By signing up to Mosthost you are deemed to have accepted these terms and conditions These Conditions are divided into four parts, however all parts may not apply in every case:

Section One

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Definitions: In these conditions, the following expressions will have the following meanings, unless inconsistent with the context:

"Agreement" - the agreement between Mosthost and the Client for the provision of Services formed by these Conditions and the Order Confirmation(s).

"Ancillary Systems" - Any Software and/or Equipment.

"Associated Company" - In respect of either party, a subsidiary or holding company of that party or any subsidiary of such holding company and the terms 'subsidiary' and 'holding compan' will have the meanings given to them by sections 736 and 736A Companies Act 1985.

"Business Day" - A day which is not a Saturday or Sunday or public or bank holiday in England and Wales.

"Business Hours" - 9 AM to 6 PM on each Business Day.

"Client Materials" - Data, text, images, graphics, videos, logos and other content and material, hardware or equipment provided by the Client in connection with the Agreement for use by Mosthost in providing the Services.

"Client" - As identified on the Order Confirmation(s).

"Client System" - The Client's computer system upon which the Software is loaded or otherwise in connection with which the Services are provided.

"Conditions" - These conditions (in four parts) to be read in conjunction with the Order Confirmation(s).

"Defect" - Any defect in systems having a material effect on the Client's use or operation of the Services or any failure by any Ancillary System to comply with any term of Part 2 of these Conditions.

"Domain Services" - Those domain registration and other related services (if any) provided to the Client by Mosthost pursuant to the Agreement, as described on a relevant Order Confirmation.

"Equipment" - Any hardware, cabling and/or other equipment provided to the Client by Mosthost in connection with the Agreement.

"Fees" - The charges due to Mosthost under the Agreement in relation to the Services, as set out on the Order Confirmation(s).

"Intellectual Property Rights" - Any and all patents, trade marks, service marks, copyright, moral rights, rights in design, know-how, confidential information and all or any other intellectual or industrial property rights whether or not registered or capable of registration and whether subsisting in the United Kingdom or any other part of the world together with all or any goodwill relating to the same.

"Netiquette" - Generally accepted standards and codes of practice for use of the internet including not sending bulk unsolicited email, mail bombing or impersonating another person.

"Order Confirmation" - The order confirmation form(s) submitted by Mosthost to the Client by email or otherwise in writing for the provision of the Services, in response to the Client's order or request.

"Mosthost" - Mosthost, whose registered office is at 7 Taylor Street, Ilkeston, Derbyshire, DE7 5JP.

"Services" - Those development, implementation, consultancy, hosting and other services (if any) provided to the Client pursuant to the Agreement, as described on a relevant Order Confirmation, together with any Support Services and Domain Services.

"SLA" - The level of performance to be provided by Mosthost to the Client in respect of the Services as set out on the Order Confirmation(s).

"Software" - Any communications or other software provided to or made available to the Client by Mosthost in connection with the Agreement, but excluding Third Party Software.

"Support Services" - Those support and maintenance services provided to the Client pursuant to the Agreement, as described on a relevant Order Confirmation.

"Support Hours" - The hours during which Mosthost will provide the Support Services, as set out on a relevant Order Confirmation.

"Third Party Software" - Any software identified as third party software (if any) to be provided to the Client pursuant to the Agreement, as set out in a relevant Order Confirmation.

"Use the Software" - To load the Software onto and store and run it on the Client System and/or Equipment in accordance with the terms of the Agreement.


2 - Interpretation:
2.1 The headings used in the Agreement are inserted for convenience only and are not intended to be part of nor to affect the meaning or interpretation of any of the Agreement.

2.2 In the Agreement the masculine includes the feminine and the neuter, and the singular includes the plural and vice versa as the context shall admit or require.

2.3 The expression 'person' means any individual, firm, body corporate, unincorporated association, partnership, government, state or agency of a state or joint venture.

2.4 In the event of a conflict between any of these Conditions and any Order Confirmation, the conflict will be resolved according to the following order of priority: these Conditions then the Order Confirmation.

2.5 The words 'include', 'includes', 'including' and 'included' will be construed without limitation unless inconsistent with the context.

2.6 The Agreement (as varied in accordance with its terms) forms the entire understanding of the parties in respect of the matters dealt within it and supersedes all previous agreements, understandings and negotiations between the parties.

2.7 The parties do not intend that any of the terms of the Agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not party to it.

2.8 References in these Conditions to clauses means clauses of these Conditions. References in these Conditions to the provisions of statutes or statutory instruments are deemed to include those provisions as amended or substituted.



3 - Service Provision
3.1 The Services are described or referred to on the Order Confirmation(s).

3.2 Mosthost will use its reasonable endeavours to provide the Services in accordance with any timescale set out on the Order Confirmation(s), but will not be liable to the Client where, using those endeavours, it fails to meet any timescale.

3.3 Mosthost will not be liable for any failure to provide the Services resulting from any breach by the Client or its employees, agents or subcontractors of the Agreement.

