This
Service Agreement ("Agreement") sets forth the
terms, conditions and acceptable use policy
relating to your use of the website hosting
services provided by GB WEBS.
To complete the account setup process, you
must acknowledge that you have read,
understood, and agree to be bound by all the
terms and conditions of this Agreement, any
rules or policies that are or may be published
by GB WEBS from time to time. This Agreement
will become effective upon acceptance by GB
WEBS.
GB WEBS may at its sole discretion, elect to
accept or reject any application for website
hosting at any time, for any reason, including
but not limited to, rejection due to a request
for hosting of a prohibited domain name.
1. WHO WE ARE AND WHAT WE DO
GB WEBS provides website hosting services for
private or commercial use.
Upon GB WEBS's receipt of payment and
information from you, GB WEBS shall setup the
chosen plan with an appropriate third party
hosting company.
2. FEES
As consideration for GB WEBS providing website
hosting services to you, you agree to pay GB
WEBS, prior to setup of the desired website
hosting, the amounts set forth in the payment
schedule for that plan and any subsequent
renewals.
All scheduled fees must be prepaid and are
non-refundable, in whole or in part, even if
the website hosting service is suspended,
cancelled or transferred prior to the end of
the hosting term.
In the event of a charge back by a credit card
company or other payment provider authorized
by GB WEBS, the website hosting service shall
be transferred to GBWEBS as the paying entity
for the website hosting. GBWEBS may reinstate
your website hosting at its sole discretion
upon its receipt of the scheduled or renewal
fee and its then current reinstatement fee.
The reinstatement fee is currently UK £100.
Payment must be made by cheque, drawn on a UK
bank account or other methods we indicate on
this website or renewal form. We will renew
your plan for you on receipt of payment. If
your billing information is not accurate and
you wish to renew your website hosting, we
will contact you to update this information
and charge accordingly. In the event that we
have not received payment and are unable to
contact you, your account will be terminated.
3. DISPUTE POLICY
You agree to be bound by the GB WEBS Domain
Name Dispute Policy (the "Dispute Policy"), as
amended from time to time, which is hereby
incorporated and made a part of this Agreement
by reference. The Dispute Policy can be found
here:
The Dispute Policy governs any dispute between
you and any party other than us over the
registration and use of your specified domain
name. The specific disputes which are subject
to the Dispute Policy are contained in the
Dispute Policy. You agree that you will be
subject to the provisions specified in the
Dispute Policy in effect at the time the
domain name registration is disputed by a
third party.
You also agree that in the event a domain name
dispute arises with any third party, you shall
indemnify and hold GB WEBS harmless pursuant
to the terms and conditions contained in the
Dispute Policy.
4. CHANGES TO HOSTING AGREEMENT AND DISPUTE
POLICY
You acknowledge and recognize that the domain
name system and the practice of registering
and administering domain names are
continuously evolving, and acknowledge and
agree that GB WEBS may modify this Agreement
and the Dispute Policy as necessary from time
to time to comply with any agreements by which
GB WEBS is or will be bound, and to adjust to
changing business circumstances.
Your continued use of the specified domain
name constitutes acceptance of this Agreement
and amendments. If at any time, you do not
agree to such changes, you agree that your
sole remedy is to request that your website
hosting be cancelled.
5. CONTACT WITH GB WEBS
You acknowledge and recognize that all contact
with GB WEBS in the first instance should be
made via the online form available on our
website http://www.gbwebs.co.uk, or via our
postal address.
You agree that GB WEBS is not obliged to offer
telephone support as part of your agreement.
6. WEBSITE HOSTING ACCOUNT INFORMATION AND ITS
USE
You are required to submit to GB WEBS and keep
updated the following information in
connection with your application for website
hosting:
(a) the domain name to be hosted;
(b) the name, mailing address, email address,
telephone number and fax number of the billing
contact for the hosting account.
You shall provide and maintain updated
information at all times with GB WEBS. GB WEBS
at its option may refuse to renew any website
hosting unless you maintain current and
updated information at all times.
