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Scorpion Hosting Terms and Conditions

By placing an order with Scorpion Hosting you indicate acceptance of these terms and conditions of service . These terms and conditions will not be varied for individual Clients. Scorpionhosting.net reserves the right to change these terms and conditions at any time without prior notice.

1 DEFINITIONS

1.1 In this Agreement the following words and expressions shall have the following meanings:

1.1.1 "downtime" means any service interruption in the availability to visitors of the Website;

1.1.2 "intellectual property rights" means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;

1.1.3 "COMPANYNAME" means Scorpion Hosting

1.1.4 "IP address" stands for internet protocol address which is the numeric address for the server;

1.1.5 "ISP" stands for internet service provider;

1.1.6 "server" means the computer server equipment operated by Scorpion Hosting in connection with the provision of the Services;

1.1.7 "the Services" means web hosting, domain name registration, email and any other services or facilities provided by Scorpion Hosting.

1.1.8 "spam" means sending unsolicited and/or bulk emails;

1.1.9 "virus" means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "trojan horses";

1.1.10 "visitor" means a third party who has accessed the Website;

1.2 Product specifications and details may be found at http://www.scorpionhosting.net.

1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.

1.4 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.

2 INTRODUCTION

2.1 The Client wishes to provide Scorpion Hosting with data that will be hosted on Scorpion Hosting's servers and made accessible via the Internet.

2.2 Scorpion Hosting provides web hosting services and has agreed to host the Client's data upon the following terms and conditions.

3 DUTIES

3.1 Scorpion Hosting shall provide to the Client the Services specified subject to the following terms and conditions.

3.2 The Client shall deliver to Scorpion Hosting the website and the software used in the website which is owned by the Client, or licensed to them by a third party or Scorpion Hosting ("the Client Software), in a format specified by Scorpion Hosting.

4 CHARGES and PAYMENT TERMS

4.1 Payment methods include credit cards (including MasterCard and Visa), debit cards (including Switch/Maestro) and direct debits

4.2 Scorpion Hosting do not accept cheques, bank transfers, postal orders, cash or any other form of payment other than those outlined in 4.1

4.3 The Charges are exclusive of VAT, which if payable shall be paid by the Client.

4.4 Scorpion Hosting shall be entitled to charge interest in respect of late payment of any sum due under this Agreement which shall accrue, from the date the date that payment is due, from day to day until the date of payment at a rate of 3% per day.

4.5 Scorpion Hosting does not provide credit facilities.

4.6 From time to time Scorpion Hosting may make enquiries on the Clients company, proprietor or directors of the Clients company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.

4.7 Should your chosen payment method fail Scorpion Hosting will attempt to settle your invoice using any other payment facilities available on your account.

4.8 All services will renew until cancelled by the Client. Scorpion Hosting emails the Clients primary email address prior to renewal of services, it is the Clients responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Clients must notify us at least 72 hours before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by you before your account is cancelled.

4.9 If a website is designed and built by Scorpion Hosting.net, payment for the completed website will be due when the website is published on the internet. If full payment is not received within 7 days of the invoice, then an additional interest charge of 3% per day [of the outstanding balance] will be added & due by the client. If payment is not received within 3 working days of a reminder being sent to the client, then the website, any domain names & email services will be suspended pending full payment [plus any additional interest or other outstanding charges].

There is a £150 exc VAT administration fee to re-activate any or all services [per website/domain name].

4.10 All website & database design will remain the property of Scorpion Hosting.net until paid for in full. Scorpion Hosting.net transfer ownership of the website & database design upon final payment. Scorpion Hosting.net retains the right to use any HTML code, php/mySQL code, database coding, flash and Javascript on other projects. The client or the clients designated web design agency can modify the code as required for the client's specific named website, BUT the client must not pass on any code from their website to any other web design agency or individual for use on other projects, as all code and images are the Copyright of Scorpion Hosting.net. Any infringement of this condition will result in legal proceedings under the terms of the Copyright Act.

