2.1. Description of Services. The company facilities allow you to send and receive electronic mail via the Internet and publish web site(s) on the World Wide Web. You must: (1) provide all equipment, including a computer and modem necessary to establish a connection to the Internet; and (2) provide for your own connection to the Internet and pay any telephone service fees associated with such connection. The company may set a fixed upper limit on the number of messages you may send or receive through the mail service and for the data you can upload to your web site(s) or the number of web sites you can browse using our dial-up; however, The company retains the right, at The company' sole discretion, to restrict the volume of messages transmitted or received by you, or uploaded by you to your web site(s) in order to maintain the quality of our services to other customers and to protect our computer systems. We, in our sole discretion, will determine whether or not your conduct is consistent with this Agreement and any The company operating rules or policies and may terminate your mail service if your conduct is found to be inconsistent with this Agreement or such rules or policies.
2.1.2 The company web space facilities allow you to publish web sites to the Internet or World-wide-web. If you are designing and publishing the web site yourself you must obtain suitable web design software (by purchase if necessary) and FTP upload software (by purchase if necessary). Note that some web design packages contain FTP upload software. The company has no obligation to provide or recommend such software. The company POP3 email facilities allow you to store email messages on our servers. To receive this email you must connect to the Internet and use suitable POP3 software (e.g. Microsoft Outlook Express), which you may have to purchase if necessary. The company has no obligation to provide such or recommend such software.
2.1.3 In order to use the email and web services we must host your domain name records. If you transfer your domain name records to a third party in conjunction with a live web site or for any other reason or allow your domain name registration to expire, you will no longer be able to use the email and web services. We will not refund the fees you paid for our web or email services if you elect to transfer your domain name record to a third party.
2.1.4 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;
2.1.5 You must keep current backups of any data posted to our servers. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server;
2.1.6 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that;
184.108.40.206 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;
220.127.116.11 You will not post, link to or transmit:
- (a) Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way;
- (b) Any material containing a virus or other hostile computer program;
- (c) 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;
2.1.7 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 loss, theft or unauthorised disclosure of your password or other security information;
2.1.8 Relaxed permissions are not acceptable. 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.
2.1.9 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;
2.1.10 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;
2.1.11 Our email forwarding services are free of charge and should not be relied on for business purposes or for any purposes where a failure of such services would result in loss or damage of any kind.
2.1.12 Pornography and sex-related merchandising are PROHIBITED on any company server.
2.13 Spamming, or the sending of unsolicited email, from the company server or using an email address that is maintained on The company machine is STRICTLY PROHIBITED.
2.1.14 When a website is found to be monopolising available resources (bandwidth, processor utilisation or disk space) The company reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. We may offer the option to provide the service for an additional fee.
2.1.15 if we identify a mailbox or domain that is causing problems we will remove the offending mailbox or change the settings to resolve the issue. In extreme cases we will disable or suspend service. Common issues that may cause this action to be taken are: mailboxes receiving large volumes of undeliverable email, mailboxes where forwarders are set to other mailboxes where mail cannot be delivered, where mailboxes have forwarders or auto responders that generate circular mail loops.
Where large amounts of email are being sent in any given 2send/receive2 instance the company reserves the right to stop the mail and take action. We will send warnings and contact the customer should this occur. The result may be closure of account, suspension of service or a charge may be applied. The customer should be willing to accept these outcomes.
2.1.16 Webspace is for legitimate web site content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the website. Sites should not contain any backups, downloads, or other non-web based content. Easyspace reserve the right to treat as unacceptable any binary files other than image files which Easyspace deem to form an integral part of your Web content. The term "binary files" includes, but is not restricted to, archives (such as "zip" and "rar"), executables, video and audio files.
2.1.17 One Click installs comes as a bundled add-on to our MySql enabled hosting packages. If you decided to use One Click installs you will get this free for the 1st 12 months. After the 12 month period you will be charged a one off yearly fee of £4.95 – that’s only 41p per month!
2.1.18 Easyspace do not support the scripts that can be installed – these scripts are installed at your own discretion and Easyspace takes no responsibility for any issues relating to the install of a script, and loss of data from an install. We strongly recommend you backup your websites and any related data before installing scripts via the 'one click' installer.