3.4 Mosthost will not be obliged to provide any services not referred to on the Order Confirmation(s). Furthermore, Mosthost cannot provide the Services where the Client makes use of particular systems including communications systems identified in writing by Mosthost.

3.5 The terms of the Agreement form the entire agreement between Mosthost and the Client in relation to the Services and all other understandings, agreements, warranties, conditions, terms or representations, whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law. The Client may not rely upon any representation made or given by any employee of Mosthost prior to the Agreement being entered into unless confirmed in the Agreement.

3.6 Mosthost may at any time and from time to time improve, correct or otherwise modify all or any of the Services (including substituting Software and/or Equipment with software or equipment of similar specification) provided that such modification does not materially affect provision of the Services to the Client. Mosthost will endeavour to give the Client reasonable notice of any such modification, where this is reasonably practicable.

3.8 Without prejudice to its other rights and remedies, Mosthost may at its sole discretion suspend the provision of the whole or any part of the Services (temporarily or permanently) and will have no liability to provide the Services on the occurrence of any of the following events:

3.8.1 Notified or unscheduled upgrade or maintenance of Mosthost's IT systems;

3.8.2 Issue by any competent authority of an order which is binding on Mosthost which affects the Services;

3.8.3 If the Client fails to pay any Fees or any other sums owing to Mosthost by the Client when they fall due;

3.8.4 If an event occurs and Mosthost deem it to be appropriate to terminate the Agreement;

3.8.5 If the bandwidth or computer memory used by the Client in relation to the Services exceeds any agreed or stipulated level and Mosthost determines in its sole discretion that suspension is necessary to protect all and any internet solutions provided by Mosthost from time to time;

3.8.6 If the size of an email, mailing list or cron job used by the Client exceeds any agreed or stipulated size, level or frequency and Mosthost determines in its sole discretion that suspension is necessary to protect all and any internet solutions provided by Mosthost from time to time; or

3.8.7 Failure or deficiencies in the Client System referring but not limited to hardware, server corruption and security breaches.


3.9 The Client will provide to Mosthost those Client Materials identified on the Order Confirmation(s) within a reasonable time period taking account of the obligations of Mosthost under the Agreement.

3.10 The Client warrants that the Client Materials will be accurate in all material respects and will not knowingly include material which is illegal, the accessing holding transmitting or supplying of which would be a criminal offence or which is otherwise unlawful or in breach of any applicable law or code of practice applying to such materials. In particular, the Client warrants that all necessary licences, consents and waivers. (including those from rights owners, performers and other contributors) are obtained and paid for by the Client Without prejudice to the foregoing, Mosthost may decline to use any Client Materials on any reasonable grounds.

3.11 The Client will supply in a timely manner all information, instructions, review and feedback reasonably required by Mosthost in connection with the performance of its obligations under the Agreement and will appoint a representative who is fully empowered and authorised to provide the same.

Where Mosthost suspends provision of the Services in accordance with clause 3.8.3, it will only be obliged to recommence provision during Business Hours and once the Client has paid all relevant outstanding sums in clear funds together with any relevant reinstatement fee (as published from time to time by MOSTHOST) and has accepted any revised payment terms requested by Mosthost (such as payment by direct debit).


4 - Service Delivery
4.1 The Client acknowledges that, given the nature of such services, Mosthost cannot guarantee that the Services, when delivered via the internet, will be uninterrupted or error free.

4.2 To the fullest extent permitted by law and save as provided elsewhere in the Agreement, the Services and any Client Systems and Ancillary Systems are provided by Mosthost to the Client on an "as is" and "as available" basis and no warranty or representation (express or implied) of any kind are given in connection with the Agreement including as to satisfactory quality and fitness for a particular purpose. In particular, Mosthost gives no warranty or representation that:

4.2.1 the Services will meet the Client's requirements;

4.2.2 the Services will be provided on an uninterrupted, timely, secure or error-free basis; or

4.2.3 any results obtained from use of the Services will be accurate, complete or current.

4.3 Mosthost warrants that it will provide the Services with reasonable care and skill and in accordance with any SLA. Mosthost will not be liable for a breach of such warranty unless the Client notifies Mosthost in writing of such failure within 14 days of the Client becoming aware of the failure.

4.4 If the Client makes a valid claim against Mosthost based on a failure by Mosthost to comply with the warranty set out in clause 4.3 Mosthost may, at its option, take such steps as it deems necessary to remedy such failure or refund such part of the Fees as relates to such Services, provided that the liability of Mosthost under such warranty will in no event exceed one and a quarter times the amount of the Fees paid to Mosthost by the Client (excluding VAT and expenses) in the 12 month period prior to the date on which the Client makes the claim. If Mosthost complies with this clause, it will have no further liability for a breach of the said warranty.



