steery Consulting Ltd by a court of law or which Steery Consulting Ltd pays as a result of settling such an action upon legal advice.
6.15. The Network may only be used for lawful purposes by the Customer. The Customer acknowledges that Steery Consulting Ltd is unable to exercise control over the content of the information passing over the Network, and Steery Consulting Ltd shall not be liable for any posting, transmission or reception of information which infringes any applicable laws or regulation or which infringes any third party rights. Such posting, transmission or reception is strictly prohibited. The Customer is responsible for creating, maintaining and designing its own pages. Steery Consulting Ltd cannot guarantee the availability of the Network and reserves the right to suspend or terminate the Customer’s connection to the Network at any time.
7.1. The failure or delay by Steery Consulting Ltd in exercising any right, power or remedy under this Agreement shall not in any circumstances impair such right, power or remedy nor operate as a waiver or shall any single or parental exercise by Steery Consulting Ltd of any right, power or remedy under this Agreement in any circumstances preclude any other or further exercise of it or the exercise of any other right, power or remedy. Any waiver of a breach of, or default under, any of the terms of this Agreement shall not constitute a waiver of any subsequent breach or default and shall in no way affect the other terms of this Agreement.
8.1. If the Customer shall:-
8.1.1 fail to make any payment under this Agreement (or any other sum payable under any other agreement between Steery Consulting Ltd and the Customer to Steery Consulting Ltd within 30 days of it becoming due (whether demanded or not); or
8.1.2 commit a material breach of any term of the Agreement, whether express or implied (or of the terms of any other agreement described in the clause 7.1.1);
8.1.3 commit a breach of any term of the Agreement which is capable of being remedied and fail to remedy that breach within 7 days of a request so to do; or
8.1.4 do or allow to be done any act or thing which in the opinion of Steery Consulting Ltd may jeopardise the reputation of Steery Consulting Ltd or its rights in the Network;
8.1.5 then in each case the Customer shall be deemed to have repudiated the Agreement and Steery Consulting Ltd may, at its absolute discretion, at any time within 3 business days’ notice terminate the Agreement.