RedGalaxy UK
  

Hosting Terms And Conditions

The Hosting Terms and Conditions apply to all hosting services supplied by RedGalaxy UK (hereinafter referred to as "Us", "We" or "Our"), and outlines the contractual agreement between Us and the customer (hereinafter referred to as "You").

You indicate acceptance of these Terms and Conditions by ordering one of our hosting packages, and these terms cannot be varied for individual customers.

  1. DEFINITIONS
    The following words and expressions shall have the following meanings throughout this agreement:

    1. "the services" means web hosting, domain name registration, e-mail and any services or facilities provided by RedGalaxy UK Hosting.
    2. "server" is the computer equipment operated in connection with our hosting services.
    3. "ISP" stands for Internet Service Provider.
    4. "IP address" stands for Internet Protocol address, which is the numeric address for the hosting server.
    5. "downtime" means any interruption in services, therefore affecting availability to visitors of the Web Site.
    6. "Intellectual Property Rights" mean patents, trade marks, design rights, or applications for, but is not limited to, any of the foregoing:
      • Copyright
      • Trade or Business names
      • Topography rights
      • Database rights
    7. "visitor" means a third party who has accessed the Web Site.
    8. "virus" is a computer program that copies itself or is copied through another means to other storage media, and destroys, alters or corrupts data, causes damage to the user's files or creates an annoyance to the user. Also sometimes referred to as "worms" or "trojan horses".


  2. PRODUCT SPECIFICATIONS
    All hosting product specifications can be found on our hosting website at http://hosting.redgalaxyuk.com.


  3. CHARGES, PAYMENT AND MONEY-BACK GUARANTEE

    1. Payment methods available include PayPal, credit cards, debit cards, cheque, postal order and direct bank transfer.
    2. Although We accept payment methods alternative to PayPal, credit and debit cards, we cannot activate any services until we have received and cleared payment.
      3. VAT is applied at summary and payment stage, unless clearly stated, and shall be paid by You.
    3. We shall be entitled to charge interest on late payment of any sum due under this Agreement, and shall be applied on a daily basis at a rate of thirteen percent (Bank of England base rate plus 8%).
    4. Late payments are defined as payments not received within two (2) weeks of the invoice date.
    5. We reserve the right to suspend your hosting facilities until any outstanding payment has been received.
    6. We do not provide credit facilities.
    7. From time to time We may make credit enquiries in accordance with our Privacy Policy on Your credit history with credit reference agencies. Any search may be recorded by the agencies and they may share this information with other businesses.
    8. We provide 14 money-back guarantees on our hosting products; in the unlikely event you require a refund please contact us within 14 days of placing your order.
    9. Domain purchases are exempt from our money-back guarantee due to the nature of domain name registration facilities.
    10. Pro-rata refunds will not be issued for services that are cancelled before the renewal date. If You pay monthly, you will not be billed after we receive your request for cancellation.
    11. Should your chosen payment method fail, We will contact You using details available on your account to seek an alternative payment method.
    12. All services wil renew until cancelled by You. We e-mail Your e-mail address prior to renewal of services, and it is Your responsibility to begin the cancellation process before we invoice Your renewal.


  4. SERVICES TERM AND TERMINATION

    1. This Agreement will become effective on the date You receive communications stating your hosting facilities have been activated, and will run for the term You specified in the order process.
    2. We shall reserve the right to suspend hosting Services supplied to You if you fail to make any payment within two (2) weeks of any issued invoice.
    3. Either party reserves the right to terminate this Agreement by notice in writing to the other if:
      • the other party commits a breach of this Agreement, and, in the case of a breach being capable of remedy, the party fails to remedy the breach within a reasonable time; or
      • the other party commits a breach of this Agreement which cannot be remedied under any circumstances.
    4. On termination, all data held in Your hosting account shall be deleted.
    5. Section 4.4 does not apply to Your customer account details, where law requires Us to maintain records for a number of years.


