Where the context admits: "We" or "us" includes "Caryford Computer Services", our Providers or any party acting on Caryford Computer Services implicit instructions. "You" or "your" includes the person(s) purchasing the services or any party acting on the customer's instructions. "The Registrant" includes the person(s) (or company) applying for a domain name or any party acting on the Registrant's instructions. "The Registry" the relevant domain names Registry. "Server" means the computer server(s) equipment operated by Caryford Computer Services or our Providers in connection with the provision of the Services. "Web site" means the area (and associated resources) on the Server allocated by us to you for use by you to host site(s) on the Internet. "Network" means the computer equipment owned and operated by us. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:

1. Domain Name Registration
   • 1.1. Caryford Computer Services do not offer Domain Name Registration Services at this time. At your request, we can manage a third-party domain registry account (e.g. 123-reg or GoDaddy) on your behalf for a monthly fee.
2. Web Site Hosting, Database and E-mail
   • 2.1. Caryford Computer Services provides World Wide Web page hosting service. Caryford Computer Services reserves the exclusive right to suspend or cancel a customer's access to any or all services provided by Caryford Computer Services when Caryford Computer Services decides that the account has been inappropriately used or otherwise.
   • 2.2. Caryford Computer Services makes no representation and gives no warranty as to the accuracy or quality of information received by any person via the Servers and we shall have no liability for any loss or damage to any data stored on Servers under our control.
   • 2.3. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
   • 2.4. You represent, undertake and warrant to Caryford Computer Services that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:
     • 2.4.1. You will not use the Servers 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.
     • 2.4.2. You will not upload, post, link to or transmit:
       • 2.4.2.1. Any material which is unlawful, threatening, abusive, racist, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable (as deemed by Caryford Computer Services) in any way.
       • 2.4.2.2. Any material which is or contains a virus or other hostile computer program (e.g. malware or trojan horse). This includes software whose primary purpose is to gain access to third party hardware/software without permission.
       • 2.4.2.3. Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
       • 2.4.2.4. Any file (regardless of the platform or operating system it is developed for) that you do not own the copyright to in the first person, including but not limited to; music files (all formats/extensions) video files (all formats/extensions), games (including mods, patches, and add-ons), software (including operating systems), and shareware..
       • 2.4.2.5. Any illegal material which includes - but is not limited to - copyrighted works, commercial audio samples, commercial video, or music files, and any material in violation of any Federal, State, National or Local regulation. If you are unsure as to whether your material is illegal, please contact us prior to uploading.
       • 2.4.2.6. Any adult material which includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Caryford Computer Services. If you are unsure as to whether your material is "adult", please contact us prior to uploading.
       • 2.4.2.7. "Warez" which includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing etc., and encrypting of any of the above. This also includes any sites which provide 'links to' or 'how to' information about such material or how to obtain it.
       • 2.4.2.8. Any material which is forbidden by our Acceptable Use Policy.
   • 2.5. You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
   • 2.6. Any file you store on the Servers will be reachable via a hyperlink from a page on your site.
   • 2.7. 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.
   • 2.8. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Servers which is detrimental to our other customers.
   • 2.9. You shall procure that all e-mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
   • 2.10. You shall ensure that all web applications and scripts that you run on our servers that send email are adequately protected from malicious abuse, both from web site visitors, remote submission, and automated spam programs.
   • 2.11. In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
   • 2.12. Any access to other networks connected to Caryford Computer Services and our agents must comply with the rules appropriate for those other networks.
   • 2.13. While we will use every reasonable endeavour to ensure the integrity and security of the Servers, we do not guarantee that the Servers 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.
   • 2.14. Caryford Computer Services reserves the right to delete any file on our network where we believe that said file or files are not permitted under these Terms and Conditions.
   • 2.15. Although we do make regular daily backups of all our servers, we do not guarantee the integrity of our backups or that we will be able to recover all or any files, databases, and email. We strongly recommend that you have an independent backup of all data stored on our network in the event we are unable to recover your data after a data loss.
   • 2.16. FEES FOR SSL CERTIFICATES ARE NON-REFUNDABLE, ONCE THE SSL CERTIFICATE HAS BEEN ISSUED.
   • 2.17. Caryford Computer Services reserves the right to remove/add/amend features from/to any of the hosting plans advertised on this web site without notice. Any increases or decreases in price based on changes implemented will be communicated to all active customers.