Additional Information Maintained About your
Registration
In Addition to the information you provide, we
maintain additional information relating to
your domain name registration, including:
(a) the original creation date of the website
hosting account;
(b) the date and time the website hosting was
submitted to us;
(c) communications constituting website
hosting orders, modifications, or terminations
and related correspondence;
(d) records of account for your website
hosting, including dates and amounts of all
payments and refunds;
(e) the name, mailing address, email address,
telephone number, and fax number of the
technical contact for the domain name;
(i) the expiration date of the website
hosting; and
(i) other information regarding all other
activity regarding your website hosting and
related services.
Obligations Relating to Data Provided by You
If in requesting website hosting you provide
information about a third party, you hereby
represent that you have provided notice to and
have obtained the express consent from the
third party to the disclosure and use of the
third party's information as set forth in this
Agreement.
7. AGENTS AND LICENSES
You agree that in the event you requesting
website hosting for another entity, you
represent that you have the authority to bind
that entity as a principal to all terms and
conditions contained in this Agreement.
You acknowledge and agree that if you license
the use of your website hosting to a third
party, you remain the website hosting account
holder of record and remain responsible for
all obligations under this Agreement,
including payment obligations, and providing
and updating your full contact information,
and accurate administrative and billing
contact information adequate to facilitate
timely resolution of any problems that arise
in connection with website hosting account.
8. LIMITATION OF LIABILITY
You agree that GB WEBS as a reseller of third
party services shall, under no circumstances,
be liable for any special, indirect,
incidental, punitive, exemplary, or
consequential damages resulting from loss of
profits, arising out of or in connection with
this Agreement, even if GB WEBS has been
advised of the possibility of such damages,
and in particular GB WEBS will not be liable
for the following:
(a) suspension or loss of your website
hosting;
(b) use of your website hosting;
(c) interruption of your business;
(d) access delays or interruptions to any web
sites accessed by your website hosting;
(e) non-delivery, mis-delivery, corruption,
destruction, or modification of data;
(f) events beyond the reasonable control of GB
WEBS;
(g) application of the Dispute Policy.
GB WEBS's maximum aggregate liability shall
not exceed the greater of:
(a) the total amount paid by you for website
hosting; and
(b) £75.00 (UK Pounds).
9. INDEMNIFICATION OF GB WEBS
You agree to defend, indemnify and hold
harmless GB WEBS and the registry
administrator, including our and its
employees, directors, officers,
representatives, agents and affiliates, from
and against any claim, action, suit, demand,
loss, damages, costs ( including reasonable
legal fees, expert witness fees and expenses),
or other proceeding related to or arising out
of the registration or use of the specified
domain name. This indemnification is in
addition to any indemnification required under
the Dispute Policy.
10. REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
(a) all information provided in connection
with your website hosting accurate; and
(b) neither the registration of the domain
name nor the manner in which it is directly or
indirectly used infringes the legal rights of
a third party.
You acknowledge and agree that all website
hosting services provided to you by GB WEBS
are provided on an "as is" basis. GB WEBS
makes no representations or warranties of any
kind, express or implied, in connection with
this Agreement or its website hosting
services, including but not limited to
warranties of merchantability or fitness for a
particular purpose. GB WEBS makes no
representation or warranties of any kind that
website hosting or use of domain name under
this Agreement will immunize you from
challenges to the domain name registration or
from suspension, cancellation, or transfer of
the domain name to you.
11. BREACH AND REVOCATION
GB WEBS reserves the right to suspend, cancel,
transfer or modify your website hosting in the
event that:
(a) you materially breach this Agreement;
(b) you use your website hosting to send
unsolicited commercial advertisements in
contravention of applicable laws or customary
acceptable usage policies of the Internet;
(c) you use your domain name or website
hosting in connection with unlawful activity,
including but not limited to the unauthorised
distribution or copying of copyrighted
software or other data, harassment, fraud, or
trafficking in obscene material;
(d) you host adult content of any description.
(e) you host content relating to Hacking,
Cracking, Warez and IRC, which is not allowed;
(e) you contravene the terms and conditions or
acceptable use policy of a third party hosting
provider hosting your domain name;
(d) grounds arise for such suspension,
cancellation, transfer or other modification
as provided in this Agreement.
