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These terms and conditions shall apply to the Agreement between React Hosting Ltd of Conduit House, Conduit Lane, Hoddesdon, Hertfordshire, EN11 8EP, United Kingdom, and the individual or company ("the customer") applying for the provision of services from React Hosting Ltd.
1. Definitions
| "Clientware" |
means the equipment, cabling, systems and software provided by the Customer in connection with the Services i.e. for co-location; |
| "Commencement Date" |
means the date upon which React Hosting Ltd confirms acceptance of the Customer's offer to pay for the Services in accordance with these terms and conditions; |
| "Confidential Information" |
information which is identified as confidential or proprietary by either party or the nature of which is clearly confidential or proprietary; |
| "Contract" |
means a contract for the provision of the Services which arises from the acceptance by React Hosting Ltd of an Order and which shall be on and subject to these terms and conditions; |
| "Domain Name Services" |
means the processing of Orders with the Relevant Naming Authority on the Customers' behalf and such additional services as may be agreed between the parties; |
| "Duration Period" |
is the period commencing on the Commencement Date and expiring on the date the Agreement is terminated in accordance with Clause 6 of these Conditions; |
| "Fees" |
the fees (including any VAT) due for the provision of the Services as calculated in accordance with the Price List; |
| "Hardware" |
means the equipment, cabling and systems provided by React Hosting Ltd in connection with the Services; |
| "Hosting Services" |
means the website hosting services provided by React Hosting Ltd; |
| "Inappropriate Material" |
material that under the laws of any jurisdiction where the material can be accessed is any of the following:- unlawful, threatening, abusive, harmful, malicious, obscene, pornographic, is deemed Unacceptable Adult Material, profane, libellous, defamatory, breaches the rights (including without limit IPRs) of any third party, constitutes or encourages a criminal offence or contains a virus, worm, Trojan horse or other harmful code; |
| "Intellectual Property Rights" ("IPRs") |
copyrights, patents, registered and unregistered design rights, topography rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world; |
| "React Hosting Ltd Website" |
any Website or micro site trading under the React Hosting Ltd name; |
| "Material" |
text, graphics, images, sound, video or any combination thereof; |
| "Netiquette" |
means generally accepted standards for use of the Internet such as but not limited to sending bulk unsolicited Email, mail bombing, misrepresenting the holding of third party authorisation and impersonating another person; |
| "Order" |
means the Customers application for the Services through an Order Form or by adding items to their shopping basket and proceeding to the checkout phase. Completion by Customer indicates which Services it requires and its agreement to these terms and conditions governing such provision; |
| "Price List" |
prices for each of the Services as available on the React Hosting Ltd Website |
| "Relevant Legislation" |
laws relating to data protection and any laws governing Inappropriate Material; |
| "Server" |
the computer server equipment operated by React Hosting Ltd in connection with the provision of the Services; |
| "Services" |
the services identified in an Order to be provided by React Hosting Ltd to the Customer including without limitation: Domain Name Services, Hosting Services, Servers, details of the requested Data Transfer, Hardware, Storage Space and Software together with details of the Clientware pursuant to these terms and conditions and any others specified by React Hosting Ltd on such Order; |
| "Software" |
means the computer software programs provided by React Hosting Ltd in connection with the Services; |
| "Unacceptable Adult Material" |
includes any nudity, erotic images, sexually oriented material, or sexual themes; |
| "Website" |
a website on the World Wide Web; |
| "Working Day" |
means a day other than a Saturday or Sunday on which the Clearing Banks in the United Kingdom are open to the public for the transaction of business; |
| "Working Hours" |
means 9am - 5.30pm on each Working Day. |
2. Payment and Services
2.1 In consideration for the payment of the Fees calculated correctly in accordance with the prices shown on React Hosting Ltd Website at the time of the completion of an Order by Customer, React Hosting Ltd agrees to provide the Services.