2.1.19 'One Click' installers require separate MySql databases for each script, extra MySql databases are available from within your customer control panel.
18.104.22.168 Easyspace reserve the right to periodically scan all uploaded content for malware or virus infection. Easyspace reserve the right to remove, without notice, any files which are found to be inaccessible to these scans - files such as, but not restricted to, any password-protected archives.
2.1.20 In accordance with Visa and Mastercard scheme rules, all customers accepting card payments are required to comply with PCI DSS requirements. You shall not use the services to host any PCI DSS Environment but for the avoidance of doubt, this does not prevent the use of a hosted third party payment service provider (PSP) such as WorldPay, SagePay (or other externally hosted gateways) in conjunction with the services. You acknowledge and agree that you have taken all necessary steps to ensure you have been properly advised by your card acquirer or a PCI DSS Qualified Security Assessor (QSA) with regards to your obligations and on the appropriateness of any web hosting or other services from Easyspace.
2.2.1. £25 Free Mirago PPC Vouchers
Sign-up to Mirago Featured Sites (PPC) via Easyspace and Mirago will credit your PPC account with £25. The £25 credit is non-refundable and will only be credited to an account after it has been opened online and you have paid a non-refundable £50 deposit which is to be spent on the purchase of keyword traffic. One application per company may be made.
2.2.2 Web hosting packages with existing domain name (domain previously registered) will be eligible for the full refund.
2.2.3The Easyspace 7 days Money Back Guarantee is valid on new web hosting purchases and it’s not valid on renewals & transfers.
2.3.1. The "Free Web Hosting" offer is available to both new and existing customers, but can only be accessed by initiating the domain transfer via the shop. Those transferring via their control panel will not receive free web hosting for the domains they transfer.
2.3.2. The "Free Web Hosting" offer is only available to customers who transfer a domain to Easyspace on or after 20th May 2009.
2.3.3. The "Free Web Hosting" offer will consist of 1 Linux StarterPlus web hosting package included with each domain transfer. No other packages are included in this offer.
2.3.4. The "Free Web Hosting" package included with domain transfers will be free for 1 year only.
2.3.5. The "Free Web Hosting" package included with all domain transfers will be set to AutoRenew. As such, you will be billed accordingly when renewal for that package is due.
2.3.6. It is your responsibility to manage and keep note of your renewal dates.
2.3.7. It is your responsibility to cancel your hosting package before its renewal date if you decide you no longer require it.
2.3.8. There are no limits to the number of domains that can be transferred to Easyspace per customer during this offer.
2.3.9. Where applicable, certain domains will be renewed for an additional year upon transfer to Easyspace. This charge will be applied during the domain transfer signup.
2.3.10. It is your responsibility to make sure your domain is transferable before continuing.
2.3.11. It is your responsibility to make sure all related communications are managed to allow smooth transfer. Easyspace are not responsible for delays or issues with your current provider.
2.3.12. Easyspace reserve the right to stop this offer at any point without explanation.
2.3.13. Domains being transferred from any other iomart group company are not eligible for this offer.
2.4 SSL Certificates on Shared Web hosting
SSL certificates are available on Easyspace web hosting at an extra charge. Shared SSL is available for £49.99 pa and Dedicated for £199 per year.
Bursting of RAM allocation on Virtual Servers packages
The bursting feature is intended to be for short term usage. Examples of short term usage include installation of software or a spike in traffic which requires additional memory temporarily. If usage of bursting on the virtual server is shown to be in excess of what is considered normal usage, Easyspace reserve the right to suspend any or all of the service at any time, without prior notice, explanation, or recompense.
Easyspace may offer add on services such as an automatic backup option.
Easyspace shall use reasonable efforts to provide Automatic Backup services on a 24 hours a day,7 days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the Automatic Backup services may be inaccessible for any reason, including without limitation: (a) malfunctions; (b) maintenance procedures or repairs that Easyspace may undertake from time to time; or (c) things beyond the control of Easyspace or that are not foreseeable by Easyspace, including, without limitation, interruption or failure of digital transmission links, hostile network attacks, IP congestion and any other failures outwith our control.
This information is for customers who may wish to have additional ports opened.
