All UK domain name Registrations are registered in line with Nominet’s Terms & Conditions which can be found athttp://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration
This Agreement represents the Terms & Conditions which apply between the Customer & Utopia Host (hereafter referred to as the Supplier) in relation to the provision of Web Hosting Services (hereafter referred to as the Service).
By registering for the Service you are acknowledging these terms & conditions and agree to be bound by them. You warrant that you buy our services as a customer and not as a business. Utopia Host reserves the right to reject, cancel or otherwise refuse service to anyone, including reasons not covered elsewhere in these Terms of Service.
|Technical Support||Means the receipt and provision of assistance to the Customer for Valid Enquiries.|
|Acceptable Usage Policy||Means the Supplier’s Acceptable Usage Policy which can be found at the following link: http://utopia-host.com/site/fair-usage-policy/|
|Annual Fee||Means a charge payable to the Supplier each year and for which subsequent payments shall be made on the same date each year|
|Application Enquiry||Means any Registered User enquiry which is concerned with the functionality of any software application other than for the purposes of uploading data to the User’s Web Hosting Space. This includes but is not restricted to Perl or CGI scripts or mySQL/SQL and PHP database enquiries.|
|Bandwidth||Means the amount of network space allocated to the Customer and is shown in the relevant Hosting Packages|
|CGI||Means Common Gateway Interface|
|CGI Policy||Means the Suppliers Policy relating to the use of CGI and which can be found at the following link: www.Utopia Host.co.uk/acceptable-usage/|
|DNS||Means Domain Naming System|
|Domain Name||Means a unique identifying address which represents an internet website address|
|Domain Name Registration||Means the process for registering a domain name and which may be offered by the Supplier or a third party. To view the Supplier’ Domain Name Terms & Conditions, please go to: http://utopia-host.com/site/terms-of-service/|
|Domain Name Registration Fee||Means a Fee payable to the Supplier for the purpose of obtaining a Domain Name Registration. To view the Supplier’ Domain Name Terms & Conditions, please go to: http://utopia-host.com/site/terms-of-service/|
|Dreamweaver||Means an HTML Editor produced by Macromedia|
|Dreamweaver Ultradev||Means an HTML Editor produced by Macromedia|
|E-Mail Configuration||Means the process of configuring a Registered User’s computer to connect to the Registered User’s Web Hosting Space for the purpose of sending & receiving e-mail using, but not restricted to Microsoft Outlook Express or versions of Microsoft Outlook|
|E-mail Facility||Means the provision of electronic mail services using the Webspace & the Customer’s Domain Name|
|FTP||Means File Transfer Protocol|
|FTP Program||Means a software program for uploading data from a remote computer to the Registered User’s Web Hosting Space using FTP|
|FuturePay||An automatic system for processing recurring fees on a monthly or annual basis using the Payment Gateway. If the Customer does not cancel the FuturePay then payment for the Service Charge shall be automatically charged to the Customer´s credit or debit card on the monthly or annual anniversary of the initial Service Charge. The Customer can cancel the service in accordance with the Termination section (Section 15) of this agreement. If the Customer does not Terminate the service then they shall be deemed to have accepted that they wish to continue the service & the FuturePay shall continue to process the Service Charge.|
|Helpdesk||Means an online facility which allows Customer’s to register issues relating to the Service and which the Supplier shall respond to. The Helpdesk can be found at: http://utopia-host.com/whmcs/|
|Hosting Packages||Means the definition of the amount of Webspace, Bandwidth & E-mail Facilities allocated to the Customer details of which can be found at: http://utopia-host.com/whmcs|
|HTML||Means Hypertext Markup Language|
|HTML Editor||Means a software tool for creating HTML code and includes, but is not limited to Dreamweaver and Dreamweaver Ultradev|
|Invalid Enquires||Means any Application Enquiry; any Script Enquiry; any enquiry received from Unregistered Users|
|Live Help||Means an internet facility provided by LivePerson Inc. which allows the Supplier representatives to communicate with Registered Users.|
|Monthly Fee||Means a charge payable to the Supplier each month and for which subsequent payments shall be made on the corresponding date each month. For the purpose of clarity, if the first Monthly Fee is paid on the 1st June, subsequent payments will be made on the 1st of each month. In instances where the first Monthly Fee is taken on the 29th, 30th or 31st of the month, the payment shall be due on the closest preceding date in months where these dates do not exist.|
|MySQL||Means a database management system based on SQL|
