why nativespace
Terms And Conditions
WEB HOSTING
When hosting a domain name on our servers, you must accept the following terms and conditions:
DEFINITIONS
'Company' means nativespace. nativespace is a trading name of nativelogic ltd. (registered company number 03985660)
'Customer' means the Customer of nativespace.
'Services' means services provided by the Company either in the direct or indirect control of the Company.
'Registrant' means the Customer applying or having applied to the Company to register a domain or domains on behalf of the Customer.
'Web site' means a web site and all associated files, not limited to source code, scripts and database information.
'Him' or 'his' is a generic reference to the Customer and neither means nor implies gender-specivity.
TERMS OF SERVICE
The Company provides World Wide Web page hosting and related services, as well as domain name registration. The Company reserves the right to suspend or cancel a Customer's access to any or all services provided by the Company if the Company considers that the account has been inappropriately or illegally used. The Customer warrants that he is at least 16 years of age.
'INSTANT' SETUP OF SERVICES
The Company will endeavour to set up the hosting account within 15 minutes of receiving payment. In the case of advanced packages (e.g. eMERCHANT) and all reseller packages, following setup of the hosting space specific software will be installed and configured by an administrator and this can take between 24-48 hours. No guarantees are given regarding the amount of time it will take for a specific package/hosting space to be configured and available to the user.
SPECIAL PACKAGES
eMERCHANT Packages include up to 3 hours of support per month for the specific third-party shopping cart provided to the Customer as part of the hosting package, in addition to the support provided as part of the hosting package. Any unused hours are not cumulative i.e. do not roll over to the following month. The Company shall endeavour to install, but not pay for, any customisations ('mods') and provide advice regarding any aspect of the package, although no guarantees are made regarding functionality of the shopping cart software or any modifications made to that software. The Company can be held in no way liable for any probelm caused to the Customer as a result of using any software developed by a third-party, and does not provide support for any third-party software, including software installed as part of any promotion, unless explicitly stated in this document.
MULTI-DOMAIN PACKAGES
Multi-Domain packages (i.e. Any package that provides functionality to host more than one website including Professional and Business packages, but excluding any Reseller packages) are for the Customer's own use only. The individual domains and/or their associated login and password details may not be sold on, or passed on to a third party in any form. Multi-Domain packages will include one Urchin Statisics licence only, and statistics for the extra domains may therefore not be viewable. The Company only guarantees full statistical analysis to be possible on the Primary Domain (that domain with which the account was created).
SERVER USE
The Company's web hosting accounts are to be used by the Customer only. Web hosting account holders are not permitted to resell, store or give away the web hosting services of their web site to other parties (except in the case of resold packages under a Reseller account). Web hosting services are defined as allowing a separate third party to host content on the Customer's web site. (Exceptions to this include advertisements and banners). The Company reserves the right to refuse service and/or access to its servers to anybody at any time.
SSL CERTIFICATES
Once ordered, SSL Certificates are non refundable under any circumstance.
In addition you agree to the terms and conditions provided at the links below:
For GeoTrust SSL Certificates click here.
For RapidSSL Certificates please download the relevant document from this page.
ACCEPTABLE USE POLICY
Acceptable Use Policy below defines the actions which the Company considers to be abusive, and thus, strictly prohibited. The examples named are non-exclusive, and are provided solely for guidance to the Customer. If you are unsure whether any contemplated use or action is permitted, please e-mail abuse@nativespace.com for clarification. Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company. In the case of the Company's servers being used for what the Company believe to be unacceptable usage, the Company will not refund any monies paid and will consider bill the Customer a discretionary service charge for suspension of the account. The content contained with the website of the Customer is entirely the responsibility of the Customer, including in the case of site compromise.
- Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any International, National or Local law or regulation. The Company reserves the right to delete any files that infringe copyright without warning.
- Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of the Company.
- Racist/Provocative Material - The designation is left entirely to the discretion of the Company
- Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing etc. and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
- Fraud - any site that attempts to defraud members of the public in any way (for example 'phishing' sites)
HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or disk space and/or processor utilisation. The Company may implement the following policy at its sole discretion: When a web site is found to be monopolising the resources available, 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. The Company also reserves the right to flush backup files from the server that are more than 60 days old.
UPTIME GUARANTEE
The 99.9% uptime guarantee does not cover that time for which scheduled maintenance is carried out (for example kernel upgrades, hardware upgrades, emergency work or OS reloads). Should the customer receive less than the company's guaranteed level of uptime due to non-scheduled downtime, the company shall, upon request, credit an amount equal to 50% of that particular months hosting fee to the Customer's account.