2.1.1 Domain names are registered for the period specified at the time of ordering, and are renewable by the Customer on or before the end of the initial paid-for period, at the then current renewal rates, as published on the React Hosting Ltd Website from time to time, subject to Clauses 2.12, 10.3 and 10.16.
2.1.2 Where the Services purchased are based on a monthly payment plan, payment is made by credit card initially, the Customer expressly authorises React Hosting Ltd to charge recurring billing as appropriate, until the Customer gives written notice otherwise to React Hosting Ltd and the credit card company, or the Services end.
2.1.3 The volume of included data transfer is limited, depending on the chosen Services. The volume of data transfer is the sum of all transfers resulting from the Customer's Services. If the Customer exceeds this volume then React Hosting Ltd reserves the right to make additional charges for usage above the limit as stated at its then prevailing charge rate (£5 per GB (Gigabyte)). React Hosting Ltd will endeavour to let the Customer know if its data transfer use exceeds the agreed level, however it is the Customer's responsibility to monitor the data transfer being used by it from time to time using the Control Panel.
2.2 The Customer agrees to make payment for the Services by debit or credit card payment at the time of making the order or renewal; for domain name registration/web hosting/dedicated servers/co-location. No Service will commence or be processed until full payment has cleared.
2.3 If the Customer fails to pay any invoice which is due and payable under this Agreement, React Hosting Ltd shall be entitled to charge interest on a daily basis on the overdue amount and on outstanding interest from the date of such failure until payment (until judgment) at an annual rate 4% above the base rate for the time being in force of Natwest Bank plc.
2.4 Non-delivery or non-performance of services by any third party other than React Hosting Ltd's sub-contractors shall not give the Customer any right to delay any payment to React Hosting Ltd or to make any claim whatsoever against React Hosting Ltd.
2.5 The Customer acknowledges that the provision of the Services is conditional on React Hosting Ltd receiving payment of the Fees in full. In the event of non payment of Fees or suspected fraudulent activity in relation to payment of Fees by the Customer, React Hosting Ltd reserves the right forthwith to withhold, suspend or cancel the Services without further obligation to the Customer. Domain names, once registered, are unable to be cancelled or changed.
2.6 The terms of the Contract contain the whole agreement between React Hosting Ltd and the Customer in relation to the Services, Hardware and Software detailed in the Order thereto. All other understandings, agreements, warranties, conditions, terms or representations, whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law.
2.7 React Hosting Ltd reserves the right at any time and from time to time to amend, improve or correct the Services, Software and/or Hardware (or any part thereof) provided that such modification does not materially affect them. This includes the right to substitute the Hardware with Hardware of similar specification, where necessary. React Hosting Ltd shall endeavour to give the Customer reasonable notice of such modifications but this may not always be possible and React Hosting Ltd shall not be liable to the Customer or to any third party for any such modification or any failure to give such notice.
2.8 Where Clientware is located at the property of React Hosting Ltd or any associated group company, React Hosting Ltd shall, upon arrangement of an appointment during Working Hours, allow the Customer reasonable access to the Clientware.
2.9 React Hosting Ltd shall use its reasonable endeavours to provide the Services in accordance with the desired launch date however time of provision of the Services shall not be of the essence. React Hosting Ltd shall notify the Customer when it has installed the Services and the Customer shall (as soon as reasonably practicable and in any event within 30 Days) review and assess the Services against the Agreed Service Levels set out in the Order. If the Customer reasonably considers that the Services do not meet the Agreed Service Levels then it shall immediately notify React Hosting Ltd and provide details of the same. React Hosting Ltd shall use its reasonable endeavours to rectify any failure of the Services to meet the Agreed Service Levels (except where such failure is due to the occurrence of any Suspension Event as defined below) as soon as reasonably practicable whereupon it shall notify the Customer which shall reassess the Services as above. If the Client does not notify React Hosting Ltd within 2 Working Days of installation or (where React Hosting Ltd rectifies the Services) notification of completion of rectification of the Services then the Customer shall be deemed to have accepted the Services and the Services shall be deemed to meet the Agreed Service Levels as at the date of installation or rectification.