If its within the first 5 days of the sale its free of charge.After 5 days this managed service is charged at:~
The setup for some control panel add-on items will take up to 1 working day from date of purchase - this only applies to customers who bought a virtual server BEFORE September 4th 2008.
The following terms relate to dedicated servers only:
4.1 Server Hardware
4.2 We will be the owner of the Server unless it transfers at the end of contract if applicable to you under initial contract terms.
4.3 The Server shall be installed and operated in the space by us. You will have no right of physical access to the Server or the Space.
4.4 We shall have no liability for any loss or damage to any data stored on the Server.
4.5 You acknowledge that, we cannot guarantee that the Server will be free from defects. Nor can we guarantee that it will operate uninterrupted or without failure. We shall use our reasonable endeavours to make available to You at all times the Services but we shall not, in any event, be liable for interruptions of service or down-time of the Server and Ww shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
4.6 Should we become aware of a Server fault, We will at our option repair the Server or provide an equivalent Server as a replacement as soon as practicably possible.
4.7 Any replacement Server will be provided in the default configuration as the Server was originally supplied. We do not warrant that any data, content or settings present on the original Server will be transferred to the replacement.
4.8 Should any reboot of a server be required due to customer actions, a service charge of £49 +VAT will be incurred.
4.9 Port Opening This information is for customers who may wish to have additional ports opened.
If it's within the first 5 days of the sale its free of charge. After 5 days this managed service is charged at:~
5.0 Bandwidth > please refer to our bandwidth specific terms
6.0 Clearance servers With limited stock availability Easyspace do not guarantee that a particular server will be available - even if advertised as so in the clearance area. If a server is purchased and one isn't available at that time due to multiple concurrent purchases Easyspace will contact you to discuss available options.
7.0 In accordance with Visa and Mastercard scheme rules, all customers accepting card payments are required to comply with PCI DSS requirements. You shall not use the services to host any PCI DSS Environment but for the avoidance of doubt, this does not prevent the use of a hosted third party payment service provider (PSP) such as WorldPay, SagePay (or other externally hosted gateways) in conjunction with the services. You acknowledge and agree that you have taken all necessary steps to ensure you have been properly advised by your card acquirer or a PCI DSS Qualified Security Assessor (QSA) with regards to your obligations and on the appropriateness of any web hosting or other services from Easyspace.
5.1 EasySiteLive is an annual renewable service. The client acknowledges that this service will be renewed annually in line
5.1.2 All renewals will occur automatically. Please refer to section 3 - Renewal.
22.214.171.124 The registration time of any domain included with EasySiteLive normally takes between 24hrs and 48hrs to propagate. Easyspace cannot influence or control the length of time this takes.
126.96.36.199 The EasySiteLive software enables a customer to make changes to their website, including uploading content and images. It is the customer's responsibility to ensure images and text displayed fulfils copyright requirements. Easyspace (iomart) accept no responsibility for use of copyright images or text.
5.2.1 Easyspace takes no responsibility for changes or errors that the customer makes to your EasySiteLive PRO website that our outside of our control
5.2.2 You understand that Easyspace reserves the right to use images or screenshots of your website in any promotional activity without your consent
5.2.3 You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("content") are the sole responsibility of the person who uploaded the content.
5.2.4 You agree that Easyspace are not responsible for all content that you upload, post, transmit or otherwise make available via EasySiteLive PRO.
5.2.5 You agree that Easyspace has no control over the content posted via EasySiteLive PRO and, as such, does not guarantee the accuracy, integrity or quality of such content.
5.2.6 You agree that any material you use on your website is of your own creation or you have written agreement from the content or copyright owner.
5.2.7 You agree that Easyspace will not be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via EasySiteLive PRO
5.2.8 Easyspace reserve the right shall have the right to remove any content that violates our terms and conditions or is otherwise deemed objectionable – this is at Easyspace’s sole discretion.
5.2.9 You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
5.2.10 You acknowledge and agree that Easyspace may archive content and may also disclose content if required to do so by law.