MONEY BACK GUARANTEE
In the event of the Customer not being satisfied with any aspect of our service or product, the Customer may cancel their account at any point during the first 14 days and apply for a refund of monies paid. The request for the refund must be made directly to the Company within this time period. Refunds never apply to Dedicated Servers, Domain Name Registrations, Search Engine Submission Services, Software Development/Installation Work or SSL Certificates, and are only made provided the Customer has not breached any of our Terms and Conditions herein, and the application is received at our Head Office on or by the 14th day after account activation.
SEARCH ENGINE SUBMISSION
Should a Customer purchase the Company's "Search Engine Submission" service(s), the Customer will be required to complete a form by Email with all the necessary information requested by the Company deemed to be necessary to complete the request, and the Company shall then proceed with submission within 14 days of receiving that information. No guarantees are provided by the Company regarding the result of submitting to the various engines. The Company is not responsible for any problems that may arise as a result of using this service. The service does not cover those search engines and directories for which payment is required to list a website. The choice of search engines and directories is entirely at the discretion of the Company, and the amount of Search Engines submitted to is again at the discretion of the Company.
INDEMNIFICATION
The hosting Customer agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against the Company, its agents, its Customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed, including hosting and domain registration. The hosting Customer also agrees to defend, indemnify and hold harmless the Company against all liabilities including those that arise out of:
1) any injury to person or property caused by any products sold or otherwise distributed in connection with the Company's server
2) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party, or any material that contravenes the Acceptably Use Policy outlined in this document.
3) copyright infringement
4) any defective products sold to Customer from the Company's server.
5) any Domain Names that expire without the Customer's knowledge due to non-renewal.
6) any Domain Name that fails to transfer across from another registrar. The Customer understands fully that the Company may not notify the Customer in the case of any Domain Name Transfer that fails - it is the responsibility of the Customer to ensure a Domain Transfer has completed successfully. Payment of any domain transfer fee does not in any way guarantee that the domain will successfully be transferred to the Company. In any case where a transfer fails, the Customer can request a refund of the transfer fee in full by opening a support request at support.nativespace.com. The Customer will not rely on billing data, future invoices raised against said Domain Name (including invoices raised in error), and other account information in order to determine the successful transfer of a Domain Name, but will use the relevant WHOIS registry information to verify transfer completion at regular intervals after ordering a Domain Transfer from the Company.
The Customer agrees that nativespace will not be liable for: any suspension or loss of the domain name registration in the Customer's name, use of the Customer's domain name registration by the Customer or others, whether or not authorized by the Customer. In no event shall the Company's maximum aggregate liability exceed the total amount paid by the Customer for registration or transfer of a domain name.
DISCLAIMER
The Company will not be responsible for any damages to the Customer's business or for other financial losses resulting from services provided by the Company. The Company makes no warranties of any kind, expressed or implied for services provided. The Company disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of business or data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by the Company and its employees for whatever reason. The Company's financial liability is restricted to the price paid for the service provided. The Company reserves the right to revise its policies at any time, and to revise these terms and conditions at any time without notice.
BILLING DATA
The Customer is responsible for keeping his billing data with the Company up-to-date and accurate through the 'Billing' system accessible via the nativespace website at http://my.nativespace.co.uk. Furnishing incomplete information will result in an E-Mailed request for completion, and failure to comply with the request will result in account suspension until completion. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
SUPPORT POLICY
The Company shall endeavour to respond to all support requests within 1 business hour via the support system at http://my.nativespace.co.uk/support and all sales/non-technical requests within 3 business hours. The Customer agrees to be co-operative to the Company's requests within any support correspondance, and the Customer also agrees to not unreasonably delay/prolong the resolution of an issue when the Company has made what is considered to be by the Company every reasonable attempt to achieve a resolution. The Customer also agrees to not abuse the support staff (the definition of 'abuse' is determined by the Company).
PAYMENTS
The customer is responsible for paying all his invoices and charges in relation to services rendered. The Company will normally bill the Customer 3 days prior to renewal. Failure to settle accounts will mean account suspension, and a reactivation administration charge may be made which if not paid, will again result in account suspension no less than 10 days after the invoice is issued. Any account which remains unpaid will be terminated not less than 30 days after the final notice has been E-Mailed to the customer, and no further notice of termination will be sent. With respect to non WorldPay payments, the Customer understands that the Company will advise of the amount to be paid and the dates on which payment is due. The Customer understands that the authority in favour of the Company will remain in force until such a time as the Customer cancels it in writing to the Company. No Refunds are payable by the Company under any circumstance unless explicitly stated otherwise in this document. Loss of Customer's data will occur on termination, for which the Company is not liable. The Company reserves the right to offset any outstanding arrears with any additional accounts the customer may hold. No credits or refunds are generated as a result of a package downgrade or change in billing cycle. In the case of WorldPay FuturePay agreements created prior to 27th January 2008 that have a fixed monthly payment date,and are not of the FuturePay 'Limited Agreement' type, it is the responsibility of the Customer to ensure the payment date is no more than 5 days of the invoice date. Should this not be the case, the Customer will be responsible for contacting the Company to modify renewal dates to ensure the payment falls within the 5 day period after the invoice is issued. The Company will use the FuturePay agreement on record to take payments for any invoices raised thereafter. The Customer is respobsible for ensure the FuturePay agreement is associated with the credit/debit card they intend the payments to be charged to. The Company will not be responsible for refunding payments to credit/debit cards used knowingly by person(s) known to the Customer to make payments on a temporary basis to us for services rendered and the Customer will make good any moneys paid directly with the 3rd party concerned.
