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Terms & Conditions
Gemini Digital Ltd T/A Gemini Web Hosting Terms and Conditions
You
indicate acceptance of these terms and conditions of service by placing an order
with Gemini Digital LTD t/a Gemini web hosting and Gemini 1 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 "Gemini 1 Hosting" and "Gemini Web Hosting"
means Gemini Digital LTD and includes hosting sub contractors and partners
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 Gemini 1 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 Gemini 1 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.Gemini1Hosting.com
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 Gemini 1 Hosting
with data that will be hosted on Gemini 1 Hosting and made accessible via the Internet.
2.2
Gemini 1 Hosting provides web hosting services and has agreed to host the Customer's
data upon the following terms and conditions.
3 DUTIES
3.1 Gemini Web 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 Gemini 1 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 Gemini 1 Hosting ("the Customer Software), in a format
specified by Gemini 1 Hosting.
4 CHARGES ,PAYMENT AND MONEY-BACK GUARANTEE
4.1 Payment
methods include credit cards (including MasterCard and Visa), debit cards (including
Switch/Maestro), PayPal and direct debits
4.2 Gemini 1 Hosting do accept cheques,
bank transfers, postal orders,
4.3 The Charges are exclusive of VAT if charged, which
if payable shall be paid by the Customer.
4.4 Gemini 1 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 Gemini 1 Hosting do not provide credit facilities.
4.6 From
time to time Gemini 1 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 Gemini 1 Hosting provide "Money-Back Guarantees" on certain products. Should
your product qualify for this guarantee please raise a support ticket at http://customer.gemini1hosting.com/manage/
within 30 days of placing your order for a full refund. This guarantee excludes domain
names and activated web hosting or allocated hosting if awaiting a domain name transfer
from the client. which may not be cancelled once ordered. Customers are limited to
using the money-back guarantee once.
4.8 Pro-rata refunds will not be issued for yearly
services that are cancelled before then end of the year.
4.9 Should your chosen payment
method fail Gemini 1 Hosting will attempt to settle your invoice using any other
payment facilities available on your account.
4.10 All services will renew until cancelled
by the customer. Gemini 1 Hosting emails the customers primary email address prior
to renewal of services, it is the customers responsibility to cancel services prior
to renewal as no refund can be made once renewal has occurred. Customers must notify
us at least 72 hours before a service is renewed if they wish to cancel that service.
The cancellation process must be fully completed by you before your account is cancelled.
5
IP ADDRESSES
5.1 Gemini 1 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 Gemini
1 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 Gemini 1 Hosting ("Heart Internet's
software") in order to use the Services, Gemini 1 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 Gemini 1 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 Gemini 1 Hosting Software.
6.2
In relation to Gemini 1 Hosting obligations under this Agreement in connection with
the provision of the Services, the Customer grants to Gemini 1 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 Gemini 1 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 Gemini
1 Hosting Software.
6.4 Gemini 1 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, Gemini
1 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
Gemini 1 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, Gemini 1 Hosting makes no warranties
or representations that the Service will be uninterrupted or error-free and Gemini
1 Hosting shall not, in any event, be liable for interruptions of Service or downtime
of the server.
7.2 Gemini 1 Hosting carries out data backups for use by Gemini 1 Hosting
in the event of systems failure. Gemini 1 Hosting do not provide data restoration
facilities for individual customers. Even though every effort is made to ensure data
is backed up correctly Gemini 1 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 Gemini 1 Hosting 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
The customer will not host a file sharing website. This includes but not limited
to photos, music, videos, games.
8.2 The Customer has full responsibility for the
content of the Website. For the avoidance of doubt, Gemini 1 Hosting 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 Gemini shall be entitled to withdraw the Services
and terminate the Customer's account without notice.
8.4 The customer will not sell,
rent, lease, donate, loan, or share their web space, sub domains or any feature of
our hosting account with any other party whatsoever.
8.5 You may not use the webspace purely for file storage. Your website should be active. Any accounts using our webspace purely for file or data storage will be deleted without notice and no refund will be made.
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 Gemini 1 Hosting and the password will be changed.
10 WARRANTIES
10.1
The Customer warrants and represents to Gemini 1 Hosting that Gemini 1 Hosting 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 Gemini 1 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, Gemini
1 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
Gemini 1 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 Gemini 1 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 Gemini 1 Hosting liability for death or personal injury resulting
from Gemini 1 Hosting negligence or that of its employees, agents or sub-contractors.
12.2
The entire liability of Gemini 1 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 Gemini 1 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 Gemini 1 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 Gemini Web 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 Gemini 1
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 Gemini
1 Hosting 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 Heart Internet 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
Gemini 1 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 host file distribution (including but not limited to music, video and
software) are limited to a maximum data transfer of 25 GB per month for file distribution,
this includes "unlimited" accounts. Accounts exceeding this amount will be terminated.
23.3
Web hosting accounts are prohibited from hosting adult content orientated websites,
hosting banners, graphics or cgi scripts for other websites, storing pages, files
or data as a repository for other websites or personal computers, giving away web
space under a domain, sub domain or directory.
24 SERVER USAGE
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 customers 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
Gemini Web 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.
27 WEBSPACE USAGE
Unlimited
web space is available for genuine web site content, content must be linked into
web pages. Customers are prohibited from using the server as a file/backup repository.
Customers are expected to employ good house keeping when maintaining their account.
28
MAIL BOXES
Mail boxes not accessed for 100 days or more will be deleted from the system.
29
DEACTIVATED ACCOUNTS
When a web hosting account is deactivated, you agree that after
45 days this account may be deleted from the system without notice.