5 - Client's Obligations
5.1 The Client agrees that it will:
5.1.1 Immediately notify MOSTHOST on becoming aware of any unauthorised use of all or any of the Services and/or relevant part of the Client System;

5.1.2 Not use the Services, Ancillary Systems and/or Client System or allow them to be used for any unlawful purpose or for the publication, linking to, issue or display of any unlawful material (including any pirated software or any material which is obscene, pornographic, threatening, malicious, harmful, abusive, defamatory or which breaches the rights including Intellectual Property Rights of any third party or which is or encourages criminal acts or contains any virus, worm, trojan horse or other harmful code) whether under English law or regulation, the laws or regulations of the Client's country or any other place where the results of such purpose or the material in question can be accessed;

5.1.3 Not use the Services, Ancillary Systems and/or Client System or allow them to be used for the publication, linking to, issue or display of any material which in the absolute discretion of Mosthost may harm Mosthost or any of its Associated Companies or clients or bring Mosthost into disrepute or which calls into question any action taken by Mosthost on the Client's behalf;

5.1.4 Not use the Services, Ancillary Systems and/or Client System or allow them to be used in breach of good Netiquette practices;

5.1.5 Remove or prevent access to any material hosted on any of the Equipment and/or Client System which causes or is likely to cause the Client to be in breach of the Agreement;

5.1.6 Ensure that it has all necessary consents, permissions and licences to make use of the Services including registration and appropriate consents and approvals under the Data Protection Act 1998;

5.1.7 Not provide any technical or other information obtained from Mosthost and/or relating to the Services to any person which the Client is aware or ought reasonably be aware may directly or indirectly lead to a breach of any law or regulation;

5.1.8 Not, in breach of good Netiquette practices, use any service provided by any third party (including an internet web site and/or email) for the publication, linking to, issue or display of any material which refers to an internet web site hosted by Mosthost or any other products or services offered by Mosthost from time to time without Mosthost's prior written consent;

5.1.9 Ensure that all material or data hosted by Mosthost on any web site operated by the Client from time to time or communicated through such site or using the Client System is checked for viruses and other harmful code and has appropriate security patches applied;

5.1.10 Save as provided in any Order Confirmation, be responsible for keeping regular and full back ups of all material and data hosted by Mosthost on any web site or other system operated by the Client from time to time including the Client System and/or Ancillary Systems;

5.1.11 Comply with any security policy notified to it from time to time by Mosthost and, in particular, ensure that all passwords and user names provided to it by Mosthost are at all times kept confidential, used properly and not disclosed to unauthorised people. If the Client has any reason to believe that any password or user name has become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way or of any other breach of security then the Client will inform Mosthost immediately;

5.1.12 Monitor its bandwidth in relation to the use of Services and report to Mosthost any use of bandwidth over and above those agreed or stipulated levels set out in the Order Confirmation;

5.1.13 Be entirely liable for all activities conducted and charges incurred under its passwords and user names whether authorised by it or not and the Client acknowledges that Mosthost shall not be liable for any loss of confidentiality or for any damages arising from the Client's inability to comply with these Conditions;

5.1.17 Ensure that all communication details which it provides to Mosthost are at all times true, current, accurate and complete. The Client will promptly notify Mosthost of any change to such details and acknowledges that Mosthost will not be liable for any loss suffered or incurred by the Client as a result of its failure to notify such changes to Mosthost; and

5.3 The Client will promptly provide to Mosthost and/or its consultants, employees and agents such information and assistance as they may reasonably require in order to be able to carry out the Services and, where relevant, deliver and install any Ancillary Systems.

5.4 The Client will procure all necessary rights from third parties (including intellectual property licences of computer software and website content including ringtones and music) which are from time to time required in order for Mosthost to be able legally to provide the Services.

5.5 If, in Mosthost's opinion, the Client is in breach of the provisions of clauses 5.1.2 to 5.1.4 then Mosthost may without prejudice to its other rights and remedies immediately by written notice to the Client:

5.5.1 Suspend provision of the Services;

5.5.2 Terminate the Agreement; or

5.5.3 Amend or remove any Client Materials and/or content appearing on any website or other system hosted by Mosthost on behalf of the Client (including any Client System or Ancillary System).

Mosthost may also notify appropriate public authorities (governmental or otherwise including the police or other enforcement authority) of any such breach, where it deems necessary.

The Client also acknowledges that the services and products provided by Mosthost are standard packages which are not tailored to specific requirements of the Client, unless confirmed in writing by Mosthost to the contrary.



6 - Payment Terms
6.1 The Fees are payable to MOSTHOST subject to the following conditions:

6.1.1 Fees payable monthly or yearly will be paid in advance and will not be refundable in whole or part if the Agreement or relevant part is terminated during the period to which the payment relates;

6.1.2 Any set up fee will (unless stated to be included within later payments) be payable immediately;

6.1.3 Additional Fees will become payable if the Client exceeds agreed or stipulated bandwidth use levels.

6.2 Any total sum for the fees set out in an Order Confirmation is (unless stated in the Order Confirmation to be a fixed and firm amount) an estimate of the fees only and not a fixed price quotation.

6.4 The Client agrees to pay Mosthost's invoices within 7 days of invoice due date. If invoices are not settled in full by then, the Client will without prejudice to its other rights and remedies (including the right to suspend the Services under clause 3.8.3) be liable to pay interest on any sum outstanding from the due date for payment at the annual rate of 2% above the base lending rate from time to time of Alliance and Leicester accruing on a daily basis until payment is made whether before or after any judgment.