BANDWIDTH CHARGE
The Company charges £0.001p for each Mb (£1 per Gb) of bandwidth used above the allowance for a specific package. Warnings are sent out beginning at the point at which a customers bandwidth reaches 80% of their allowance, and thereafter. The Customer account may be suspended once the bandwidth usage reaches or exceeds the allocated amount at the Company's discretion.
SECURITY
Customers may not use the Company's services as to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation's security policy. The Customer is obliged to ensure any software or scripts installed on their hosting space is secure and proactively updated to be reliable, and is not liable to cause any security-related problem to the server or other users on the server (This includes installation of scripts via auto-installers provided by the Company). Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding. Mail bombing, or other deliberate attempts to overload or crash a host or network. The Company will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate systems or network security may incur criminal or civil liability. E-mail and other types of Internet-based message distribution. The Company has zero tolerance for Unsolicited Commercial Email (UCE) that is in any way associated with the Company, its clients, or any of its client's associates. Customers are prohibited in anyway whatsoever from using UCE as a means of advertising data or services to distribute such materials. Infringements of this policy can result in any one of the following:
- A warning from the Company, via E-mail or phone.
- Removal of DNS for the advertised / originating site.
- Temporary shutdown of the server or a block on outgoing mail.
- Permanent disconnection of service.
Infringements of this policy include, but are not limited to:
- Sending mail to users who have not specifically requested to receive such mail, including opt-out mailing lists.
- Sending, being involved in sending, or employing a third party to send mail which advertises or mentions a site hosted at the Company to users that have not specifically requested this mail.
- Forging of message headers to mask the originator of the message.
- You will be held responsible for the actions of your clients in this matter, so it would be best for you to implement a similar or stricter policy. Please review the information at http://spam.abuse.net for more information on what constitutes UCE, or 'Spam.'
- Harassment, whether through language, frequency, or size of messages, is prohibited.
All servers are proactively and routinely patched and optimised. As part of this process, any insecure scripts that may be running on any sites hosted with us may no longer function and it is the responsibility of the Customer to ensure that all scripts are secure and will not put the services of any customer at risk. The Company take no responsibility for any problem caused to insecure code/scripts as part of the security update. On occasion, the Company may recommend that the Customer apply 'patches' or other code changes to the files on their hosting space in order to ensure the stable running of the server. This is a recommendation and any changes are made entirely at the Customer's risk, with all terms of indeminification applying as listed elsewhere in this document, however any resultant downtime caused to the Customer as the result of not applying a patch will not be considered unscheduled downtime.
BACKUP POLICY
The Company makes daily backups to secondary local hard disk, however the Customer is responsible for backing up data remotely, and the Company can in no way be held liable for any loss of data for whatever reason.
TERMINATION
The Company reserves the right to withdraw services at any time. If termination is caused by the Customer’s violation of these terms, then services paid for in advance shall be refunded only at the absolute discretion of the company. In the event of Customers having paid annually in advance, the calculation of any refund is subject to a base calculation of the fee paid, less the monthly charge rate in place when service commenced multiplied by the number of months the Customer has received service, rounded up to the next whole month. If any refunds are due these will be made by the company within 30 days of receipt of cancellation. Setup fees, SSL Certificate fees, Dedicated Servers and domain registration fees are not refundable. If the Customer decides to cancel their account, notice must be given to the Company of the cancellation request, including username and password either in writing to the head office, or by means of ticket submission via the support desk at http://support.nativespace.com at least 14 days prior to the renewal date for that package, in the case of shared hosting packages. (Cancellation requests cannot be accepted by Email for security reasons) . The minimum term for Dedicated Server packages is 3 months, with a 30 day cancellation notice period. Should any Dedicated Server be cancelled within the first 3 months, an invoice will be raised for the remainder of this period. Any outstanding invoices for any package must be paid before the account will be cancelled by the Company.
DOMAIN NAME REGISTRATIONS
1) The Company will consider all requests for domain name registration and accept or reject them in accordance with guidelines set by the relevant naming authorities.