4.11 Use of stock images in design of websites - when using such stock images Scorpion Hosting.net are not reselling or transferring these images to you [our client], but allowing the use of these images in the specific design that we have created for you. You must not sell or transfer these images on - If you do so, you will be liable for prosecution from the stock image company [possibly via Scorpion Hosting.net] where the image originated from.

4.12 Changes to the clients website [if hosted by Scorpion Hosting.net] are carried out by Scorpion Hosting.net appointed personnel. No ftp access will be given to the client or any other web design agency, except by prior short term agreement. This is to protect our server and to provide security for all clients.

4.13 All website content is to be provided by the client, and no responsibility is taken by Scorpion Hosting.net for any such content including images or text displayed on the website, that subsequently has existing copyright associated with it, that may cause grievance with the original owner.

4.14 Upon transfer of the website to the clients web server or to Scorpion Hosting's servers, and subsequent transfer of ownership of the website, the client accepts full responsibility for the whole content of the website, and any grievances, arising as result of this content, either in the United Kingdom, or any other countries, will be the sole responsibility of the client, Scorpion Hosting.net accept no responsibility what so ever. Additionally, Scorpion Hosting.net will take no responsibility, for the content of third party websites to which links have been placed to or from the clients site..

4.15 Any hosting space for the website, reserved for the client, will remain the property of Scorpion Hosting.net until paid for in full by the client. All hosting fees must be paid on the due date to ensure that the site remains live, failure to comply with this will cause the site to be disabled until payment is received.

4.16 Scorpion Hosting.net cannot be held responsible for any virus that may be passed on to any computer from the web server, or by email. Scorpion Hosting.net will not be held responsible for any loss, or theft of data from a clients PC - it is advised that a suitable security software package is sourced and installed, responsibility for this security and protection lies with the client.

4.17 Scorpion Hosting.net cannot guarantee web server security, and cannot be held responsible for any loss, or misuse by third parties, of any data that is captured and/or stored on the web-server, even using SSL or other encryption.

•  All prices quoted in any proposal are valid for 7 days from date of such proposal.

4.19 Prices do not include any hardware or software that may be required, unless specified on the order and prices do not include the cost of any merchant accounts required by the client for on-line credit or debit card transactions.

4.20 Scorpion Hosting.net will endeavour to host the website on a 24 hours a day basis, through a partnership with a professional server provision company, but cannot be held responsible for any downtime of the web server, or other equipment, connected to the Internet which may cause the clients website to be off-line for any reasonable amount of time, or causes loss of revenue on a website or an e-commerce enabled website. This is applicable to website hosting and any email accounts and email forwarding.

4.21Scorpion Hosting.net will not be held responsible for any problems arising from the clients own email account and Internet service provider (ISP).

4.22 A 30% deposit is required with all orders, and is for set-up of web hosting space, any software required, domain name registration and initial design work. Deposits are non-refundable.

4.23 iPIX digital imaging - iPIX images will be supplied to clients in the following formats: .ips &/or .ipx &/or JAVA class files. The files will be supplied with implementation instructions for the company's own internal IT dept, their web designers, or their hosting company to allow implementation of such files on their website. Scorpion Hosting.net will not be held responsible for any damage caused by downloading the iPIX plug-in or java virtual machine to any computer, whether it be the clients computer, or an end-user / client of the Scorpion Hosting.net customer.

4.24 Scorpion Hosting.net retain the copyright on all iPIX images taken on behalf of the client and may use them for display and/or promotional activity on the Scorpion Hosting websites and on future projects commissioned by our clients.

4.25 Hosting of websites [not built & developed by Scorpion Hosting.net] - Scorpion Hosting.net retain the right to examine in full the contents of the proposed website that is to be hosted [including all files & content]. Scorpion Hosting.net have the right to refuse hosting of the website, if Scorpion Hosting.net are not satisfied with the files or content. Scorpion Hosting.net Hosting is a fully managed service and no ftp access will be given to the client or any other web design agency. This is to protect our server and to provide security for all clients. Full FTP access can be given at an additional cost where a virtual server is set up for the client.

5 IP ADDRESSES

5.1 Scorpion Hosting shall maintain control and ownership of the IP address that is assigned to the Client as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.