6.5 All sums payable to Mosthost under the Agreement must be paid in full with no set off or deduction.
6.7 Mosthost may make a search in relation to the Client with a credit reference agency (and make other credit enquiries from time to time), keep a record of that search and enquiries, and share that information with third parties. Mosthost may also make enquiries about the principle directors/proprietors of the Client with a credit reference agency.

6.8 Where the Client authorises payment of any of the Fees by credit card then Mosthost may deduct other amounts becoming payable to it under the Agreement under that credit card without obtaining additional authorisation from the Client.

6.9 Without prejudice to any other of its rights and remedies, Mosthost will be entitled to remove the Client's data from its systems and any Equipment and/or put the Equipment to any use other than the Client's if any amount due under the Agreement is not paid within 21 days of its due date for payment. Mosthost is not required to back up such data or return the same to the Client prior to any such removal or following termination of the Agreement.



7 - Condifential Information
7.1 Each party will (unless contrary to law):

7.1.1 Keep confidential all information obtained from the other under or in connection with the Agreement ('Information');

7.1.2 Not disclose any Information to any third party without the prior written consent of the other except to such persons and to such extent as may be strictly necessary for the performance of the Agreement;

7.1.3 Not use any Information otherwise than for the purposes of the Agreement.

7.2 The provisions of clause 7.1 do not apply to Information which:

7.2.1 Is or becomes public knowledge (otherwise than by breach of this clause); or

7.2.2 Was in the possession of the party concerned without restriction as to its disclosure before receiving it from the disclosing party; or

7.2.3 Is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;

7.3 The provisions of this clause 7 will continue to apply notwithstanding termination of the Agreement.

7.4 The Client, by entering into the Agreement, consents to Mosthost sending to the Client by whatever means the Company deems appropriate (whether by email or otherwise) information concerning new products and other services that Mosthost and its Associated Companies may from time to time offer.

and nothing in this clause 7 prevents either party from disclosing any Information for a proper purpose to a public authority or any regulatory body, or to a court of law in the United Kingdom or elsewhere in legal proceedings, or to its senior management, its auditors, bankers, lawyers or other professional advisers.


8 - Intellectual Property
8.1 The Client acknowledges and agrees that it will not own or acquire ownership of any Intellectual Property Rights in or relating to the Services or created in performing the Services and that it will have no rights in or to the Services other than the rights expressly granted by the Agreement.

8.2 The Client will indemnify and keep Mosthost indemnified from and against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, losses, damages, claims, demands, legal costs (on a full indemnity basis) and judgments which Mosthost incurs or suffers as a consequence of infringement of any Intellectual Property Right of any third party arising directly or indirectly from:

8.2.1 The provision by Mosthost of Services making use of information or specifications supplied by the Client;

8.2.2 The Client's failure to procure all necessary rights from third parties which are from time to time required in order for Mosthost to be able legally to provide the Services; or

8.2.3 the use by Mosthost in connection with the Agreement of the Client System and the Client Materials.

8.3 No Intellectual Property Rights created or acquired by Mosthost will transfer or be assigned to the Client unless Mosthost and the Client have signed a written assignment document to that effect.

8.4 The Client shall keep the Ancillary Systems in good condition during the continuance of the Agreement and free of all charges, liens and encumbrances and protect it from any and all judicial process.



9 - Liability
9.1 The provisions of this clause 9 and the provisions of clauses 4 and 24 set out the entire liability of Mosthost (including any liability for the acts or omissions of its consultants, employees, agents and authorised representatives) to the Client in respect of:

9.1.1 Any breach of the Agreement; and

9.1.2 Any representation, statement or tortious act or omission including negligence arising under or in connection with the Agreement.

9.2 Nothing in the Agreement excludes or limits the liability of Mosthost for death or personal injury caused by the negligence of Mosthost, fraud or a breach of section 12 of the Sale of Goods Act 1979.

9.3 Subject to clauses 9.2 the total liability of Mosthost in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the Agreement is limited to:

9.3.1 £50,000 for loss of or damage to tangible property; and

9.3.2 For any other kind of loss, one and a quarter times the amount of sums paid by the Client to Mosthost pursuant to the Agreement (excluding VAT and expenses) during the preceding 12 month period.

9.4 Mosthost will not be liable to the Client in contract, tort, misrepresentation or otherwise (including negligence), for any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever, or for any loss of profit, loss of business, loss of contract, depletion of goodwill or otherwise (whether direct or indirect), and whether or not caused by the negligence of Mosthost or its employees, agents or authorised representatives, which arises out of or in connection with the Agreement.

9.5 The Client acknowledges that the allocation of risk in the Agreement reflects the price paid for the Services and that it is not within the control of Mosthost how or for what purposes they are used.



