Parties
(1) (“Halls Hosting”) The Halls Group trading as Halls Hosting located in the United Kingdom with a registered office at The Halls Group, Sunnyhill, Witley, Godalming, Surrey, GU8 5RN.
(2) (“Client”) Refers to you
Definitions
(A) