Prime Hosting: Terms of Service

Terms of Service

These terms and conditions are set by Prime Hosting. The following applies to all Customers of Prime Hosting at all times.

1. Definitions
1. 1.1 ‘Customer’ or ‘Client’ refers to customers of Prime Hosting.
2. 1.2 ‘Registrant’ means the Customer applying or having applied to Prime Hosting to register a domain or domains on behalf of the Customer.
3. 1.3 ‘Web site’ means a web site and all associated files, not limited to source code, scripts and database information.
4. 1.4 ‘Days’ shall be taken to include business days (Monday – Friday), weekends (Saturday – Sunday) and all public holidays, including bank holidays.
2. Agreements
1. 2.1 The Customer agrees to make payment for each service period in advance of the period.
2. 2.2 The Customer agrees to be bound by these Terms of Service and Acceptable Use Policy at all times.
3. 2.3 Non-payment for services will result in automated service suspension, services are suspended once an invoice is 14 days or more overdue.
4. 2.4 Prime Hosting reserves the right to terminate or suspend service, at its discretion, to any Customer that it deems to be in violation of these Terms of service and/or Acceptable Use Policy.
5. 2.5 Suspension and Cancellation
6. 2.6 Prime Hosting reserves the right to suspend or terminate service at any time for violation of these Terms of Service or Acceptable Use Policy or any other reason at its sole discretion.
7. 2.7 Prime Hosting will take reasonable care in notifying the Customer of service suspension or cancellation and reasoning for this.
8. 2.8 Prime Hosting reserves the right to suspend or terminate service without prior notice.
9. 2.9 The Customer agrees to provide 30 days written notice of service cancellation.
10. 2.10 The Customer accepts that all invoices must be paid and any debts to Prime Hosting cleared before an account can be closed and the contract terminated.
11. 2.11 The Customer accepts the addition of a late fee, currently £10, per overdue invoice which is 14 days or more overdue, an account will not be re-enabled until all outstanding bills are paid, including the late fee
3. Reseller Policy
1. 3.1 Resellers and dedicated server clients are responsible for the contact of their customers and in ensuring that their clients conform to the Acceptable Use Policy and Terms of Service.
2. 3.2 Resellers and dedicated server owners are responsible for ensuring that their customers are aware of these Terms of Service and the Acceptable Use Policy.
3. 3.3 A reseller or dedicated server owner’s customer is defined as anyone who has been granted access to the server.
4. Indemnification
1. 4.1 The Customer agrees that it shall defend, indemnify, save and hold Prime Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Prime Hosting, 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 agrees to defend, indemnify and hold harmless Prime Hosting against liabilities arising out of:
  1. 4.1.1 Any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party.
  2. 4.1.2 Copyright infringement.
  3. 4.1.3 Any defective products sold to Customer from Prime Hosting’s servers.
5. Billing Data
1. 5.1 It is the Customer’s responsibility to keep all data related to the billing of services up to date and accurate. If the Customer submits incomplete billing data the Customer will be asked to complete it. Failure to comply will result in account suspension until completed. Failure to provide accurate and correct billing data will result in immediate account termination, and may result in civil or criminal liabilities.
6. Domain Names
1. 6.1 Prime Hosting will consider all requests for domain name registration and accept or reject them in accordance with guidelines set by the relevant naming authorities. *.uk domain registrations must abide by http://www.nic.uk/terms.html. Global domain registrations (.com/.net/.org/.info/.biz) must abide by INWW terms.
2. 6.2 Upon acceptance of registration requests, Prime Hosting will submit names for registration and make full registration upon receipt of payment.
3. 6.3 Once a domain name has been registered, no refunds will be made by Prime Hosting.
4. 6.4 Prime Hosting 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. 6.5 Prime Hosting processes domain registration requests on a first come, first served basis. Until the Registrant receives confirmation of registration from Prime Hosting, there is no guarantee that the domain name requested has been registered.
6. 6.6 Prime Hosting may cancel or halt domain name registrations at its discretion if it feels that completion of the registration will compromise Prime Hosting’s interests, or for other relevant reasons. In such an event, the Registrant will be notified by Prime Hosting of its reasons.
7. 6.7 Prime Hosting 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 Prime Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Prime Hosting, 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. 6.8 The Registrant agrees that all details submitted in respect of a domain name registration are true and correct, and holds Prime Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Prime Hosting, its agents, its Customers, officers and employees, that may arise or result from such false or incorrect details so submitted.
9. 6.9 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. 6.10 The Registrant indemnifies Prime Hosting from any legal proceedings and costs that arise as a result of the registration of a domain name.
11. 6.11 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. 6.12 Prime Hosting reserves the right to make alterations to the terms and conditions of domain name registration at any time.
13. 6.13 Transfers and renewals of domain names will be made under Prime Hosting terms and conditions of domain name registration in force at the time of transfers or renewals.
14. 6.14 These terms and conditions constitute the entire agreement between Prime Hosting and the Registrant of the domain name. These terms and conditions depose all prior agreements whether verbal or written.
15. 6.15 Should Prime Hosting cease trading, domain renewals must be carried out through the relevant naming authority and all active services must be transferred to a new provider. Prime Hosting 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.
7. Cancellations
1. 7.1 The client must provide 30 days notice for the cancellation of service. Failure to provide 30 days notice may result in an administrative fee.
2. 7.2 No refunds will be given for un-used periods of service.
3. 7.3 If no cancellation request is received then the contract is automatically renewed.
4. 7.4 Any invoices that are more than 14 days overdue will be sent for debt collection.
8. Amendments and Updates
1. 8.1 Prime Hosting reserves the right to update and amend these Terms and Conditions at any time or its choosing and without notification. It is advised that you check these Terms and Conditions from time to time.
9. Statutory Rights
1. 9.1 These Terms and Conditions do not affect your statutory rights as a consumer. Prime Hosting is a company registered in England and Wales under the Companies Act.