10 - Client Indemnity
The Client will fully indemnify and keep MOSTHOST and its Associated Companies, officers, partners, employees and agents fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including legal fees) whatsoever incurred by it and arising from any of the following:

10.1 The Client's breach of the Agreement, negligence or other default;

10.2 The operation or break down of any IT systems owned or used by the Client including the Client System but not the Equipment; or

10.3 The Client's use or misuse of the Services.



11 - Force Majeure
Neither party is under any liability to the other party in respect of anything which, apart from this provision, may constitute a breach of the Agreement arising by reason of force majeure which means, in relation to either party, circumstances beyond the reasonable control of that party including acts of God, acts of any governmental or supra-national authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, unauthorised use or access to the IT systems of Mosthost or the Client, explosion, flood, epidemic, lock outs (whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party's workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions, to the extent outside of its reasonable control.



12 - Term and Termination
Without prejudice to the remaining provisions of this clause 12 and any other rights and remedies available to Mosthost:

12.1 Mosthost will provide the Services for the period of 12 months from the date of the relevant Order Confirmation or, where different, any other period of supply stated on the Order Confirmation (such period being termed the "Initial Period") and will continue beyond that period, subject to termination by:

12.1.1 The Client upon serving 30 days' written notice on Mosthost following completion of Mosthost's prescribed template procedures for terminating the whole or any part of the Agreement (details of which can be obtained from Mosthost's Customer Services Team); or

12.1.2 Mosthost serving 30 days' written notice on the Client to expire at any time after the Initial Period.

12.2 Mosthost may immediately terminate the Agreement (or at its option, any part of it) by notice in writing to the Client if the Client fails to pay to Mosthost any sum due under the Agreement on the due date for payment.

12.3 Either party may terminate the Agreement (or, at its option, any part of it) forthwith by notice in writing to the other if the other party:

12.3.1 Is in material breach of the Agreement and fails (where the breach is capable of remedy) to remedy the breach within 30 days of the receipt of a request in writing to remedy the breach, such request setting out the breach and indicating that failure to remedy the breach may result in termination of the Agreement;

12.3.2 Becomes the subject of a voluntary arrangement under section 1 of the Insolvency Act 1986;

12.3.3 Is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;

12.3.4 Has a receiver, manager, administrator or administrative receiver appointed over all or any parts of its undertaking, assets or income, has passed a resolution for its winding-up, or has a petition presented to any court for its winding-up or for an administration order; or

12.3.5 Has ceased or threatened to cease to trade.



13 - Consequences of Termination
13.1 Termination of the Agreement is without prejudice to the rights and duties of either party accrued prior to termination.

13.2 The clauses of the Agreement which expressly or impliedly have effect after termination will continue to be enforceable notwithstanding termination.

13.3 Mosthost may without notice remove the Client's data from its systems and any Equipment after expiry of 5 Business Days following termination. For the purposes of this clause, the date of termination will be either the date that Mosthost receives signed authorisation from the Client instructing cancellation of account or the date of expiry of notice of termination served in accordance with these Conditions.

13.4 Upon termination of the Agreement, the Client will forthwith:

13.4.1 Cease to use the Software, Equipment and Services;

13.4.2 Erase the Software from the Client System and certify to Mosthost that this has been done;

13.4.4 Pay all outstanding invoices raised by Mosthost pursuant to the Agreement and pay for all work in progress not previously paid for on a reasonable pro-rata basis (subject to receipt of an invoice for the same from Mosthost).

13.6 Where following termination, Mosthost is unable to cancel any registration of a domain name registered on behalf of the Client, it may levy a minimum charge to cover the cost of the domain registration fee.

13.7 Where the Client services include the purchase of licensing for software by Mosthost on behalf of the client, in the event of termination of the agreement by the client, Mosthost are unable to refund any proportion of the software and/or licensing fees incurred.



14 - Severability
The illegality, invalidity or unenforceability of any provision of the Agreement will not affect the legality, validity or enforceability of the remainder. If any such provision is found by any court or competent authority to be illegal, invalid or unenforceable, the parties agree that they will substitute provisions in a form as similar to the offending provisions as is possible without thereby rendering them illegal, invalid or unenforceable.



15 - Waiver
15.1 The failure or delay by either party in exercising any right, power or remedy of that party under the Agreement will not in any circumstances impair such right, power or remedy nor operate as a waiver of it. The single or partial exercise by either party of any right, power or remedy under the Agreement will not in any circumstances preclude any other or further exercise of it or the exercise of any other right, power or remedy.

15.2 Any waiver by either party of a breach of or default under any of the terms of the Agreement by the other party is not deemed a waiver of any subsequent breach or default and in no way affects the other terms of the Agreement.



16 - Assignment and Subcontracting
The Client may not assign the benefit or delegate the burden of the Agreement nor sub-license any of its rights under the Agreement (including to its Associated Company) without the prior written consent of Mosthost. Any consent provided by Mosthost under this clause is given on condition that the assignee or licensee, as the case may be, agrees to comply with the terms of the Agreement as if they were the Client. Mosthost may sub-contract or assign any or all of its rights and obligations under the Agreement.



17 - Amendments
No variation or amendment to the Agreement (including any Order Confirmation) is effective unless agreed in writing and signed by an authorised representative of Mosthost.