  5. SERVICE LEVELS AND DATA BACKUP

    1. We carry out data backups for use by Us in the event of systems failure. We do not provide data restoration facilities for individual customers, except where a hosting package supports a customer back up facility. Every effort is made to ensure data is backed up correctly, although we accept no responsibility for data loss or corruption.
    2. We shall endeavour to make Our Services available to You 100% of the time. Due to the nature of Services provision, We make no warranties or representations that the Services will be uninterrupted or error-free, and We will not under any circumstances be liable for interruptions or downtime of the Services or server.
    3. We may make copies of customer content as is necessary to perform our data backup obligations under this Agreement. All customer data shall be destroyed upon termination or expiration of this Agreement, unless termination is a result of an investigation by an authorative body.
    4. Should your account use more than 5% of the server's processing power, and as a result degrade performancefor any other customer, We shall discuss with You alternative hosting solutions for Your requirements.
    5. Your hosting package contains a monthly data transfer allowance. Should you exceed this allowance in any one (1) month, we will invoice you on the following month, at a rate of £1 per GB (for non-UK customers, the invoice total will be converted to their preferred currency). VAT will be added at the UK local rate of 17.5% for all EC customers.This rate is subject to change.
    6. 1GB = 1,000MB


  6. ACCEPTABLE USE POLICY

    7. Use of the Services is granted for lawful purposes only, and You may not submit, publish or display content in breach of any law, statute or regulation, in any country. In particular, You agree not to:

    1. use the Service or the Web Site in any way to send unsolicited commercial e-mail, "spam", or any similar abuse of the Services,
    2. send any type of electronic message (including e-mail) with the intention of affecting the performance of any computer facilities, or the ability for Us to carry our obligations under this Agreement,
    3. threaten, abuse, disrupt or otherwise violate the rights of, including but not limited toprivacy and publicity,
      4. use the Services for illegal or unlawful activities,
    4. make available or upload files where You know may contain a virus or any variant,
    5. publish, post, distribute or disseminate by available means defamatory, obscene, indecent or other unlawful material or information, or any material or information which may infringe any intellectual property rights via the Services or on the Web Site,
    6. publish material of an adult nature, including but not limited to, material in conjunction with pornography and child pornography,
    7. attempt to obtain access, through whatever means, to unauthorised areas of Our network or to Services not otherwise made available to You, and
      8. operate any permanent server process, including but not limited to IRC bots and other messaging bots.
    8. use the services for file distribution websites, including but not limited to music, video and software. Any hosting package must serve at least one web page, and cannot be used to serve as a data repository for personal computers, whether for sharing or backup purposes.

    You have full responsibility for the content You publish. We are not obliged to monitor, and we have no liability for, the content of any communications transmitted by whatever means through the Services.

    If You fail to comply with the Acceptable Use Policy outlined in Section 6 of this Agreement, We shall be entitled to terminate Your account without prior notice.


  7. WARRANTIES

    1. You warrant and represent to Us that Our use of Your content in accordance with this Agreement will not infringe the intellectual property rights of any third party.


  8. INDEMNITY

    1. You agree to indemnify and hold Us, including Our employees and agents, harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims against Us where You are in breach of this Agreement, or other liabilities relating to Your Web Site.


  9. LIMITATION OF LIABILITY

    1. We shall not be liable to You in any event for any loss of business, loss of opportunity or loss of profits, or for any other indirect or consequential loss or damage. This applies even in circumstances where We were able to foresee such a loss, or We had been made aware of the possibility of such a loss.
    2. Neither party shall maintain liability for any delay or failure to perform any obligations under this Agreement if the delay or failure results from circumstances outside of resonable control. These circumstances include, but are by no means limited to, accidents, war, fire, weather conditions, black outs and failures by telecommunications carriers. If a delay or failure occurs, the party shall be entitled to an extension of its obligations after notifying the other party of the nature and extent of such events.


  10. SERVERANCE

    11. If any section of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of jurisdiction, the relevant section shall be invalidated and the remainder of this Agreement shall continue in full force and effect as if this Agreement had been agreed without the invalid section.

  11. NOTICES

    12. Notices to either party may be transmitted by e-mail, fax or post to the address of the other party, unless otherwise stated.

  12. GOVERNING LAW

    13. This Agreement shall be governed in accordance with English law.

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