Storm Internet Limited reserves the right to change the terms at any time. Please refer back to this page as often as possible for the latest terms. Your attention is particularly drawn to clause 10 below
TERMS OF SERVICE
Where the context admits: "We", "Us" and "Our" includes Storm Internet Limited of: 1 Canal View, Wharf Farm, Eynsham Road, Witney, Oxfordshire, OX29 4DB United Kingdom or any party acting on Storm Internet's implicit instructions. "You" includes the person purchasing the Services or any party acting on the customer's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" the relevant domain names Registry. "Server" means the computer server equipment operated by us in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet.
The relationship entered into between you and us is governed by these following terms, which shall apply during, and where necessary after, the period of the commercial relationship between you and us.
1. Domain Name Registration
1.1. We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
1.2. The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant Registry; you shall ensure that you are aware of those terms and conditions and that you comply with them.
1.2.1. By registering a .uk domain name, you enter into a contract of registration with Nominet UK on the terms and conditions published at http://www.nominet.org.uk/go/terms
1.3. You shall have no right to bring any claim against us in respect of any refusal to register a domain name by the relevant registration authority.
1.4. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the Registry to register your desired name.
1.5. We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant Registry but will not be obliged to take part in any such dispute.
1.6. We shall not release any domain to another provider unless full payment for that domain has been received by us.
1.7. The free UK domain name registration offer that is available with certain hosting packages cannot be used in conjunction with any other promotion, discount or offer provided by us.
2. Web Site Hosting And E-Mail
2.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
2.2. You represent, undertake and warrant to us that you will use the hosting account allocated to you only for lawful purposes and to promptly inform us if this clause or any subclause of this clause has been breached or you become aware that they may have been breached. In particular, you represent, warrant and undertake to us.
2.2.1. you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
2.2.2. you will use the hosting account allocated to you for web hosting purposes only.
2.2.3. you will not upload, post, link to or transmit:
188.8.131.52. any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.
184.108.40.206. any material containing a virus or other hostile computer program.
220.127.116.11. any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
18.104.22.168. any material which is forbidden by our acceptable use policy which is published at http://www.storminternet.co.uk/web-hosting/aup/277
2.2.4. you will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
2.2.5. you will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
2.2.6. an individual shared hosting package may be used for hosting one true web site only. You will not employ coded redirects or any other method that allow a secondary domain name to resolve directly to a different web site other than the primary domain's. To host multiple web sites a Reseller package or dedicated server must be purchased.
2.2.7. any file you store on the Server will be reachable via a hyperlink from a page on your site.
2.3. We reserve the right to remove any material which we deem inappropriate from your Web Site without notice to you.
2.4. You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including but not limited to loss, theft or unauthorised disclosure of your password or other security information.
2.5. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
2.6. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
2.7. In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
2.8. Any access to other networks connected to Storm Internet must comply with the rules appropriate for those other networks.
2.9. While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
2.10. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time.
2.11. You acknowledge, consent and agree that We may access, preserve and disclose your account information, communication content as well as any data you have placed on our servers if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal processes; (b) enforce Our T&C; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or safety of Storm Internet Limited.
3. Unlimited Use & Lifetime Hosting Policy
3.1 We offer unlimited web space with some account types. By this, we mean unlimited space for legitimate web site content. All files on a domain must be part of the active website and linked to from a legitimate page on the site. By "legitimate page" we mean a page that clearly forms an essential part of the web site and not a page constructed to get around this term. The definition of "legitimate page" will be down to our discretion. Space cannot be used as a file repository and sites will not contain any backups, downloads, or other non-web based content.
3.2. We offer unlimited bandwidth with some account types. This means that bandwidth is not directly monitored and you are free to use as much as your require.
3.3. Terms 3.1 and 3.2 are provided on the condition that your site does not consume excessive amounts of space or bandwidth to the degree that it begins to affect performance of the server or other sites hosted on the server. In the event that a server suffers performance issues, we reserve the right to suspend any site consuming excessive amounts of space, bandwidth or server resources that our engineers believe could be responsible for degrading server performance. This policy applies to shared hosting packages only and is imposed as the health of the overall server and other customer sites hosted take priority over any individual site. You should consider a dedicated server if you wish to have full control over the server at all times.