18 - Notices
Any notice to be given or made by either party under or in connection with the Agreement must be in writing and given or made to the other party at its address stated in the Order Form or to such other address as either party may from time to time notify to the other. Every notice, if so addressed, is deemed to have been duly given or made, if delivered by hand, upon delivery at the address of the relevant party, if sent by prepaid first class post, two Business Days after the date of posting and if transmitted by facsimile, at the time of transmission (provided a confirmatory letter is sent by prepaid first class post) provided that, where, in accordance with the above provisions, any notice would otherwise be deemed to be given or made on a day which is not a Business Day or after 4.00 PM on a Business Day, such notice shall be deemed to be given or made at 9.00 AM on the next Business Day. Mosthost may additionally serve notice on the Client under or in connection with the Agreement by email to the Client by sending an email to the contact email address stated on the Order Confirmation(s) or, in the case of a Client for whom Mosthost has registered a domain name, to webmaster@[registered domain name], and in such a case the email will be deemed sent once transmitted from Mosthost's email server.



19 - Applicable Law and Jurisdiction
The construction, performance and validity of the Agreement will be governed by English law and the English courts have jurisdiction to settle any disputes which may arise out of or in connection with it.

Section Two

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20 - Provision of Software
20.1 In these Conditions, the following expressions will have the following meanings, unless inconsistent with the context:

20.2 In consideration of payment by the Client of the Fees, Mosthost will supply to the Client one copy of the Software and Third Party Software in object code form.

20.3 Mosthost grants to the Client the non-exclusive right to Use the Software for so long as the relevant Services continue to be provided subject to the remaining terms of these Conditions.



21 - Client's Undertakings
The Client undertakes:
21.1 To maintain accurate and up-to-date records of the number and locations of all copies of the Software;

21.2 To take good care of the Ancillary Systems; and

21.3 Not to provide or otherwise make available the Software in whole or in part (including program listings, object and source program listings, object code and source code) in any form to any person other than the Client's employees without the prior written consent of Mosthost.



22 - Copying
The Client may make only so many copies of the Software as are reasonably necessary for operational security and to Use the Software. Such copies and the media on which they are stored will remain the property of Mosthost, and the Client will ensure that all such copies bear Mosthost's proprietary notices. The provisions of Part 2 of these Conditions will apply to such copies as it applies to the Software.



23 - Alterations
23.1 Except to the extent and in the circumstances expressly required to be permitted by Mosthost by law, the Client may not:

23.1.1 alter, modify, adapt or translate the whole or any part of the program listings, object and source program listings, object code or source code in the Software in any way whatsoever;

23.1.2 permit the whole or any part of the Software to be combined with or become incorporated in any other computer programs; or

23.1.3 decompile, disassemble or reverse engineer the Software; nor attempt to do any of these things.

23.2 To the extent that the law applicable to the Agreement grants the Client the right to decompile the Software in order to obtain information necessary to render the Software interoperable with other computer programs used by the Client, Mosthost undertakes to make that information readily available to the Client. Mosthost may impose reasonable conditions (including a reasonable fee) for doing so. In order to ensure that the Client receives the appropriate information, the Client must first give to Mosthost sufficient details of the Client's objectives and the other computer programs concerned



24 - Performance
24.1 The Client acknowledges that:

24.1.1 software in general is not error-free, and agrees that the existence of such errors will not constitute a breach of the Agreement; and

24.1.2 the Ancillary Systems will operate only in conjunction with the Client System and other operating systems that may be notified by Mosthost in writing from time to time.

24.2 Mosthost will use its reasonable endeavours to check the Software for the most commonly known viruses prior to delivery to the Client. However, the Client is solely responsible for virus scanning the Software and Mosthost gives no warranty that the Software will be free from viruses.

24.3 Mosthost warrants that (subject to the other provisions of the Agreement) the Ancillary Systems will as at delivery be free from material errors which prevent the Client's use of the Services and conform in all material respects with any applicable specification agreed in writing between the Client and Mosthost. Mosthost will not be liable for a breach of this warranty:

24.3.1 if the error in question has been caused by any modification variation or addition to any part of the Ancillary Systems not performed by Mosthost, their incorrect use by the Client, or use with or in connection with systems with which they are incompatible; or

24.3.2 where the Client does not notify Mosthost in writing of a failure within 14 days of becoming aware of the same.

24.4 If the Client makes a valid claim against Mosthost based on the failure by Mosthost to comply with the warranty set out in clause 24.3 Mosthost will at its option take such steps as it deems necessary to remedy such failure or refund such part of the Fees as relates to the defective Ancillary Systems.

24.5 If Mosthost complies with clause 24.4 it will have no further liability for a breach of the warranty set out in clause 24.3.



25 - Third Party Software
Any Third Party Software is supplied to the Client on the basis of the relevant third party's standard licence terms provided to the Client with the relevant Third Party Software and with which the Client agrees to comply.

Section Three

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26 - Provision of Support Services
26.1 Mosthost will provide the Support Services to the Client upon the terms and conditions set out in this Part 3 and Part 1 of these Conditions.