3. E-mail
   • 3.1. You will not use our network to send or transmit, or use the services of another company, for email forbidden in these Terms and Conditions, or under our Acceptable Use Policy or Anti-SPAM Policy. YOU WILL BE A CHARGED A 'CLEAN UP' FEE OF £600 PLUS AN ADDITIONAL £60 PER HOUR ADMINISTRATIVE CHARGES FOR ACCOUNTS TERMINATED OR SUSPENDED UNDER THE ANTI-SPAM POLICY.
   • 3.2. You will keep mailbox password confidential, and to change passwords on a regular basis. Caryford Computer Services is not responsible for any data losses, abuse, identity fraud/impersonation or security issues due to stolen passwords.
   • 3.3. We monitor the mail servers as a whole but not individual mailboxes.
   • 3.4. We run anti-SPAM software on our email servers. You can determine the levels of SPAM protection, and actions to be taken when SPAM is detected from within the webmail account for the mailbox.
   • 3.5. By default all mailboxes have Greylisting enabled to prevent SPAM. This can be disabled from within the webmail account for the mailbox.
   • 3.6. We run anti-SPAM software on outbound email from all mailboxes. Caryford Computer Services reserves the right to mark and/or delete any messages determined to be SPAM.
   • 3.7. We run anti-virus software on all email which passes through our mail servers. Caryford Computer Services reserves the right to delete any email which is flagged by the anti-viruses software as being infected or containing one or more virus signatures.
   • 3.8. You will scan your incoming email to and from your systems for viruses. We do scan your email for viruses, but we cannot guarantee that your email will be virus free and shall not be held liable in the event any of your systems become infected with a virus as a result of using our services.
   • 3.9. Caryford Computer Services policy on maintaining stable data-transfer levels includes a deletion process for email that has not been downloaded locally within 180 days of receipt, 30 days for items placed in the webmail deleted and junk mail folders. Caryford Computer Services cannot be held responsible for lost items that have exceeded these limits.
   • 3.10. If we identify a mailbox or domain that is causing problems, we will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, we will disable email or suspend all services to the domain as appropriate. Common issues that cause problems are:
     • 3.10.1. Where a mailbox receives large volumes of undeliverable email.
     • 3.10.2. Where mailboxes have forwarders set to other mailboxes where mail cannot be delivered.
     • 3.10.3. Where mailboxes have forwarders and/or auto-responders that generate circular mail loops.
   • 3.11. You represent, undertake and warrant to Caryford Computer Services that you will use the email services for lawful purposes. In particular, you represent, warrant and undertake to us that:
     • 3.11.1. You shall not send messages or communications, which are unsolicited, offensive, abusive, indecent or obscene.
     • 3.11.2. You shall not send messages causing annoyance, inconvenience or anxiety to another user of the Internet.
     • 3.11.3. You shall not send messages for the purpose of fraud and/or with the intention of committing a criminal offence.
   • 3.12. Caryford Computer Services reserves the right to terminate or suspend services and accounts where:
     • 3.12.1. A significant volume of email is sent from a domain in a defined timescale.
     • 3.12.2. Use of the Caryford Computer Services email services is forbidden by our Anti-SPAM Policy.
4. High Resource User Policy
   • 4.1. Resources are defined as bandwidth, processor utilization, disk space or database usage. Caryford Computer Services may implement the following policy to its sole discretion:
     • 4.1.1. When the resources utilised by a customer in using a service are abnormally high, Caryford Computer Services reserves the right to suspend that service immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby Caryford Computer Services continues hosting the web site for an additional fee. Caryford Computer Services reserves the right to determine what constitutes to 'abnormally high'. Failure to comply with such measures may result in your service being terminated.
5. Service Availability
   • 5.1. Caryford Computer Services shall use our reasonable endeavours to make available to you at all times the Servers and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Services.
   • 5.2. Caryford Computer Services shall have the right to suspend the Services provided to you at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
6. Payment
   • 6.1. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of provision of the Services.
   • 6.2. Caryford Computer Services reserves the right to change pricing at any time although all pricing is guaranteed for the period of pre-payment.
   • 6.3. Payment is due each calendar month, quarter or year following the date the Services were established until closure notice is given in writing at least 14 days before the service renewal date.
   • 6.4. All payments must be in UK Pounds Sterling and paid on-line using payment methods provided by Caryford Computer Services unless arranged otherwise.