3.4.1. Lifetime hosting is offered with some types of hosting package. This means you pay a one-off fee and we then provide you with the hosting service without any further renewal fees. This offer is conditional and is based on the assumption that the domain name assigned to the hosting package upon ordering, resolves at all times to the server hosting the Life Time package. Should the domain name expire or it's "A Name" record or "Name Server" records are found to resolve to a server other than the one the Lifetime hosting package is hosted on, we reserve the right to cancel the hosting package and close the account.
3.4.2. Lifetime hosting is provided for the hosting package "as it is" at the time of purchase. It does not include software upgrades to more recent versions of software should they become available. If we release new servers onto our network containing more recent versions of software, you may switch to one of these servers and carry the lifetime offer across to the new package by paying an upgrade fee. This upgrade fee is currently charged at the rate of 1 years hosting for the relevant package.
4.1. If you are or become a reseller of our Services you will continue to be bound by these terms and conditions, you will be responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these.
4.2. You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any contract binding on us.
4.3. No default by your customers shall in any way affect, modify or limit your obligations under this Agreement.
5. Service Availability
5.1. We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
6.1. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site, errors and omissions excepted and shall be due and payable in advance of provision of the Services.
6.2. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
6.3. Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given in accordance with 7.5. If you choose to pay by credit or debit card you authorise Storm Internet to debit your account renewal fees from your card.
6.4. All payments must be in UK Pounds Sterling.
6.5. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25.
6.6. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled but not obliged forthwith to suspend the provision of Services to you.
6.7. We offer a lifetime hosting option with certain hosting packages. Lifetime hosting means that you pay a one off fee for a hosting account and no further renewal charges for that account (excluding additional extras) will follow. A condition of the lifetime hosting policy is that the Name Server records of the domain name assigned to the hosting account upon ordering, always point to the server that the account is hosted on. Should the domain name expire or the Name Server records point to a server other than the one providing the lifetime hosting account, we reserve the right to cancel that account.
7. Termination And Refunds
7.1. We shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you If you:
7.1.1. fail to pay any sums due to us as they fall due.
7.1.2. break any of these terms and conditions.
7.1.3. are a company and you go into liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors.
7.2. Our employees have every right and expectation to work in an atmosphere free of abuse, intimidation and harassment from our clients. Therefore, abuse towards our staff in the form of verbal or written abuse (including abuse via email, ticket system, LiveChat or any other channel) or anything else that we deem to be offensive may result in cancellation of your account with immediate effect and without compensation or refund for lost periods of service.
7.3. No refunds will be made under any circumstances for Services suspended in accordance with terms 7.1 and 7.2.
7.4. We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You will be entitled to a pro rata refund based upon the remaining period of prepayment.
7.5. You may cancel the Services at any time. To do so you must request cancellation of the Services in writing including your account username and password. We will cancel the Services within 2 working days of receipt of your request.
7.6. During the first 30 days of Services, You are entitled to a refund of the basic hosting plan rental fee should You decide to cancel the Services. No full refunds or pro rata refunds will be made after the first 30 days of service should You decide to cancel the Services.
7.6.1. Domain name registration fees and charges for optional extras added to your account are not refundable under any circumstances.
7.6.2. You will not be entitled to a refund on this basis if you have previously held an account with Storm Internet.
7.6.3. If you took advantage of the free UK domain name offer when purchasing your hosting package, the domain name registration fee of £19.99 will be deducted from the amount refunded to you should you request a refund within the first 30 days of opening your hosting package. You will continue to remain the legal owner of the domain name and are free to transfer this to another hosting provider should you choose to.
7.6.4. Transaction processing fees charged by banks, credit card agencies and PayPal will be deducted from the refunded amount should a refund be claimed under the 30 day money back guarantee. For payments made with a credit card or PayPal this is typically 4.5% of the total transaction amount. There is no deduction for refunds issued to debit cards.
7.7. Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
7.8. On termination of this Agreement or suspension of the Services we shall be entitled immediately to stop access to your Web Site and to remove all data located on the Server.