2.10 React Hosting Ltd reserves the right at its sole discretion to suspend the Services (temporarily or permanently) on the occurrence of any unscheduled maintenance or any of the following (each of the following shall be "Suspension Events"): (i) Notified Maintenance; (ii) issue by any competent authority of an order which is binding on React Hosting Ltd and which affects the Services; (iii) if the Customer fails to pay any amounts due under the Contract when they are due; (iv) if any events occur which would entitle React Hosting Ltd to terminate the Contract; (v) the Data Transfer used by the Customer in relation to the Services exceeds the agreed level and React Hosting Ltd determines in its sole discretion that such suspension is necessary to protect all and any Internet solutions provided by React Hosting Ltd from time to time; or (vi) failure or deficiencies in the Clientware.
2.11 For the purposes of this Agreement, time of payment is of the essence.
2.12 All prices may be increased subject to the base rate of inflation as calculated by the Bank of England. The Customer will be given one months notice of any price changes.
3. Indemnity
3.1 The Customer hereby agrees fully to indemnify, keep indemnified and hold harmless React Hosting Ltd, its officers, employees, agents, sub-contractors and affiliated companies from and against any and all costs, claims, losses, damages and expenses (including, but not limited to, legal fees) sustained or incurred by React Hosting Ltd or any of its officers, employees, agents, sub-contractors or affiliated companies directly or indirectly and in any jurisdiction as a result of:
3.1.1 any breach of any of the warranties given by the Customer in this Agreement;
3.1.2 otherwise howsoever arising out of the provision by React Hosting Ltd of any Service hereunder unless on account of breach of contract or negligence by React Hosting Ltd; and/or
3.1.3 any breach by Customer of any of its obligations in this Agreement.
4. Customer Authorisation and Obligations
4.1 The Customer hereby appoints React Hosting Ltd to act on its behalf in conjunction with the provision of the Services.
4.2 The Customer acknowledges and accepts that to enable React Hosting Ltd properly to provide the Services it must co-operate with React Hosting Ltd as required by React Hosting Ltd and, in particular:
4.2.1 ensure that all its communication details which are provided to React Hosting Ltd are at all times true, current, accurate and complete and the Customer shall promptly notify React Hosting Ltd of any such alterations thereto from time to time and the Customer acknowledges that React Hosting Ltd shall not be liable for any costs, damages or loss which the Customer may suffer or incur as a result of failure to notify such changes to React Hosting Ltd.
4.2.2 obtain the consent of individuals whose personal data are to be held on a domain name register or are otherwise provided to React Hosting Ltd.
4.3 The Customer agrees that it shall:
4.3.1 immediately notify React Hosting Ltd if it becomes aware of any un-authorised use of all or any of the Services, Software, Clientware and/or Hardware;
4.3.2 not use the Services, Software, Clientware and/or Hardware or allow them to be used for any unlawful purpose or for the publication, linking to, issue or display of any Inappropriate Material whether under English law or regulation, the laws or regulations of the Customer country or any other place where the results of such purpose or such material can be accessed;
4.3.3 not use the Services, Software, Clientware and/or Hardware or allow them to be used for the publication, linking to, issue or display of any material which in the absolute discretion of React Hosting Ltd may harm React Hosting Ltd or any of its Customers or bring React Hosting Ltd into disrepute or may call into question any action taken by React Hosting Ltd on the Customer's behalf;
4.3.4 not use the Services, Software, Clientware and/or Hardware or allow them to be used in breach of good Netiquette practices;
4.3.5 remove or prevent access to any material which is hosted on any of the Hardware and/or Clientware and which causes or is likely to cause the Customer to be in breach of the Contract;
4.3.6 ensure that it has all necessary consents, permissions and licences to make use of the Services including without limit registration under the Data Protection Act 1984 and 1998;
4.3.7 not provide any technical or other information obtained from React Hosting Ltd and/or relating to the Services, this Agreement or the Contract to any person, company, firm or government which the Customer knows or ought reasonably be aware may directly or indirectly lead to a breach of any English law or regulation;
