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Terms of Service & Acceptable Use Policy

Definitions & Pre-Amble
1. "We" includes Pathfinder Hosting
2. "You" includes the person purchasing the services or any party acting on the customer's instructions.
3. "Server" means the computer server equipment operated by us in connection with the provision of the Services.
4. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet.
5. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
6. This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.
7. Any notice to be given by either party to the other may be sent by email, fax or recorded delivery to the address of the other party.
  Notice 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 two days following the date of posting.
8. This agreement supersedes any others issued by Pathfinder Hosting. Subsequent changes will be announced via our client emailing list.
Domain Name Registration (Existing Registrations Only)
1. We make no representation that the domain name you wish to register is capable of being registered by or for you therefore you should not assume registration of your requested domain name until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
2. The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them.
3. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable.
4. We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute.
5. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
6. We shall not release any domain to another provider unless full payment for that domain has been received by us.
Web Site Hosting And Email
1. 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. Accordingly, you are strongly advised to make regular backups of your website. If we are required to access our server backups, we reserve the right to charge a £10 fee.
3. 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 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.
4. You will not post, link to or otherwise affiliate with any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way, any material containing a virus or other hostile computer program, any material which constitutes, or encourages the commission of, a criminal offence or which infringes any copyright or any other intellectual property right or similar.
5. 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.
6. 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 including:-
  - The adherence to our banned scripts policy.
  - Taking reasonable measures to prevent and undertaking not to transmit any unsolicited email (Spam). You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner.
  - From time to time it may be necessary to require customers to upgrade their accounts if processor, disk, transfer or other resources are used excessively.
7. 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.
Service Availability
1. We endeavour to make available to you at all times the Server and the Services but we cannot, in any event, be liable for interruptions of Service or down-time of the Server.
2. We have the right to suspend the Services at any time and for any reason without notice. This includes accounts using or abusing server resources excessively.
Payment
1. We accept payments via our credit card processor, WorldPay. Cheques in Sterling from a UK bank are also acceptable, as are Postal Orders. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £15.
2. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published on our web site and shall be due and payable in advance of service provision.
3. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
4. All payments must be made in UK Pounds Sterling.
Indemnity
1. You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
Termination
1. If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
2. If you break any of these terms and conditions and you fail to correct the breach within seven (7) days following notice from us specifying the breach, we may terminate this Agreement forthwith upon written notice.
3. On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.
4. We reserve the right to suspend and/or terminate your account at our discretion if found to be in violation of this agreement.
5. Refunds are normally granted when a customer cancels within 7 days following their initial order. Cancellations outside of this period are ineligable for refunds. As a policy, we do not offer credits or refunds for hosting time already expended, however at our discretion we may refund pro-rata the full months remaining on prepaid annual accounts.
Limitation Of Liability
1. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
2. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services that are the subject of any such claim.
3. In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
4. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.