7.9. In the event a refund of the Services is issued, we reserve the right to deduct from this amount any fees to cover time spent by our support team working on a customer initiated request related to the Services. For example if our team spent several hours working on a customer site issue or migrating data from an existing server to one the Services relates to at the request of the customer, this time would be charged and deducted appropriately from any refund amount issued. Support time is currently charged at a rate of £15 per 15 minutes.
8. Data Protection
8.1. In this clause 8:
8.1.1. "Controller", "Data Subject", "Personal Data", "Processor" and "processing" shall have the respective meanings given to them in applicable Data Protection Laws from time to time (and related expressions, including process, processed, processing, and processes shall be construed accordingly) and "international organisation" and "Personal Data Breach" shall have the respective meanings given to them in the GDPR;
8.1.2 "Data Protection Laws" means, as binding on either party or the Services:
(i) the Directive 95/46/EC (Data Protection Directive) and/or Data Protection Act 1998 or the GDPR;
(ii) any laws which implement any such laws; and
(iii) any laws that replace, extend, re-enact, consolidate or amend any of the foregoing;
8.1.3. "GDPR" means the General Data Protection Regulation (EU) 2016/679;
8.1.4. "Protected Data" means Personal Data received from or on behalf of You in connection with the performance of Our obligations under this Agreement; and
8.1.5. "Sub-Processor" means any agent, subcontractor or other third party (excluding its employees) engaged by Us for carrying out any processing activities on behalf of You in respect of the Protected Data.
8.2. The parties agree that You are a Controller and that We are a Processor for the purposes of processing Protected Data pursuant to this Agreement. You shall at all times comply with all Data Protection Laws in connection with the processing of Protected Data. You shall ensure all instructions given to Us in respect of Protected Data (including the terms of this Agreement) shall at all times be in accordance with Data Protection Laws.
8.3. We shall process Protected Data in compliance with the obligations placed on Us under Data Protection Laws and the terms of this Agreement.
8.4. We do not have knowledge of the Protected Data You store on the Server, including the quantity, value or use of that Protected Data. We shall not be responsible to You or any third party for unauthorised access to your Protected Data or the unauthorised use of the Services unless the unauthorised access or use results from our failure to meet our obligations set out in this clause 8. You shall be responsible for the use of the Services by any employee, agent or subcontractor of yours, any person You authorise to use the Services, any person to whom You have given access to the Services, and any person who gains access to your Protected Data or the Services as a result of your failure to use and maintain reasonable security measures, even if such use was not authorised by You.
8.5. You shall indemnify Us and keep Us indemnified against all losses, claims, damages, liabilities, fines, sanctions, interest, penalties, costs, charges, expenses, compensation paid to Data Subjects, demands and legal and other professional costs (calculated on a full indemnity basis and in each case whether or not arising from any investigation by, or imposed by, a supervisory authority) arising out of or in connection with any breach by You of your obligations under this clause 8.
8.6. Without prejudice to the generality of clause 8.2, You will ensure that You have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to Us for the duration and purposes of this Agreement.
8.7. Without prejudice to the generality of clause 8.2, We shall:
8.7.1. Only process the Protected Data in accordance with the Schedule
and this Agreement (and not otherwise unless alternative processing instructions are agreed between the parties in writing) except where otherwise required by applicable law (and shall inform You of that legal requirement before processing, unless applicable law prevents it doing so on important grounds of public interest); and
8.7.2 If We believe that any instruction received from the You is likely to infringe the Data Protection Laws We shall promptly inform You and be entitled to cease to provide the relevant Services until the parties have agreed appropriate amended instructions which are not infringing.
8.8. Taking into account the state of technical development and the nature of processing, We shall implement and maintain the technical and organisational measures set out here
to protect the Protected Data against accidental, unauthorised or unlawful destruction, loss, alteration, disclosure or access.