5.2.11 Easyspace reserve the right to cancel your package without warning Easyspace have no responsibility for the backup of your own personal content added to the website
6.1 Customer Club Points program has been terminated, effective 31st March 2010.
6.1.1 Customer club points are no longer available with purchases of Easyspace products and services.
6.1.2 Customer club points are no longer available for redemption against any Easyspace products and services.
6.1.3 Customer Club Points are no longer available for referring of friends / colleagues & family.
6.1.4 Customer Club Points have no cash value. Remaining Club Points may be only redeemed for Easyspace Gift Voucher. Gift Voucher value will be specified by Easyspace. Gift Vouchers are valid for 6 (six) calendar months from the date of Customer Club Points redemption.
6.1.5 Remaining Customer Club Points can be redeem for Easyspace Gift Vouchers within 3 (three) month from date of program termination until 30th June 2010. All unredeemed Customer Club Points shall be forfeited without any obligation or liability, and no award claims shall be honored after the conclusion of the notice period.
6.1.6 Any breach of these Terms and Conditions by a member, whether intentional or otherwise, may result in termination and cancellation of points, awards, or benefits at the sole discretion of Easyspace.com.
6.1.7 As customer club points were non-transferable between accounts customers can not redeem vouchers for merged accounts.
7.1. Easyspace Gift Vouchers cannot be used on any website other than www.easyspace.com
7.2. Easyspace Gift Vouchers can only be used online. Vouchers will not be accepted as payments other than via the website.
7.3.Gift Vouchers cannot be exchanged for cash.
7.4. Gift Vouchers are valid for 1 year (one year) only, from date of purchase.
7.5. Gift Vouchers will expire on date given within Control Panel. Vouchers will be classed as void after this date and will not be
7.6. Gift Vouchers are non-transferable, cannot be exchanged for Cash and cannot be used as means to purchase additional vouchers.
7.7. Gift Vouchers can only be used to purchase new services. Vouchers will not be accepted as payment (whether in full or in part) for renewals or for clearing debt owed to us.
7.8. Standard Terms and Conditions of purchase, renewals and cancellations apply to all products and services bought using vouchers.
7.9. Gift Vouchers are issued by Easyspace Ltd
While we appreciate you can't fully control the volume of spam directed at your mailboxes, pricing for our Mail Filter product is based on what we believe to be an acceptable level of mail traffic. Anyone who appears to be producing levels of mail traffic beyond what we class as fair, or recommended for the cost of the product, will be contacted.
For our Mail Filter package, we consider Fair Usage to be no more than 1 million (1,000,000) emails being filtered in any one month. Accounts generating more than 1 million emails per month will be looked upon as having Unfair Usage levels and will be subject to being contacted by Easyspace to review the terms of the package.
To clarify, the £25 annual cost of Mail Filter covers up to 1 million emails per month only. Any account seen to be going over this level of email will be contacted with payments adjusted accordingly.
Details for these charges are detailed below:
All prices quoted exclude VAT
Easyspace reserves the right to cancel the customers mail filter service if the above Fair Usage conditions are breached.
This Fair Usage policy is applicable to full paying and free trial versions of our Mail Filter product.
These Terms and Conditions should be read in conjunction with a completed Sales Order, in which you will find the service, pricing and other arrangements specific to your contract with Easyspace. Signature of a Sales Order on behalf of both you and Easyspace creates a legally binding contract made up of that Sales Order, these Terms and Conditions and any schedules or appendices referred to in either document. For ease, that contract is referred to in these Terms and Conditions as the "Agreement".
To make these Terms and Conditions easier to read, Easyspace have given the following expressions a specific meaning, when used in this Agreement:
When your website is complete it is almost ready to be published. It is important at this stage to let Easyspace know that you are happy with your site. Easyspace check all websites that they produce against their own internal checklist to ensure that each and every build is completed to the highest of standards.
The Easyspace designers are based in the UK in the same offices as the Sales Team and Design Manager.
Service shall not be guaranteed during scheduled maintenance work, which may be carried out by Easyspace between 23.00 local time and 07.00 local time (GMT or BST as applicable), Monday through Sunday. All scheduled maintenance work will be notified to the Customer via email detailing work to be carried out and the possible impact to the Customer. Such notifications will be given at least 48 hours prior to the maintenance being carried out and Easyspace will endeavour, wherever practical, not to schedule maintenance work more than once per week. However where, in Easyspace's reasonable opinion, an emergency situation exists, Easyspace also reserve the right to carry out emergency maintenance out-with this period and out-with the normal notification process.