4.3.8 not, in breach of good Netiquette practices, use any service provided by any third party (including without limit an Internet web site and/or Email) for the publication, linking to, issue or display of any material which refers to an Internet web site hosted by React Hosting Ltd or any other services offered by React Hosting Ltd from time to time;
4.3.9 ensure that all material or data hosted by React Hosting Ltd on any web site operated by the Customer from time to time or communicated through such site or using the Clientware, Hardware and/or Software is checked for viruses and other harmful code;
4.3.10 be responsible for keeping regular back ups of all material and data hosted by React Hosting Ltd on any web site operated by the Customer from time to time using the Clientware, Hardware and/or Software;
4.3.11 ensure that all passwords are at all times kept confidential, used properly and not disclosed to unauthorised people and if the Customer has any reason to believe that any password has become known to someone not authorised to use it or if any password is being or is likely to be used in an unauthorised way or of any other breach of security then the Customer shall inform React Hosting Ltd immediately;
4.3.12 be entirely liable for all activities conducted and charges incurred under its passwords whether authorised by it or not and the Customer acknowledges that React Hosting Ltd shall not be liable for any loss of confidentiality or for any damages arising from the Customer to comply with these terms;
4.3.13 not use the Services in a manner which infringes a third party's copyright or other intellectual property rights of whatsoever nature;
4.3.14 not use the Services in any way that leads to a risk of or causes an excessive load on the server/network provided by React Hosting Ltd in connection with the Services.
4.4 The Customer acknowledges that in order to make proper use of the Services it should have a basic knowledge of how the Internet functions and what types of use are and are not acceptable. The Customer recognises that the use of the dedicated servers and the co-location Services requires an essential knowledge of matters such as, without limitation, system administration and the languages, software and protocols of the internet. The Customer acknowledges that React Hosting Ltd shall have no obligation to: a) manipulate any material which the Customer wishes to and/or does post on any web site it operates or any communication which it issues or sends in connection with any of the Services; or b) validate or vet such material for usability, legality, content or correctness.
4.5 The Customer warrants, represents and undertakes that the use of the dedicated servers and the co-location Services requires the knowledge referred to in clause 4.4. and accepts that it is not the responsibility of React Hosting Ltd to ensure that the Customer has such knowledge or to provide such knowledge or support or assistance and that any assistance that may be given is offered purely on a goodwill basis unless otherwise agreed in writing with React Hosting Ltd.
5. Warranties and Liability
5.1 React Hosting Ltd shall use all its reasonable endeavours to provide the Customer with a 99.9% uptime guarantee on a calendar basis, offering a refund (which, will; within reasonable time be requested by the Customer) per hour exceeded above the uptime limit (99.9%) of 1 days equivalent payment up to the maximum period of 1 month equivalent.
5.2 All implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) - excluding those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) - are hereby excluded in relation to each of the Services to be provided hereunder to the fullest extent permitted by law.
5.3 React Hosting Ltd shall not be liable for any services or products to be supplied by any third party.
5.4 React Hosting Ltd shall not be liable for any loss or damage of whatsoever nature suffered by the Customer arising out of or in connection with any breach of this Agreement by the Customer or any act, misrepresentation, error or omission made by or on behalf of the Customer.
5.5 React Hosting Ltd disclaims all liabilities in connection with the following:
5.5.1 loss of material uploaded;
5.5.2 incompatibility of the site with any of the Customer's equipment, software or telecommunications links;
5.5.3 technical problems including errors or interruptions of the site;
5.5.4 unsuitability, unreliability or inaccuracy of the site.
5.6 React Hosting Ltd is not responsible for any delay, malfunction, non performance and/or other degradation of performance of any of the Services, Hardware or Software caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Customer whether or not beyond those already supplied.