26.2 Mosthost will only be obliged to provide the Support Services during Support Hours.

26.3 The obligation of Mosthost to provide Support Services will not extend to:

26.3.1 Rectification of lost or corrupted data;

26.3.2 Ancillary Systems altered modified or varied by other than Mosthost; 26.3.3 attendance to faults arising from the Client's failure to comply with Mosthost's instructions with regard to the use of the Services or any documentation or manuals provided by Mosthost, or operator error or omission; or

26.3.4 attendance to faults attributable to the use or interaction of an Ancillary System with other software or systems with which it is not compatible.

26.3.5 Mosthost will charge its standard employee charge out rates (as published from time to time by Mosthost) in addition to the Fees for the carrying out any remedial work described in clauses 26.3.1 to 26.

26.4 Mosthost will use its reasonable endeavours to provide the Support Services in accordance with the SLA.

26.5 Scope of Support Services; Mosthost will at no additional charge to the Customer install the standard operating system Software on to the Client System or, where appropriate, the Equipment.

26.6 Mosthost will operate a helpline service to assist the Client and its staff in relation to the Client's use of the Services and the identification and correction of Defects. Assistance via this helpline service may be requested by the Client and provided by Mosthost, by telephone, e-mail or helpdesk ticket system provided by Mosthost. The service will be obtained by telephoning, e-mailing such numbers or addresses or logging into such ticketing systems, as are notified by Mosthost from time to time.

26.7 If a Defect occurs, the following procedure will be followed:

26.7.1 The Client will notify Mosthost of the Defect and provide such information and assistance as Mosthost reasonably requires in connection with such Defect; and

26.7.2 Mosthost will analyse the Defect and use its reasonable endeavours to rectify the Defect in question or propose a solution in connection with the same, within ten Business Days of being notified of the same under clause 26.6.

Section Four

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27 - Service Provision
27.1 Mosthost will provide the Domain Services to the Client upon the terms and conditions set out in this Part 4 and Part 1 of these Conditions.

27.2 The Client undertakes and warrants to Mosthost that the registration of any domain name requested by it (a "Requested Domain"):

27.2.1 and the manner in which it is to be directly or indirectly used will not infringe any third party rights; and

27.2.2 is not being made in bad faith or could be considered to be an abusive registration under the ICANN or Nominet dispute resolution policies, whichever is appropriate.

27.3 The Client acknowledges that, whilst Mosthost will use its reasonable endeavours to register a Requested Domain, Mosthost will not be obliged to accept any request to register or continue to process any registration of a Requested Domain.

27.4 The Domain Services are limited to forwarding the application for registration to the relevant naming authority, providing reasonable administration services in relation to the application and notifying the result of the application to the Client within a reasonable period after communication from the authority. Mosthost will use reasonable endeavours to notify the Client of any renewal dates however Mosthost accepts no liability for the loss of registration of any Requested Domain.

27.5 Mosthost makes no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of registration of any Requested Domain. The Client acknowledges that Mosthost cannot guarantee the reservation or registration of any Requested Domain and that the registration of such domain name will be subject to any registration requirements of the appropriate registry.

27.6 The Client will check that the domain name as reported on all documents sent to the Client (such as invoices and e-mail notifications) is spelt correctly. The Client will notify Mosthost of any incorrect spellings of a Requested Domain promptly and in any event within 24 hours of receiving such document.

27.7 The Client will at all times comply with the terms and conditions (from time to time subsisting) applying to the registration of domain names published by the relevant naming authority (including the domain dispute resolution policy of that authority) and any other authority having similar force.

27.8 If the Client wishes to transfer ownership of a Requested Domain then it will procure that all necessary consents to that transfer are obtained and will deliver up to Mosthost, on demand, documentary evidence of that all such consents have been obtained. The Client agrees that prior to transferring ownership of a Requested Domain to another person (the "Transferee") the Client will procure that the Transferee agrees in writing to be bound by the terms of the Agreement. A Requested Domain will not be transferred until Mosthost receives such written assurances as it requires that the Transferee is bound by the terms of the Agreement.

27.9 Mosthost will not transfer ownership of a Requested Domain until all Fees attributable to the Domain Services which are due have been paid by the Client to Mosthost.

27.10 Mosthost may from time to time change the registrar that a Requested Domain is held with, at its discretion and without notice to the Client.

27.11 The Client agrees and acknowledges that Mosthost will make registration information provided by the Client in relation to the Requested Domain available to ICANN, Nominet or any other appropriate registration authority, the registry administrators, and other third parties as applicable laws may require or permit including the police or other enforcement authority. The Client further acknowledges that Mosthost may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information provided, for purposes of inspection (such as through the WHOIS service) or other purposes as required or permitted by ICANN, Nominet and applicable law. The Client consents to any and all such disclosures, whether during or after the term of registration of the Requested Domain. The Client irrevocably waives any and all claims and causes of action arising from such disclosure or use of the domain name registration information by Mosthost.

27.12 Mosthost will only allow a domain name owned or managed by the Client to be attached to the ISP tag of Mosthost or any of its Associated Companies if the Client has an active hosting account with Mosthost.