5.2 Where Scorpion Hosting changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Client.

6 SOFTWARE LICENCE AND RIGHTS

6.1 If the Client requires use of software owned by or licensed to Scorpion Hosting ("Scorpion Hosting's software") in order to use the Services or as part of any website design, Scorpion Hosting will grant to the Client and their employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use Scorpion Hosting Software in object code form only, in accordance with the terms of this Agreement for use on the specified website only. For the avoidance of doubt, this Agreement does not transfer or grant to the Client any right, title, interest or intellectual property rights in Scorpion Hosting Software.

6.2 In relation to Scorpion Hosting's obligations under this Agreement in connection with the provision of the Services, the Client grants to Scorpion Hosting a royalty-free, world-wide, non-exclusive licence to use the Client Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to Scorpion Hosting any right, title, interest or intellectual property rights in the Client Software or the Content.

6.3 The Client undertakes that they, or through any third party, will not sell, lease, license or sublicense Scorpion Hosting Software. This includes software which may have been created by Scorpion hosting or it's appointed agents or purchased by Scorpion Hosting for use on the client's specified website.

6.4 Scorpion Hosting may make such copies of the Client Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, Scorpion Hosting shall destroy all such copies of the Content and other materials provided by the Client as and when requested by the Client.

7 SERVICE LEVELS AND DATA BACKUP

7.1 Scorpion Hosting shall use its reasonable endeavours to make the server and the Services available to the Client 100% of the time but because the Services are provided by means of computer and telecommunications systems, Scorpion Hosting makes no warranties or representations that the Service will be uninterrupted or error-free and Scorpion Hosting shall not, in any event, be liable for interruptions of Service or downtime of the server.

7.2 Scorpion Hosting carries out data backups for use by Scorpion Hosting in the event of systems failure. Scorpion Hosting do not provide data restoration facilities for individual Clients. Even though every effort is made to ensure data is backed up correctly Scorpion Hosting accepts no responsibility for data loss or corruption.

8 ACCEPTABLE USE POLICY

8.1 The website and use of the Services may be used for lawful purposes only and the Client may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Client agrees not to:

8.1.1 use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;

8.1.2 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;

8.1.3 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website;

8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;

8.1.5 engage in illegal or unlawful activities through the Services or via the Website;

8.1.6 make available or upload files to the website or to the Services that the Client knows contain a virus, worm, trojan or corrupt data; or

8.1.7 obtain or attempt to obtain access, through whatever means, to areas of Scorpion Hosting's network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.

8.1.8 operate or attempt to operate IRC bots or other permanent server processes.

8.2 The Client has full responsibility for the content of the Website. For the avoidance of doubt, Scorpion Hosting is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.

8.3 If the Client fails to comply with the Acceptable Use Policy outlined in Clause 8.1 Scorpion Hosting shall be entitled to withdraw the Services and terminate the Client's account without notice.

8.4 If the website that is hosted by Scorpion Hosting.net starts to exceed the stated web space or bandwidth allowance by the third party server company, then Scorpion Hosting.net will pass on any additional charges to the customer.

8.5 No illicit or pornographic material is allowed on any website hosted on behalf of Scorpion Hosting.net. Scorpion Hosting.net will inform the relevant authorities if any such material is discovered.

8.6 Once the website has been launched live on the Internet, the client has seven days in which to inform Scorpion Hosting.net of any changes required. Thereafter, the client is deemed to have accepted that the website is satisfactory and changes will be charged according to our scale of charges in effect at that time

9 ALTERATIONS AND UPDATES

All alterations and updates to the website shall be made by the Client using the online account management facility, FTP access or SSH access where available. The Client will be issued with a user name and password in order to access the account. The Client must take all reasonable steps to maintain the confidentiality of this user name and password. If the Client reasonably believes that this information has become known to any unauthorised person, the Client agrees to immediately inform Scorpion Hosting and the password will be changed.

10 WARRANTIES

10.1 The Client warrants and represents to Scorpion Hosting that Scorpion Hosting's use of the Content or the Client Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Client has the authority to license the Content and the Client Software to Scorpion Hosting as set out in Clause 6.2.