5.7 Subject to Clauses 5.8 and 5.9 below, no matter how many claims are made and whatever the basis of such claims, React Hosting Ltd's maximum aggregate liability to the Customer under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by Clauses 5.1-5.5 above, or otherwise) whether such claim arises in contract or in tort shall not exceed a sum equal to the Fees paid by Customer pursuant hereto.
5.8 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of React Hosting Ltd, its employees or its sub-contractors.
5.9 This does not affect your statutory rights as a consumer, including those set out in Clause 8 below.
6. Termination
6.1 React Hosting Ltd may terminate this Agreement by notice in writing to the Customer having immediate effect if:
6.1.1 the Customer is in breach of any of its obligations under this Agreement;
6.1.2 the Customer is a company and a resolution is passed for its winding up or a petition for its liquidation is presented; or
6.1.3 the Customer is an individual and a petition for bankruptcy is presented against it; or
6.1.4 a receiver or liquidator (where the Customer is a company) or (where the Customer is an individual) a trustee in bankruptcy is appointed over it or any of its assets; or
6.1.5 the Customer proposes or enters into any arrangement or composition with or for its creditors (including any voluntary arrangement).
6.2 In the event that any of the circumstances identified in Clause 6.1 arises, React Hosting Ltd shall have the option to terminate this Agreement as regards all Services provided or to be provided or only as regards that Service or those Services in respect of which the breach is considered by React Hosting Ltd to have been committed; and
6.3 In the event that any of the circumstances identified in Clause 6.1 arises, React Hosting Ltd shall be entitled to retain any sums paid to it by the Customer hereunder and recover any sums due to it pursuant hereto whether invoiced or not at the date of termination.
7. Confidentiality
7.1 Each of the parties agrees (subject to Clauses 7.2 and 7.3) not to:
7.1.1 disclose any Confidential Information received from the other party; or
7.1.2 make any use of any such Confidential Information other than for the purposes of performance of this Agreement.
7.2 Each party may disclose Confidential Information received from the other to its responsible employees, consultants, sub-contractors or suppliers who need to receive the information in the course of performance of this Agreement.
7.3 The confidentiality obligations under Clause 7.1 shall not apply to any information which:
7.3.1 is or subsequently becomes available to the general public other than through a breach by the receiving party; or
7.3.2 is already known to the receiving party before disclosure by the disclosing party;
7.3.3 is developed through the independent efforts of the receiving party; or
7.3.4 the receiving party rightfully receives from a third party without restriction as to use.
8. Cancellation by the Customer
8.1 Where the Customer is deemed to be a "consumer" for the purposes of the Consumer Protection (Distance Selling) Regulations 2000 or any re-enactment thereof, he/she has the right to cancel an order, within 7 days of placing the order, by giving notice in writing to React Hosting Ltd, subject to the following provisions:
8.1.1 orders for registration of domain names may not be cancelled after the domain name has been registered with the appropriate registrar;
8.1.2 orders for renewal of domain names may not be cancelled after React Hosting Ltd has submitted the renewal request to the appropriate registrar;
8.1.3 in the event of cancellation of a dedicated server/co-location Order by the Customer within 7 days of placing the Order, the Customer remains obliged to pay the set-up fee for the Services;
8.1.4 in the event of cancellation or termination by the Customer part way through the minimum contract period, the Customer remains obliged to pay for the Services for the entire minimum period under Clause 2.1.
8.2 In the event of a cancellation of an order by the Customer, under the terms of this provision, React Hosting Ltd undertakes to refund any monies paid within 30 days of cancellation.
9. General
9.1 Subject to Clause 9.2, this written Agreement together with the Schedules hereto and any other expressly incorporated document constitute the entire agreement between the parties hereto relating to the subject matter hereof. Nothing in this Clause 9.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.
