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Terms and Conditions
You indicate acceptance
of these terms and
conditions of service by
placing an order with
Oden Hosting. These
terms and conditions
will not be varied for
individual customers.
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 "Oden
Hosting" means Oden
Partnership Ltd
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
Oden 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
Oden 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
www.odenhosting.co.uk.
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 Customer
wishes to provide
Oden Hosting with
data that will be hosted
on Oden Hosting's
servers and made
accessible via the
Internet.
2.2
Oden Hosting provides web
hosting services and has
agreed to host the
Customer's data upon the
following terms and
conditions.
3 DUTIES
3.1
Oden Hosting shall provide to
the Customer the
Services specified in
their order subject to
the following terms and
conditions.
3.2 The Customer
shall deliver to
Oden Hosting the
Website and the software
used in the Website
which is owned by the
Customer, or licensed to
him by a third party or
Oden Hosting ("the
Customer Software), in a
format specified by
Oden Hosting.
4 CHARGES,
PAYMENT AND MONEY BACK
GUARANTEE
4.1 Payment
methods include Paypal, credit
cards (including
MasterCard, Visa,
American Express), debit
cards (including
Switch/Maestro)
4.2
Oden 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 Customer.
4.4
Oden 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 when payment
becomes due from day to
day until the date of
payment at a rate of 8%
per annum above the base
rate of the Bank of
England from time to
time in force.
4.5
Oden Hosting do not provide
credit facilities.
4.6 From time to
time Oden Hosting may
make enquiries on the
Customers company,
proprietor or directors
of the Customers company
with credit reference
agencies. These agencies
may record that a search
has been made and share
this information with
other businesses.
4.7
Oden Hosting "Money Back
Guarantees" on certain
products. Should your
product qualify for this
guarantee please raise a
support ticket at Oden
Hosting
within 30 days of
placing your order for a
full refund. This
guarantee excludes
domain names which may
not be cancelled once
ordered.
4.8 Pro-rata
refunds will not be
issued for yearly
services that are
cancelled before the end
of the year, after the
30 day money back
guarantee period has
passed.
5 IP ADDRESSES
5.1
Oden Hosting shall maintain
control and ownership of
the IP address that is
assigned to the Customer
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
Oden Hosting changes
or removes any IP
address it shall use its
reasonable endeavours to
avoid any disruption to
the Customer.
6 SOFTWARE
LICENCE AND RIGHTS
6.1 If the
Customer requires use of
software owned by or
licensed to Oden Hosting ("Oden
Hosting's software") in
order to use the
Services, Oden Hosting grants to the
Customer and its
employees, agents and
third party consultants
and contractors, a
royalty-free,
world-wide,
non-transferable,
non-exclusive licence to
use Oden Hosting
Software in object code
form only, in accordance
with the terms of this
Agreement. For the
avoidance of doubt, this
Agreement does not
transfer or grant to the
Customer any right,
title, interest or
intellectual property
rights in Oden Hosting Software.
6.2 In relation
to Oden Hosting's
obligations under this
Agreement in connection
with the provision of
the Services, the
Customer grants to Oden
Hosting a
royalty-free,
world-wide,
non-exclusive licence to
use the Customer
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 Oden Hosting any right, title,
interest or intellectual
property rights in the
Customer Software or the
Content.
6.3 The Customer
undertakes that he will
not himself or through
any third party, sell,
lease, license or
sublicense Oden Hosting Software.
6.4
Oden Hosting may make such
copies of the Customer
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, Oden Hosting shall destroy all
such copies of the
Content and other
materials provided by
the Customer as and when
requested by the
Customer.
7 SERVICE
LEVELS AND DATA BACKUP
7.1
Oden Hosting shall use its
reasonable endeavours to
make the server and the
Services available to
the Customer 100% of the
time but because the
Services are provided by
means of computer and
telecommunications
systems, Oden Hosting
makes no warranties or
representations that the
Service will be
uninterrupted or
error-free and Oden
Hosting shall not, in any
event, be liable for
interruptions of Service
or downtime of the
server.
