Hosting Terms and Conditions

By using the services of Channelnetcom.com (a division of Channel Publications Ltd) you agree to the following Terms and Conditions. In these Terms the 'supplier' is Channelnetcom.com (a division of Channel Publications Ltd); the 'user' is the customer whose website or websites are being hosted by the supplier.

1. The supplier undertakes to allow the user all reasonable access to the site/s hosted by the supplier to enable the user to update the content of the site/s. This may or may not be via a dedicated Control Panel.
2. The supplier will maintain the services 24 hours a day 7 days a week (subject to allowing for maintenance and upgrading work) but disclaims responsibility for failure of the services due to third parties, (for example, failure by an ISP or its suppliers, or third party programmes that are part of the user's site, or failure by other providers of telecommunication services or for faults in or failures of their apparatus). The user also acknowledges that sites are complex, may not be error-free, and may not, as a matter of practicality, be accessible via the Internet at all times.
3. The user undertakes not to upload to any site/s hosted by the supplier any content or statements that are in breach of any laws, including laws of obsenity, offensiveness, libel, racial prejudice or incitement of racial or religious hatred, of the United Kingdom, the European Union, United States and any other region to which the site/s are likely to be accessed from; and not to breach laws of confidentiality, copyright, including trade marks. The user indemnifies the supplier against all costs, claims, expenses and liabilities arising in connection with any action, claim, demand or allegation actions that may arise from any such breaches, wheresoever they may take place.
4. The user is responsible for all content of the site/s hosted by the supplier on the user's behalf, and undertakes not to upload Adult content (including pornography), nor to allow the site/s to be used for spam, unsolicited emailing, or online gambling.
5. The supplier agrees to allocate space on a server for the site/s for which the hosting relates, so that it can be accessed over the Internet; and to maintain optimum performance for the site/s (subject to Clause 2. above)
6. The user acknowledges that it is technically impracticable to provide hosting completely free of fault, and that from time to time the service will be unavailable, for example during essential maintenance work, repair or upgrades or improvements. There may also be down time during transfer of the site/s from one server to another, for example, to enable an improvement in ongoing services.
7. The supplier will not be responsible for any inability of the user to access the services supplied due to incompatibility between the supplier equipment and the user equipment.
8. The user agrees to pay the supplier by quarterly standing order or by a one-off payment once per year (in advance). On termination the user is not entitled to any refunds for any fees or charges paid, nor for claiming any monies paid even when these were paid for hosting after the services were terminated. It is the responsibility of the user to ensure that payments due are paid, and when the services are terminated, to ensure the Standing Orders or annual payments cease.
9. Where the hosting service is interrupted for the user for a period of more than 7 days in any 30 day period (for example due to failure by an ISP or its suppliers, or third party programmes that are part of the user's site, see Clause 2. above), the user will be entitled to a refund of one month's hosting fee payable on demand by the supplier, so long as such demand is made within 30 days of such failure in service.
10. The supplier is entitled to suspend performance of any of the services forthwith in the event that any payment/s are unpaid at the due date. Where services are terminated for non-payment, whether or not an invoice has been issued by the supplier, the user will be liable to a charge of 250 pounds sterling before the service will be re-instated, or the site transferred to another supplier.
11. Where payment for hosting has not been made and where the supplier also has registered domain name or domain names on behalf of the user (whether or not the domain name or domain names is linked to the site/s for which hosting payment has not been made), the supplier reserves the right to with-hold transfer of services related to the domain name or domain names until such time as the monies due, and the 250 pounds sterling charge, are settled in full. VAT will be charged where applicable.
12. The user may terminate hosting services by giving one month's notice in writing.
13. The supplier can terminate hosting services immediately if the user misuses the services in any way, or allows misuse of the service, including but not limited to implantation of computer viruses, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data on the supplier's servers, and/or by hacking. In other circumstances the owner may terminate the agreement by giving one month's notice in writing.
14. If for some reason the supplier is liable to the user, then the suppliers liability to the user or any third party arising out of or in connection with or in relation to hosting services or any collateral contract or out of the supply, purported supply or non-supply of the services or equipment, whether based upon contract, tort (including negligence) or otherwise, shall not exceed the lesser of the price or amounts paid or payable to the supplier for the services over the 12 months prior to the event that gave rise to the liability concerned.
15. Property rights: Unless otherwise agreed in writing, the user shall own and be responsible for all intellectual property in the content on the user site/s and the swner shall not be responsible for the caterials or the intellectual property in them. However, the equipment will remain the property of the supplier or the supplier's suppliers at all times.
Other Matters
i) Force majeure: The supplier shall not be liable to the user for any delays or failures in performance of its hosting obligations caused by matters beyond the suppliers control.
ii) Non-Assignment: The benefits and obligations conferred upon the user are personal to the user and shall not be, and shall not be capable of being, assigned, delegated, transferred, sub-contracted or otherwise disposed of.
iii) Entire Agreement: These terms and conditions constitutes the whole terms and conditions between the user and the supplier and supersedes and excludes any previous terms and conditions, arrangements or understandings between the supplier and the user regarding the hosting services. Both the user and the supplier acknowledge that the user and the supplier are not relying on any statements, warranties or representations given or made by the user or the supplier relating to the hosting of the site/s, save as set out in these terms and conditions.
iv) Variation and waiver: No variation or amendment to these terms and conditions shall be effective unless in writing signed by authorised representatives of user and the supplier. Also, no failure of either the user or the supplier to exercise, and no delay in exercising, any right or remedy in respect of any provision of these terms and conditions shall operate as a waiver of such right or remedy.
v) Severability: If any provision or part of a provision of these terms and conditions or its application to the user or the supplier, shall be, or be found by any authority of competent jurisdiction to be, invalid or unenforceable, that invalidity or unenforceability shall not affect the other provisions or parts of such provisions of these terms and conditions, all of which shall remain in full force and effect.
vi) Governing Law: This agreement shall be governed by and construed in accordance with English Law and the user and the supplier submit to the exclusive jurisdiction of the English Courts.