9.2 Changes to the agreement may be made at React Hosting Ltd's discretion with one months notice. If the Customer has any reason not to agree with the newly applied terms, it will be permitted to complain in writing to React Hosting Ltd, outlining why the updated contract is unfair, and either at React Hosting Ltd's discretion or if applicable by English Law, the customer will have the right to terminate the agreement.
9.3 If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
9.4 The rights and obligations of the Customer under this Agreement are personal to it and it undertakes that it shall not, without the prior written consent of React Hosting Ltd, assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.
9.5 React Hosting Ltd reserves the right to sub-contract any of the work required to fulfil its obligations hereunder.
9.6 Neither party shall be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder (other than in relation to payment) resulting from acts or causes beyond its reasonable control as detailed in clause 15.
9.7 Any delay or forbearance by either party in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
9.8 Clause headings have been included in this Agreement for convenience only and shall not be considered part of, or be used in interpreting, this Agreement.
9.9 Unless otherwise stated, all rates quoted are exclusive of value added tax at the standard rate.
9.10 This Agreement shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
10. Domain Name Registration
10.1 The Customer recognises and accepts that:
10.1.1 React Hosting Ltd reserves the right to reject any request by the Customer to register any particular domain name or to discontinue processing such a request if React Hosting Ltd considers such application might expose React Hosting Ltd to legal or other proceedings.
10.2 Subject to Clause 12, the extent of React Hosting Ltd's service in relation to the registration of domain names is:
10.2.1 to forward the Customer's application to the appropriate Registry;
10.2.2 to provide administrative support in securing the registration;
10.2.3 to notify the Customer of the outcome of the application.
10.3 Subject to using its reasonable endeavours to contact the Customer prior to the domain name registration renewal date(s) at the e-mail address most recently provided by the Customer pursuant to Clause 4.2.1, React Hosting Ltd will have no involvement in, or responsibility for the Customer's use or retention of a domain name once registered;
10.4 For the avoidance of doubt and in addition to the provisions of Clause 5 above, in no circumstances will React Hosting Ltd be liable to the Customer for any loss of profit, business or anticipated savings suffered by the Customer on account of a failure to obtain or loss of a domain name;
10.5 React Hosting Ltd makes no warranty or representation of any kind in relation to the likelihood or otherwise of a particular domain name application being successful because domain name registries retain the right at their discretion to register or refuse to register a domain name applied for by React Hosting Ltd on behalf of the Customer;
10.6 The Customer's use of the domain name once registered may be challenged by a third party; if so, or if any other dispute arises the procedures laid down by the relevant registry will apply and these may include the suspension or revocation of the Customer's application for a domain name or the registration of a domain name allocated to the Customer to a third party and React Hosting Ltd will have no responsibility or involvement in relation thereto;
10.7 It is the Customer's responsibility to pay any and all renewal charges to the relevant registry in respect of each domain name registered by React Hosting Ltd on the Customer's behalf;
10.8 Domain names are registered on a first come, first served basis;
10.9 The registration of a domain name does not confer any legal rights to a name or its use and any disputes between the Customer and a third party are to be settled using normal legal methods. React Hosting Ltd will not be drawn into any such argument or dispute in any circumstances;
10.10 An application for the registration of a domain name cannot be treated as having been successful until the Customer has been notified by React Hosting Ltd in writing to this effect by email or otherwise.
10.11 React Hosting Ltd will notify the Customer as soon as is reasonably possible after the registration of a domain name has been effected and the Customer shall be responsible for visiting React Hosting Ltd's Website on receipt of such notification in order to verify that the domain name has been registered correctly and for notifying React Hosting Ltd immediately if there is any error.
10.12 The Customer is advised not to take any action in respect of a requested domain name until it has carried out its obligations under Clause 10.15 and satisfied itself that such domain name has been correctly registered.
10.13 The relevant domain name registry will include the names of the Customer and the administrative contact and other details relating to them. This information (if it refers to individuals) is 'personal data' for the purposes of data protection legislation.