10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Scorpion Hosting shall not be liable to the Client as a result of any viruses introduced or passed on to the Client.

11 INDEMNITY

The Client agrees to indemnify and hold Scorpion Hosting and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Scorpion Hosting arising out of any breach by the Client of the terms of this Agreement or other liabilities arising out of or relating to the Website.

12 LIMITATION OF LIABILITY

12.1 Nothing in these terms and conditions shall exclude or limit Scorpion Hosting's liability for death or personal injury resulting from Scorpion Hosting's negligence or that of its employees, agents or sub-contractors.

12.2 The entire liability of Scorpion Hosting to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

12.3 In no event shall Scorpion Hosting be liable to the Client for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Scorpion Hosting had been made aware of the possibility of the Client incurring such a loss.

13 TERM AND TERMINATION

13.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.

13.2 Scorpion Hosting shall have the right to terminate this Agreement with immediate effect by notice in writing to the Client if the Client fails to make any payment when it becomes due.

13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:

13.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or

13.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or

13.3.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or

13.3.4 the other party ceases to carry on its business or substantially the whole of its business; or

13.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

13.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.

13.5 On termination all data held in the Clients account will be deleted.

14 ASSIGNMENT

14.1 Scorpion Hosting may assign or otherwise transfer this Agreement at any time.

14.2 The Client may not assign or otherwise transfer this Agreement or any part of it without Scorpion Hosting's prior written consent.

15 FORCE MAJEURE

15.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

16 SEVERANCE

16.1 If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

17 NOTICES

17.1 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 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 2 days following the date of posting.

18 ENTIRE AGREEMENT

This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.

19 GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the law of England the parties hereby submit to the exclusive jurisdiction of the English courts.

20 DOMAIN NAME REGISTRATION

20.1 Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it Scorpion Hosting will provide a full refund for that domain name.

20.2 Please return to the main terms and conditions area of this website to view terms and conditions for individual domain name registrars.

20.3 Any domain names registered to or on behalf of the client will remain the property of Scorpion Hosting.net until any outstanding debt relating to those domain names or any other services provided by Scorpion Hosting.net are paid in full [this is also applicable for renewals].

20.4 Domain name renewal fees: Renewal fees will be due every 2 years, prices may vary according the registrants fee at the time. It is the responsibility of the client to inform Scorpion Hosting.net that they have moved or changed address for the purpose of domain name renewal or subsequent invoicing. If invoices are not paid, due to this, then any domains names will be cancelled & released back onto the open marketplace, and any web space cancelled [this applies to ALL domain names, .co.uk, .com, .net, .org, etc].

The address to inform Scorpion Hosting.net of such changes:

Email: admin@scorpionhosting.net or by Telephone 0034 953 596329

21 SCRIPTING

21.1 Scorpion Hosting are not responsible for Client programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.

22 PRIVACY

22.1 To protect your privacy we will not distribute your details to third parties, unless required to do so by law.

23 DATA TRANSFER

23.1 Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.

23.2 Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.

24 SERVER USAGE

24.1 Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other Clients we will discuss with you alternative solutions for your hosting requirements.

25 AFFILIATE PROGRAMME

25.1 Commission earned via the affiliate programme will only be paid by using a valid direct debit/credit mandate on your account. It is the Clients responsibility to ensure they have this facility. In the event of the Client not being able to obtain this facility then no commission will be paid.

26 WEBSPACE USAGE

26.1 Unlimited web space is available for genuine web site content; content must be linked into web pages. Clients are prohibited from using the server as a file/backup repository. Clients are expected to employ good house keeping when maintaining their account.

27 MAIL BOXES

27.1 Mail boxes not accessed for 100 days or more will be deleted from the system.

28 DISPUTES

28.1 Any dispute arising from any work completed by Scorpion Hosting.net with be dealt with fairly and quickly. In the first instance, any correspondence should be sent to admin@scorpionhosting.net with Dispute in the subject line.

For more information please call 0034 953 596329 or Email: admin@scorpionhosting.net