|Payment Gateway||Means the internet facility provided by the Supplier to accept either credit & debit card payments or PayPal Transactions and through which all payments for the Service shall be made by the Customer|
|Perl||Means a scripting language used to write CGI programs|
|PHP||Means a server side scripting language|
|Reference Transaction||An automatic system for processing recurring fees on a monthly, quarterly or annual basis using PayPal. When the Customer makes their first purchase using the PayPal system a PayPal Subscription shall be created so that subsequent payments can be processed to the Customer’s PayPal account. If the Customer does not cancel the PayPal Subscription then payment for the Service Charge shall be automatically charged to the Customer´s PayPal account on the monthly, quarterly or annual anniversary of the initial Service Charge. The Customer can cancel the PayPal Subscription at any time or request cancellation of the service in accordance with the Termination section (Section 15) of this agreement. If the Customer does not Terminate the service then they shall be deemed to have accepted that they wish to continue the service & the PayPal Subscription shall continue to process the Service Charge.|
|Refund Policy||The Refund Policy shall be that which is published on the Supplier’s website at the address: http://utopia-host.com/site/terms-of-service/|
|Registered Users||Means the Web Hosting Customers who have been registered to use the Service and for whom the appropriate charges have been paid|
|Script Enquiries||Means any enquiry related to the functionality of any software programme including, but not limited to CGI, Perl, SQL & PHP|
|Service Charge||Means a charge payable to the Supplier and consists of either the monthly fee or the annual fee. When the Service Charge is made initially the system shall set up a FuturePay or a Reference Transaction|
|Service Month||Means the period of 1 calendar month immediately following payment of the Monthly Fee|
|Service Year||Means the period of 1 calendar year immediately following payment of the Annual Fee|
|Spam||Please refer to Spam Policy|
|Spam Policy||Means the Suppliers Policy relating to Spam and which can be found at the following link: http://utopia-host.com/site/fair-usage-policy/|
|SQL||Means Structured Query Language|
|Terms or Website Use||Means the Supplier’s Acceptable Usage Policy which can be found at the following link: http://utopia-host.com/site/terms-of-service/|
|Unregistered Users||Means any Users who request the Service from the Supplier who are not Registered Users|
|Valid Enquiries||Means an enquiry received from a Registered User related to the provision of DNS information, Web Hosting Control Panel Enquiries, E-mail configuration, uploading a website to the Registered User’s webspace using an FTP program (including those built into HTML Editors), uploading a database to the Registered User’s webspace using SQL or PHP, assistance with the installation of Perl or CGI Scripts to the correct location in the Registered User’s webspace|
|Web Hosting Control Panel||Means a software interface provided by the Supplier and which forms part of the Registered User’s Web Hosting Space and which provides a range of web hosting functions|
|Web Hosting Control Panel Enquiries||Means an enquiry received from a Registered User related to the functions provided by the Web Hosting Control Panel.|
|Webspace||Means the electronic infrastructure which the Supplier provides the Customer with for the purpose of the Service. It consists of disk space measured in MB, Bandwidth & E-mail facilities which are outlined at: http://utopia-host.com/whmcs|
- SUPPLIER’S RESPONSIBILITIES
The Supplier is responsible for providing the Customer with the following:
- E-Mail Facility
- Support to Registered Users via Support Tickets through the Client Area
Utopia Host offers web hosting services to home users. The service is not intended to be used by large companies or international organizations or for larger data processing activities which would be better suited to a Dedicated Server. Utopia Host may offer unlimited disk space and bandwidth on certain shared hosting accounts. As these accounts are on shared servers the service allows Registered Users to use the shared resources of the server. In order to ensure that no one single website can adversely affect the other Registered Users, Utopia Host’s servers use systems to restrict the amount of certain key
- – CPU
- – Concurrent connections
- – IO
- – Number of processes
- – Memory
- – MySQL CPU & IO
On that basis, if a Registered User is identified as being close to these limits on a consistent basis, Utopia Host will advise alternative and more appropriate hosting services such as a Virtual Private Server (VPS) or a Dedicated Server. In extreme instances Utopia Host reserves the right to suspend or cancel the service at their discretion. In such cases, Registered Users will be informed and invited to make the necessary back ups of their account via their web hosting control panel.