In addition to our terms and conditions as set out here, you must also
agree to be bound by the terms and conditions of the registries we use
to secure your domain name,
specifically:
For .uk domains - when you register a .uk domain name you are also entering into a contract with Nominet and you agree to their terms and conditions (Click Here to View Nominet UK terms and conditions).
For .com/net/org/biz/info domains, click here: INWW terms and conditions.
For .xx.com/.xx.net CentralNic second level domains, click here: CentralNic terms and conditions.
For .eu domains, download related documentation from here: EurID Document Downloads.
You also agree that any dispute arising from your domain registration will be bound by the appropriate dispute resolution policy, specifically:
For .uk domains, click here: Nominet Dispute Resolution Service
For .com/net/org/biz/info domains, click here: ICANN Uniform Domain-Name Dispute-Resolution Policy.
For .eu domains,click here: EurID Dispute Resolution Information .
In addition, you agree to indemnify us for all costs resulting from any such dispute. The contract for registration and transfer of domain names is between the Customer and the appropriate naming authority above, and the Company acts as an agent for the Customer.
2) Upon acceptance of registration requests, the Company will submit names for registration and make full registration upon receipt of payment.
3) Once a domain name has been registered, no refunds will be made by the Company.
4) The Company reserve the right to halt the registration or transfer/release of a domain name if outstanding monies are owed to them by the Registrant, for any reason.
5) The Company processes domain registration requests on a first come, first served basis. Until the Registrant receives confirmation of registration from the Company, there is no guarantee that the domain name requested has been registered.
6) The Company may cancel or halt domain name registrations at its discretion if it feels that completion of the registration will compromise the Company's interests, or for other relevant reasons. In such an event, the Registrant will be notified by the Company of its reasons.
7) The Company does not accept any responsibility for the use of registered domain names, including where there may be conflict over rights to ownership. The Registrant agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against the Company, its agents, its Customers, officers and employees, that may arise or result from a domain registration provided or performed or agreed to be performed on behalf of the Registrant
8) The Registrant agrees that all details submitted in respect of a domain name registration are true and correct, and holds the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against the Company, its agents, its Customers, officers and employees, that may arise or result from such false or incorrect details so submitted. The Customer understands that contact information submitted with respect to domain registration may be visible on the internet (e.g. under a 'whois' search).
9) In the event of a domain registration or other dispute, the Registrant must be able to demonstrate that the registration of a domain name and the way in which it is used (directly or indirectly) does not infringe the legal rights of any third party.
10) The Registrant indemnifies the Company from any legal proceedings and costs that arise as a result of the registration/non-registration of a domain name.A registration can only be deemed to be successful once shown under a WHOIS lookup using the system provided by the relevant naming authority, and not at any time before.
11) Data submitted by the Registrant pertaining to the registration of a domain name will not be made available to other organisations and members of the public, apart from that made public by the relevant naming authority.
12) The Company reserves the right to make alterations to the terms and conditions of domain name registration at any time.
13) Transfers and renewals of domain names will be made under the Company terms and conditions of domain name registration in force at the time of transfers or renewals. The Company does not automatically notify the Customer should a transfer fail, and it is the responsibility of the Customer to ensure the transfer has completed by contacting the releasing registrar 7 days after the transfer application was made.
14) These terms and conditions constitute the entire agreement between the Company and the Registrant of the domain name. These terms and conditions depose all prior agreements whether verbal or written.
15) Should the Company cease trading, domain renewals must be carried out through the relevant naming authority and all active services must be transferred to a new provider. The Company warrants that it will provide reasonable access to the Customer for the purposes of web site data retrieval, for a reasonable period after cessation of trade, such period being notified to the Customer by e-mail at or about the time of cessation.
16) Renewal of domains is the responsibility Customer. The Company endeavours to send out reminders that a domain name is about to expire, but can not guarantee the delivery of such Emails. As such the Customer should be aware of all expiry dates for their domains, and remember to renew them prior to expiry. The Company can not be held responsible for the expiration of any domain name.
HEAD OFFICE ADDRESS
nativespace, PO Box 300, Hebden Bridge, West Yorkshire, HX7 8XZ
nativespace is a trading name of Native Logic Limited
Native Logic Limited is a registered company in England and Wales (Company No. 03985660)
VAT Reg. No. 892 5114 15
CHANGE OF TERMS
The company reserve the right to update these Terms & Conditions at any time and without notification - for this reason please review our current Terms & Conditions of use from time to time.
These Terms and Conditions do not affect your statutory rights as a consumer.
Get in touch
If you would like to know more about nativespace or want to find out how we could help your business please get in touch.
head office
nativespace
PO Box 300
Hebden Bridge
West Yorkshire
HX7 8XZ
nativespace is a trading name of Native Logic Limited.
Native Logic Limited is a registered company in England and Wales (Company No. 03985660).
VAT Reg. No. 892 5114 15