The Client also confirms and warrants that any Requested Domain is not being registered and will at no time whatsoever be used for any unlawful purpose.

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OpenSRS Terms and Conditions

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1 - Agreement
In this Registration Agreement ("Agreement") "you" and "your" refer to each customer, "we", us" and "our" refer to Mosthost Inc. and "Services" refers to the domain name registration provided by us as offered through ENOM, the Registration Service Provider ("RSP"). This Agreement explains our obligations to you, and explains your obligations to us for various Services.

2 - Selection of a domain name
You represent that, to the best of the your knowledge and belief, neither the registration of the SLD name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party and that the Domain Name is not being registered for any unlawful purpose.

3 - Fees
As consideration for the services you have selected, you agree to pay to us, the applicable service(s) fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You, by completing and submitting this Agreement represent that the statements in your application are true.

4 - Term
You agree that the Registration Agreement will remain in full force during the length of the term of your Domain Name Registration. Should you choose to renew or otherwise lengthen the term of your Domain Name Registration, then the term of this Registration Agreement will be extended accordingly. This Agreement will remain in full force during the length of the term of your Domain Name Registration as selected, recorded, and paid for upon registration of the Domain Name. Should you choose to renew or otherwise lengthen the term of your Domain Name Registration, then the term of this Registration Agreement will be extended accordingly. Should you transfer your domain name or should the domain name otherwise be transferred due to another Registrar, the terms and conditions of this contract shall cease and shall be replaced by the contractual terms in force for the purpose of registering domain names then in force between SLD holders and the new Registrar.

5 - Modifications to Agreement
You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices section of this agreement. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the Notices section of this agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you shall abide by any such revisions or changes. You further agree to abide by the ICANN Uniform Dispute Resolution Policy ("Dispute Policy") as amended from time to time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.

6 - Modifications to your account
In order to change any of your account information with us, you must use your Account Identifier and Password supplied when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.

7 - Domain name dispute policy
If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy which is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.opensrs.org/legal/udrp.shtml. Please take the time to familiarize yourself with this policy.

8 - Domain name disputes
You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy.

9 - ICANN Policy
You agree that your registration of the SLD name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN-adopted policy, (1) to correct mistakes by Registrar or the Registry in registering the name or (2) for the resolution of disputes concerning the SLD name.

10 - Agency
Should you intend to license use of a domain name to a third party you shall nonetheless be the SLD holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the SLD. You shall accept liability for harm caused by wrongful use of the SLD, unless you promptly disclose the identity of the licensee to the party providing you reasonable evidence of actionable harm. You also represent that you have provided notice of the terms and conditions in this Agreement to the third party and that the third party agrees to the terms of Disclosure and Use of Registration Information (sections 18 and 19 of this Agreement).

11 - Announcements We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.

12 - Limitation of liability
You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed onehundred (£100.00) pounds.

13 - Indemnity
You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including without limitation Network Solutions, Inc., and the directors, officers, employees and agents of each of them, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name.

14 - Transfer of ownership
The person named as administrative contact at the time the controlling user name and password are secured shall be the owner of the domain name. You agree that prior to transferring ownership of your domain name to another person (the Transferee") you shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion) along with the applicable transfer fee. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.

15 - Breach
You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.

16 - No Guarantee
You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to either the registration, reservation, or use of the domain name.

17 - Disclaimer of Warranties
You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

18 - Information
As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information:

i - Your name and postal address (or, if different, that of the domain name holder);
ii - The domain name being registered
iii - The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name.
iv - The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name.

Any other information which we request from you at registration is voluntary. Any voluntary information we request is collected such that we can continue to improve the products and services offered to you through your RSP.

19 - Disclosure and Use of Registration Information You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, and to other third parties as ICANN and applicable laws may require or permit. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or other purposes as required or permitted by ICANN and the applicable laws.

You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us.

You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through your RSP.

We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.

We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.

20 - Revocation
Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or your failure to respond for over fifteen calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the SLD registration.

21 - Right of Refusal
We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other Services, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, reserve, or delete your domain name or register you for other Services.

22 - Severability
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

23 - Non-Agency
Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

24 - Non-Waiver
Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

25 - Notices
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender. In the case of e-mail notification to us admin@mosthost.co.uk , or in the case of notice to you, at the e-mail address provided by you in your WHOIS record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 PM GMT, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 5 business days after the date of mailing and, in the case of notification to us or to the RSP shall be sent to:

Mosthost
7 Taylor Street
Ilkeston
Debyshire
DE7 5JP

and in the case of notification to you shall be to the address specified in the "Administrative Contact" in your WHOIS record.

26 - Entirety
You agree that this Agreement, the rules and policies published by us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

27 - Infancy
You attest that you are of legal age to enter into this Agreement.

28 - Acceptance of Agreement
You acknowledge that you have read this agreement and agree to all its terms and conditions you have independently evaluated the desirability of the service and are not relying on any represntation agreement, guarantee or statement other than as set forth in this agreement.

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