7.2
Oden Hosting carries out data
backups for use by
Oden Hosting in the
event of systems
failure. Oden Hosting do
not provide data
restoration facilities
for individual
customers. Even though
every effort is made to
ensure data is backed up
correctly Oden 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
Customer may not submit,
publish or display any
content that breaches
any law, statute or
regulation. In
particular the Customer
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
Customer 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
Internet Runner'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.
8.1.9 facilitate the
downloading of any
illegal or copyright
material, be it video,
audio or other. Please
request permission by
sending details of your
intended download
material to support@odenhosting.co.uk
for approval and
compliance checks before
uploading. This will
avoid unnecessary
actions against your
account.
8.2 The Customer
has full responsibility
for the content of the
Website. For the
avoidance of doubt,
Internet Runner 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
Customer fails to comply
with the Acceptable Use
Policy outlined in
Clause 8.1 Oden Hosting may cancel the
Services and terminate
(DELETE) the Customer's
account WITHOUT NOTICE.
9 ALTERATIONS
AND UPDATES
All
alterations and updates
to the Website shall be
made by the Customer
using the online account
management facility, FTP
access or SSH access
where available. The
Customer will be issued
with a user name and
password in order to
access the account. The
Customer must take all
reasonable steps to
maintain the
confidentiality of this
user name and password.
If the Customer
reasonably believes that
this information has
become known to any
unauthorised person, the
Customer agrees to
immediately inform
Oden Hosting and the
password will be
changed.
9.1
Changes to a current
domain name (URL) which
is being hosted by
Oden Hosting on a
current live account,
will levy a £3.50 ($5)
administration fee to
facilitate the removal
and re-activation of the
new account.
10 WARRANTIES
10.1 The Customer
warrants and represents
to Oden Hosting that
Oden Hosting's use of
the Content or the
Customer Software in
accordance with this
Agreement will not
infringe the
intellectual property
rights of any third
party and that the
Customer has the
authority to license the
Content and the Customer
Software to Oden 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,
Oden Hosting shall
not be liable to the
Customer as a result of
any viruses introduced
or passed on to the
Customer.
11 INDEMNITY
The Customer
agrees to indemnify and
hold Oden 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 Oden
Hosting arising out of
any breach by the
Customer 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 Oden Hosting's liability for
death or personal injury
resulting from Oden
Hosting's negligence or
that of its employees,
agents or
sub-contractors.
12.2 The entire
liability of Oden
Hosting to the Customer
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 Oden Hosting be
liable to the Customer
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 Oden Hosting had
been made aware of the
possibility of the
Customer 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
Oden Hosting shall have the
right to terminate this
Agreement with immediate
effect by notice in
writing to the Customer
if the Customer 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
customers account will
be deleted.
14 ASSIGNMENT
14.1
Oden Hosting may assign or
otherwise transfer this
Agreement at any time.
14.2 The Customer
may not assign or
otherwise transfer this
Agreement or any part of
it without Oden Hosting's prior written
consent.
15 FORCE MAJEURE
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
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
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 and 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
Oden 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.
21 SCRIPTING
Oden Hosting are not
responsible for customer
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
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 that are
prohibited from hosting
file distribution
websites, adult content
orientated websites,
hosting banners,
graphics or cgi scripts
for other websites,
storing pages, files or
data as a repository for
other websites,
reselling or giving away
web space under a
domain, sub domain or
directory.
24 SERVER USUAGE
Should your account use
more than 5% of the
servers processing power
and as a result have a
detrimental effect on
other customers we will
discuss with you
alternative solutions
for your hosting
requirements.
25 AFFILIATE
PROGRAMME
Commission earned via
the affiliate programme
will only be paid by
using a valid direct
debit/credit mandate on
your account. It is the
customer’s
responsibility to ensure
they have this facility.
In the event of the
customer not being able
to obtain this facility
then no commission will
be paid.
26 EMAIL
NEWSLETTER
Oden Hosting
communicates with it's
customers via email and
as such you agree to
receive by email our
regular newsletter which
contains amongst other
things changes to our
terms and conditions,
notification of major
outages, updates to our
products & features and
special offers
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