8.9. We shall:
8.9.1. not permit any processing of Protected Data by any agent, subcontractor or other third party (except Our or Our Sub-Processors' own employees in the course of their employment that are subject to an enforceable obligation of confidence with regards to the Protected Data) without written authorisation from You;
8.9.2. prior to the relevant Sub-Processor carrying out any processing activities in respect of the Protected Data, appoint each Sub-Processor under a written contract containing materially the same obligations as under this clause 8;
8.9.3. remain fully liable to You under this Agreement for all the acts and omissions of each Sub-Processor as if they were Our own; and
8.9.4. ensure that all persons authorised by Us or any Sub-Processor to process Protected Data are subject to a binding written contractual obligation to keep the Protected Data confidential.
8.10. We shall assist You, at your cost, in responding to any request from a Data Subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
8.11. We shall not process and/or transfer, or otherwise directly or indirectly disclose, any Protected Data to countries outside of the European Economic Area unless prior written consent has been obtained from You.
8.12. We shall, in accordance with Data Protection Laws, make available to You such information that is in Our possession or control as is necessary to demonstrate Our compliance with the obligations placed on Us under this clause 8.
8.13. We shall notify You without undue delay on becoming aware of a Personal Data breach in respect of any Protected Data;
8.14. At the end of the provision of the Services relating to the processing of Protected Data, at Your cost and Your option, We shall either return all of the Protected Data to You or securely dispose of the Protected Data (and thereafter promptly delete all existing copies of it) except to the extent that any applicable law requires Us to store such Protected Data. This clause 8 shall survive termination or expiry of this Agreement.
8.15. We may, at any time on not less than 30 days' notice, revise this clause 8 by replacing it with any applicable controller to processor standard clauses or similar terms forming part of an applicable certification scheme.
9.1. You shall indemnify Us and keep Us indemnified and hold Us harmless from and against any breach by You of these terms of business and any claim brought against Us by a third party resulting from the provision of Services by Us to You and Your use of the Services (including use without Your consent) including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by Us in consequences of You breach or non-observance of any of the terms of this Agreement.
10. Limitation Of Liability
10.1. Nothing in this Agreement limits or excludes Our liability for:
10.1.1. death or personal injury caused by Our negligence, or the negligence of Our employees, agents or subcontractors;
10.1.2. fraud or fraudulent misrepresentation; or
10.1.3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or
10.1.4. any other liability which cannot be limited or excluded by applicable law.
10.2. Subject to Clause 10.1, We will not be liable to You, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Agreement for:
10.2.1. loss of profits;
10.2.2. loss of sales or business;
10.2.3. loss of agreements or contracts;
10.2.4. loss of anticipated savings;
10.2.5. loss of use or corruption of software, data or information;
10.2.6. loss of or damage to goodwill; or
10.2.7. any indirect or consequential loss.
10.3. Subject to Clause 10.1, Our total liability to You arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to an amount equal to the charges paid by You in respect of the Services which are the subject of any such claim.
10.4. Except as expressly stated in these terms and conditions, We do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these terms and conditions by statute, including without limitation the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982, by common law or otherwise are, to the fullest extent permitted by law, excluded from this Agreement.
10.5. This Clause 10 will survive termination of the Agreement.
11. Force Majeure
11.1. We shall have no liability to You in respect of anything which, apart from this provision, may constitute a breach of this Agreement arising by reason of force majeure which means, circumstances beyond our reasonable control including acts of God, acts of any governmental or supra-national authority, war or national emergency, riots, civil commotion, fire, unauthorised use or access to the IT systems, explosion, flood, epidemic, strikes and other industrial disputes (in each case, whether or not relating to Our workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions.
12.1. Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error-free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
13.1. Any forbearance or failure by Us to enforce a contractual provision to which You are subject shall not affect our right to require such performance at any subsequent time, nor shall the waiver or forbearance by Us of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself of themselves.
14.1. We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of Our rights and obligations under this Agreement.
14.2. You shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of Your rights and obligations under this Agreement without our prior written consent.
15.1. Each paragraph of these terms and conditions operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.1. This Agreement shall be governed by and construed in accordance with English law and You hereby submit to the exclusive jurisdiction of the English courts.
17.1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
18. Entire Agreement
18.1. These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between Us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between Us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, You confirm that You have not relied on any representation other than those expressly stated in these terms and conditions and You agree that You shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
Version 2.0 (Last updated 04/05/2018)