10.14 By releasing a domain name registered by React Hosting Ltd to another server/host the Customer terminates this Agreement between React Hosting Ltd and the Customer and agrees to abide by the terms & conditions laid out by the receiving host/server.
10.15. The Customer warrants to React Hosting Ltd that:
10.15.1 all information provided by the Customer to React Hosting Ltd is true and correct, and that any additions or alterations thereto in the future will also be true and correct;
10.15.2 it has the legal right to apply for and use the domain name(s) as a Website and/or email address; and
10.15.3 the domain name(s) and its use as a Website and/or email address does not and will not infringe the Intellectual Property Rights or any other rights of a third party.
10.16 The Customer acknowledges that the application process, registration and subsequent use of any domain name will be subject to the rules and policies from time to time of the relevant registry and the Customer agrees to abide by all such rules and policies. Accordingly, the Customer undertakes to read those rules and policies before applying for a domain name (copies are generally available from the relevant registry's Website and are available from React Hosting Ltd by email on request).
10.17 If the Customer's application for a particular domain name is rejected, React Hosting Ltd will return to the Customer any payments received in respect of that application.
10.18 The initial registration fee is to secure the domain name(s) and pay the relevant NIC bodies (e.g. Nominet) administration fees only, and does not include any form of web hosting.
11. Web Hosting (including web forwarding)
11.1 All Material which the Customer wishes to post on a Website will be in a condition which shall be "server-ready" and which requires no additional manipulation on the part of React Hosting Ltd. React Hosting Ltd shall be under no obligation to validate such Material for content, correctness, legality or usability.
11.2 The Customer recognises that using React Hosting Ltd's Website hosting services requires a certain level of knowledge on the Customer's part in the use of Internet languages, protocols and software. The following examples are offered:
11.2.1 Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, graphics, sound, text, image-mapping etc.
11.2.2 CGI scripts: requires knowledge of the UNIX environment, Telnet, TAR and GUNZIP commands, Perl, CShell, permissions etc.
11.3. The Customer warrants that it has the necessary knowledge referred to in Clause 11.2 above and acknowledges that it is not the responsibility of React Hosting Ltd to provide such knowledge or to provide the Customer support unless otherwise agreed in writing with React Hosting Ltd.
11.4 The Customer acknowledges and accepts that it bears sole responsibility, legal and otherwise, for the content of all Material appearing on its Website. For the avoidance of doubt, this clause shall apply to all Material, whether posted on the Customer's Website by or on behalf of the Customer (whether by React Hosting Ltd or a third party).
11.5 The Customer warrants, represents and undertakes in relation to all Material that:
11.5.1 it is not Inappropriate Material;
11.5.2 The Customer either has sole ownership of all Intellectual Property Rights in such Material in each jurisdiction from which the Website may be accessed and/or has obtained full and effective licence(s) from all relevant third parties allowing the Customer or a third party acting on behalf of the Customer to use the Material and to permit its dissemination worldwide;
11.6 The Customer undertakes not to link to any Inappropriate Material from its Website.
11.7 React Hosting Ltd shall retain the right at all times to refuse to post any Material and to suspend availability of the Website (including web forwarding), place a prominent notice on the Website where an allegation of defamation or Intellectual Property Right infringement is made by a third party or place a link on the Website to another Website containing the alleger's version of events and/or to remove any Material already appearing on the Website which in the opinion of React Hosting Ltd may under the laws of any jurisdiction from which it is possible to access the relevant Website:
11.7.1 constitutes or would if posted constitute Inappropriate Material;
11.7.2 breaches or would if posted breach Relevant Legislation or any other applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory); and/or
11.7.3 harms or would if posted harm the reputation of React Hosting Ltd in any way.
11.8 React Hosting Ltd's rights to suspend availability of the Customer's Website and/or remove content under Clause 11.7 above shall be without prejudice to the Customer's sole responsibility for content of the Website under Clause 11.4 and to the warranties given by the Customer relating to that content in Clause 11.5.