- EXCLUSIONS FROM THE SERVICE
The following are specifically excluded from the Service:
- The cost of Domain name registration is specifically excluded from the cost of the Service;
- Advice or support for Invalid Enquiries;
- Any access by the Supplier to the Customer’s Webspace via FTP or other electronic means unless with prior agreement with the Registered User
- Advice or support to enquiries received from Unregistered Users
- Adult Content – for further information please refer to our Acceptable Usage Policy at: http://utopia-host.com/site/fair-usage-policy/
- Spam – for further information please refer to our Acceptable Usage Policy at: http://utopia-host.com/site/fair-usage-policy/
- Any content which contravenes the Supplier’s Acceptable Usage Policy at: http://utopia-host.com/site/fair-usage-policy/
- CUSTOMER’S RESPONSIBILITIES
The Customer is responsible for ensuring that they will not display via the webspace any materials which:
- Break, contravene, infringe or violate any UK or Foreign Laws or regulations;
- Break, contravene, infringe or violate any intellectual property rights of Utopia Host or any other third party;
- Are defamatory, slanderous or libellous;
- Are harassing or threatening;
- Are discriminatory based on gender, race, age or promotes hate;
- Violate any Utopia Host policy posted on the Utopia Host website and which includes but is not limited to our Acceptable Usage Policy;
- Contain viruses or other computer programming defects which result in damage to Utopia Host or any third party
The Customer accepts that they may only utilize the Bandwidth allocated to them in the relevant Hosting Package.
The Customer accepts that they will use only properly licensed third party software in relation to the Service.
The Customer is responsible for ensuring that they have made back-up files using the Back-up facility provided as part of the Service via the Web Hosting Control Panel.
- CONTACT WITH THE SUPPLIER
The Customer acknowledges and recognises that all contact with the Supplier in the first instance should be made via Live Help, the Helpdesk or via e-mail to support@Utopia-Host.com
The Customer agrees that the Supplier shall offer telephone support as part of the Service only once the Customer has placed a call on the Helpdesk & can quote a Helpdesk reference to assist in the rapid diagnosis of the problem. The Refund Policy shall be that which is published on the Supplier’s website at the address: http://utopia-host.com/site/terms-of-service/
The Service Charge shall be those published on the Supplier’s website
Any changes to the value of the Service Charge shall be notified by e-mail to the Customer and shall take effect from 30 days of this notification.
The Service Charge does not include the Domain Name Registration Fee.
The Monthly Fee for the Service shall be paid by the Customer using the Supplier’s Payment Gateway in advance of the applicable Service Month. The Supplier reserves the right to refuse service to the Customer should the Monthly Fee not be paid in advance of the Service Month. In such instances, if a Customer’s account is suspended there shall be a £10 reactivation charge, which can only be waived at the Supplier’s sole discretion.
The Annual Fee for the Service shall be paid by the Customer using the Supplier’s Payment Gateway in advance of the applicable Service Year. The Supplier reserves the right to refuse service to the Customer should the Annual Fee not be paid in advance of the Service Year. In such instances, if a Customer’s account is suspended there shall be a £10 reactivation charge, which can only be waived at the Supplier’s sole discretion.
The Refund Policy shall be that which is published on the Supplier’s website
The Customer agrees to adhere to the Terms or Website Use.