   • 6.5. 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.
   • 6.6. If an account goes unpaid for at least seven days, a £15.00 late payment fee will be applied and the account and all its associated services are suspended.
   • 6.7. Once an account has a suspended status, access to files, databases, emails, and other content is explicitly denied. All files, databases, emails, and other content including the account itself is permanently deleted after ten days of account suspension.
   • 6.8. If you wish to reactivate an account which has been deleted then a £25.00 charge will be applied upon account reactivation to cover administration costs.
   • 6.9. Should access to files, databases and other content be required before they are deleted, account reactivation will be required.
7. Termination and Refunds
   • 7.1. Caryford Computer Services shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you if you:
     • 7.1.1. Fail to pay any sums due to us as they fall due.
     • 7.1.2. Break any of these Terms and Conditions, including accompanying Acceptable Use Policy and Anti-SPAM Policy.
     • 7.1.3. Are in breach of the License Agreement for any software (features) that accompanies or is included with your Hosting Package.
     • 7.1.4. Are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors.
     • 7.1.5. Refunds will be given at the discretion of the management, administration fees (up to a maximum 75% of the refund value) may be deducted.
     • 7.1.6. Caryford Computer Services reserves the right to suspend the Services and/or terminate this Agreement at any time. In the event of this you may be entitled to a pro rata refund based upon the remaining period of pre-payment, unless your account was suspended due to a breach of these terms and conditions, Acceptable Use Policy and/or Anti-SPAM Policy.
     • 7.1.7. You may cancel the Services at any time. To do so you must request cancellation of the Services in writing including your account username and password. We will cancel the Services within 5 working days of receipt of your request.
     • 7.1.8. Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
     • 7.1.9. On termination of this Agreement or Suspension of the Services we shall be entitled immediately to stop access to your Web Site(s) and to remove all data stored on the Servers
8. Cancellation of Contract
   • 8.1. If you are a consumer (private individual) and not a company/organisation based in the UK, you may have a right to cancel this contract under the Consumer Protection (Distance Selling) Regulations 2000 or similar laws amending or replacing it. The right must be claimed in writing within seven working days of the start of the services with Caryford Computer Services.
   • 8.2. Upon cancellation, access to services supplied by Caryford Computer Services will be removed, and any account or services will be terminated and files or content, including web files and email will be deleted. Once this is complete any monies paid to Caryford Computer Services will be returned to the consumer within 30 days.
9. Indemnity
   • 9.1. You shall indemnify Caryford Computer Services and it's agents 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 Servers 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.
10. LIMITATION OF LIABILITY
    • 10.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CARYFORD COMPUTER SERVICES OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF INTERUPTION IN SERVICE OR THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, ‘CARYFORD COMPUTER SERVICES’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES PAID FOR THE SERVICES (IF ANY) WHICH ARE THE SUBJECT OF ANY SUCH CLAIM, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF ‘CARYFORD COMPUTER SERVICES’ TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. CARYFORD COMPUTER SERVICES IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY ‘CARYFORD COMPUTER SERVICES’ OR A THIRD PARTY THAT IS ACCESSED THROUGH THE SERVICES AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
    • 10.2. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETION.
11. Notices
    • 11.1. Any notice to be given by either party to the other may be sent by either email, or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms 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 two days following the date of posting.
12. Severability
    • 12.1. In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
13. Applicable Law and Dispute
    • 13.1. This Agreement and all matters arising from it are governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be England.
14. Headings
    • 14.1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
15. Entire Agreement
    • 15.1. These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
    • 15.2. Failure to enforce these Terms and Conditions and related Polices in every instance does not amount to a waiver of Caryford Computer Services' rights.

CARYFORD COMPUTER SERVICES RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME.

Changes to the Terms and Conditions will be announced on the 'Caryford Computer Services' web site. Failure to receive notification of a change does not make those changes invalid. Current copies of the Terms and Conditions will be available on this page.

By accepting these Terms and Conditions and accompanying Acceptable Use Policy and Anti-SPAM Policy you have agreed to be bound by the Terms and Conditions of the Agreement and by that any subsequent agreement or policy, and that there no circumstances where deviation from the agreed Terms and Conditions is permissible. Please beware that failure to carryout your obligations under the agreement could be seen as a breach of contract leading to termination of services provided by Caryford Computer Services.