You also agree that GB WEBS shall have the
right in its sole discretion to suspend,
cancel, or otherwise modify website hosting
upon seven (7) calendar days prior written
notice, or at such time as GB WEBS receives a
properly authenticated order from a court of
competent jurisdiction, or arbitration award,
requiring the suspension, cancellation or
modification of the website hosting account.
You acknowledge and agree that:
(a) providing inaccurate information;
(b) failing to update information promptly; or
(c) failing to respond to GB WEBS's inquiries
concerning the accuracy of contact details
within fifteen (15) calendar days of request;
shall constitute a material breach of this
Agreement and will be sufficient basis for
cancellation of your website hosting.
12. OTHER TERMS AND CONDITIONS
Force Majeure. GB WEBS shall not be
responsible for any failure to provide any
service or perform any obligation because of
any act of God, strike, work stoppage,
governmental acts or directives, war, riot or
civil commotion, equipment or facilities
shortages which are being experienced by
providers of telecommunication services
generally, or other similar force beyond its
reasonable control.
Non-Waiver. The failure of GB WEBS to require
your performance provision shall not affect
the full right to require such performance at
any time thereafter; nor shall the waiver by
GB WEBS of a breach of any provision hereof be
taken or held to be a waiver of the provision
itself.
Survival. The provisions, terms, conditions
representations, warranties, covenants, and
obligations contained in or imposed by this
Agreement which by their performance after the
termination of this Agreement, shall be and
remain enforceable not with standing
termination of the Agreement for any reason.
However, neither party shall be liable to
other for damages of any sort resulting solely
from terminating this Agreement in accordance
with its terms but each party shall be liable
for any damage from any breach by it of this
Agreement.
Notice. You agree that any notice or
communications required or permitted to be
delivered under this Agreement by GB WEBS to
you shall be deemed to have been given if
delivered by e-mail, overnight mail or United
Kingdom mail in accordance with the contact
information you have provided.
Governing Law. Except as otherwise set forth
in the Dispute Policy with respect to
disputes, this Agreement, your rights and
obligations and all contemplated by this
Agreement shall be governed by the laws of the
United Kingdom.
Legal Fees. If any legal action or proceeding,
including arbitration, relating to the
performance or the enforcement of any
provision of this Agreement is brought by any
party to this Agreement, the prevailing party
shall be entitled to recover reasonable legal
fees, expert witness fees, costs and
disbursements, in addition to any other relief
to which the prevailing party may be entitled.
Assignment. You shall not assign, sub-license
or transfer your rights or obligations under
this Agreement to any third party without the
prior written consent of GB WEBS However, in
the event that GB WEBS consents to such an
assignment, sub-license or transfer, then this
Agreement shall ensure to the benefit of and
be binding upon the parties and their
respective successors and permitted assigns.
14. GENERAL
Entire Agreement. This Agreement constitutes
the entire Agreement between the parties and
agreements are representations or warranties,
express or implied, statutory or otherwise and
no agreements collateral here to than as
expressly set or referred to here in. This
Agreement supersedes any prior agreements,
representations, statements, negotiations,
understandings, proposals or undertakings,
oral or written, with respect to the subject
matter expressly set forth here in.
Amendment in Writing This Agreement may not be
amended or modified by you except by means of
a written document signed by both you and an
authorized representative of GB WEBS
Further Assurances. The parties shall execute
such further and other documents and
instruments and take such further and other
actions as may be necessary to carry out and
give full effect to the transactions
contemplated by this Agreement.
Relationship of the Parties. Nothing in this
Agreement shall be construed as creating an
agency relationship, partnership or joint
venture between the parties.
Joint and Several Obligations. If any party
consists of more than one entity, their
obligations here under are joint and several.
No Third Party Beneficiaries. This Agreement
does not provide and shall not be constructed
to provide any third parties, with any remedy,
claim, cause of action or privilege.
Severability. In the event that any provision
of this Agreement shall be unenforceable or
invalid under any applicable law or be so held
by applicable court decision, such
unenforceability or invalidity shall not
render this Agreement unenforceable or invalid
as a whole. GB WEBS will amend or replace such
provision with one that is valid and
enforceable and which achieves, to the extent
possible, the original objectives and intent
of GB WEBS as reflected in the original
provision.
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