- DISPUTE POLICY
The Customer agrees to be bound by the Utopia Host Dispute Policy which can be found at http://utopia-host.com/site/terms-of-service/
The Customer also agrees that in the event that a dispute arises with any third party, the Customer shall indemnify and hold the Supplier harmless pursuant to the terms and conditions contained in the Dispute Policy.
- SERVICE REGISTRATION INFORMATION AND ITS USE
The Customer agrees to provide the Supplier with the following information in order to process your registration:
Customer name, mailing address, telephone number and e-mail address;
The Customer agrees to adhere to the requirements of the Supplier’s Domain Name Registration Terms and Conditions. The Customer’s attention is drawn to section 10 of these Terms and Conditions relating to the use of information provided to the Supplier by the Customer, and in particular the provision of such information to the relevant Domain Registrars including, but not limited to, ICANN and Nominet. To view the Supplier’ Domain Name Terms & Conditions, please go to: http://utopia-host.com/site/terms-of-service/
- OBLIGATIONS RELATING TO DATA PROVIDED BY THE CUSTOMER
If the Customer is registering the Service on behalf of a third party, the Customer hereby confirms that they have received their prior written consent to do so and their agreement to these terms and conditions. The Customer hereby indemnifies the Supplier against any actions or legal proceedings from any third parties relating to any such registrations.
- DISCLOSURE AND USE OF REGISTRATION INFORMATION
This agreement authorises the Supplier to use any information provided to them as required for the purpose of providing the Service.
The Customer hereby irrevocably waives any and all claims and causes of action that the Customer may have arising from such disclosure or use of the Service registration information.
The Supplier agrees that any information received from the Customer will not be used in any way except for the purposes stated in this agreement.
The Supplier will take reasonable precautions to ensure that any information provided by the Customer is protected against loss, misuse, unauthorized access or disclosure, alteration or destruction.
- LIMITATION OF LIABILITY
- The Customer agrees that the Supplier shall, under no circumstances, be liable for any damages resulting from loss of profits or data arising out of or in connection with this Agreement. In particular the Supplier will not be liable for the following:
- interruption of the Customer’s business; events beyond the reasonable control of the Supplier; application of the Dispute Policy
- The Supplier’s maximum aggregate liability shall not exceed the greater of: (a) the total amount paid by the Customer for the total of the first Monthly Fee or the Annual Fee, whichever is applicable; or (b) £30.00 (UK Pounds)
- Sub section iii) above shall not apply in instances where the Service has been suspended due to non-payment of the Service Charge by the Customer or for accounts which are free.
- INDEMNIFICATION OF THE SUPPLIER
The Customer agrees to indemnify the Supplier and employees and directors against any action arising from action on the part of Registered or Unregistered Users of the Service.
This indemnification is in addition to any indemnification required under the Dispute Policy.
- BREACH AND REVOCATION
The Supplier reserves the right to suspend, cancel or refuse delivery of the Service to any Customer in the event that:
- the Customer materially breaches this Agreement;
- the Customer provides false or inaccurate information;
- The Customer breaches the Supplier’s Acceptable Usage Policy
- FORCE MAJEURE
The Supplier shall not be liable for any delay or failure in performance of its obligations under this Agreement which is due to or results from any acts, events, omissions, happenings or non-happenings beyond its reasonable control including acts of God, strike, work stoppages, governmental regulations, acts or directives, war, riot, fire, flood, civil commotion, equipment or facilities shortages or delays which are experienced by providers of internet services generally, or any circumstances beyond its reasonable control.
Termination may be made by either the Supplier or the Customer with 30 calendar days notice. Such notice must be in writing in the form of an e-mail or support ticket, unless the Customer is in breach of the Acceptable Usage Policy where termination period will be determined by severity of the breach.
- GOVERNING LAW
Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement shall be governed by and construed in accordance with the laws of the United Kingdom.
- STATUTORY RIGHTS
These terms & conditions do not affect your statutory rights as a consumer.