Acceptable Use Policy

1. Prohibited Content
1. 1.1 Customers shall not allow the storage, posting or transmission of data which violates the laws of England and Wales and the European Union.
2. 1.2 It is the customer’s responsibility to determine whether content is in breach of the laws of England and Wales and the European Union.
3. 1.3 Other prohibited content includes, but is not specifically limited to: content or code that violate or describe ways to violate the Terms and Conditions of Prime Hosting, “Phishing” websites, “Link Farms”, “Harvesting” and “harvested” addresses and information, “Spamvertising” sites.
2. Resource Usage
1. 2.1 Should your account utilise what Prime Hosting deems to be an excessive amount of server resources (including but not limited to CPU processing time and memory usage) for a period of time, Prime Hosting reserves the right to suspend your account and request that you either upgrade your hosting package or reduce your resource usage to a level that is deemed acceptable.
2. 2.2 Prime Hosting reserves the right to suspend and shut down any account which is deemed to be adversely affecting server performance or network integrity.
3. System and Network Security
1. 3.1 The Customer will incur any civil and criminal liability arising from a breach of system or network security.
2. 3.2 Examples of system and network security breaches include but are not limited to the following:
  1. Introducing a malicious program into the server or network, such as a virus, Trojan Horse or worm.
  2. Causing service disruption through methods such as email bombing, packet or IP spoofing, port scans and ping floods.
  3. Interfering with or denying service to another Prime Hosting customer
  4. Interfering with or denying service to a customer of another provider, for example, through a denial or service or distributed denial of service attack.
  5. Conduct designed to avoid access limits and restrictions on services
3. 3.3 Any user creating or exploiting system security will be responsible for all costs incurred by Prime Hosting. Emergency security breach recovery work carried out by Prime Hosting staff will also be charged at a rate of £75.00 per hour.
4. Email Policy
1. 4.1 Any email list hosted on a Prime Hosting account must meet the following criteria: be “opt-in” (voluntary signup) only with subscriber verification and allow users to easily unsubscribe at any time. Email addresses collected must not be sold or disclosed to any third party at any time.
2. 4.2 Any email which is defined as spam by Prime Hosting is strictly forbidden. Spam can include, but is not limited to, the mass mailing of unsolicited emails.
3. 4.3 The forging of email headers is strictly forbidden.
4. 4.4 If the Customer’s actions result in Prime Hosting’s servers or a Prime Hosting server being placed on an email blacklist (such as, but not limited to, spamcop.net) the customer will be liable to a £50.00 fee and £30.00 per hour administrative charge for any work required to remove the server(s) from the blacklist and remove any spam scripts from the server(s).