11.9 Posting of Material by React Hosting Ltd on the Website shall not under any circumstances constitute a waiver of any of its rights in relation to such Material or of its rights in relation to any breach of the Customer's obligations under this Agreement.
11.10 The Customer undertakes not to post any material deemed to be inappropriate adult material, owing to its attraction of disproportionate levels of website activity.
11.11 The Customer undertakes not to embark on any course of action, whether by use of its Website or any other means, which may cause a disproportionate level of Website activity without providing at least seven day's prior notice in writing to React Hosting Ltd.
12. E-mail Services (including e-mail forwarding)
12.1 The Customer undertakes that it will not (and will ensure that others under its control will not) via e-mail:
12.1.1 transmit Inappropriate Material;
12.1.2 infringe the Intellectual Property Rights of any third party;
12.1.3 make use of the Server to an extent or in a manner which in React Hosting Ltd's reasonable opinion is excessive, wasteful or otherwise to the detriment of React Hosting Ltd, any of React Hosting Ltd's customers or any other third party, including but not limited to:
12.1.3.1 the transmission of spam e-mail; or
12.1.3.2 the transmission of insulting criticism or remarks intended to incite anger.
12.2 When sending e-mail, the Customer acknowledges that it is responsible for complying with any Relevant Legislation.
12.3 The Customer acknowledges that React Hosting Ltd is not responsible for the security of the contents of e-mail sent or received by the Customer.
12.4 React Hosting Ltd will use its reasonable endeavours to ensure that messages are routed accurately and promptly but does not accept any liability for non-receipt, non-delivery or misrouting of e-mail or any other failure of the e-mail system.
12.5 React Hosting Ltd's policy is to respect the privacy of e-mail messages sent, received, forwarded or otherwise dealt with by it and the Customer acknowledges that React Hosting Ltd will therefore not monitor, edit or disclose the contents of such messages unless required to do so by law or competent authority or to protect React Hosting Ltd's rights and/or position.
13. Intellectual Property Rights and licence agreement
13.1 All IPRs relating to the Services, Hardware and/or Software including without limit any Internet Protocol Addresses assigned to the Customer are and shall remain the property of React Hosting Ltd. React Hosting Ltd reserves the right to change the Internet Protocol Address assigned to the Customer at any time, however React Hosting Ltd shall endeavour to give reasonable notice of the change and shall use reasonable endeavours to reduce disruption to the Customer resulting from such changes.
13.2 Title to the Hardware and Software (both legal and equitable) is and shall at all times remain with React Hosting Ltd and the Customer shall keep the Software and Hardware free of all liens, encumbrances and charges and protect it from any and all judicial process.
13.3 React Hosting Ltd grants to the Customer a non-exclusive non-transferable licence to use the Software on the Hardware and/or Clientware and in conjunction with the Services and except as provided for in the Contract the Customer is not permitted to sub-licence any rights granted under the Contract to any third party. The Customer agrees that it will not itself, or through a third party:
13.3.1 copy the Software, except as is necessary to install on Hardware and for internal, archiving purposes. In the event that the Client makes any copies of the Software, the Client shall reproduce all proprietary notices on such copies;
13.3.2 reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Software;
13.3.3 sell, lease, license, transfer or sublicense the Software or associated documentation; or
13.3.4 write or develop any derivative or other software programs based, in whole or in part, upon the Software or any confidential information.
14. Risk and Title
14.1 The Customer acknowledges that the allocation of risk in any Equipment shall pass to the Customer.
14.2 The Customer acknowledges that with relation to dedicated servers React Hosting Ltd shall retain ownership of the Equipment for the Duration Period of the Contract.
15. Force Majeure
15.1 If React Hosting Ltd is prevented or delayed in or from performing any of its obligations under these terms and conditions or the Contract due to circumstances beyond its control such as but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency React Hosting Ltd shall not be liable for this.
This Agreement does not affect your statutory rights.
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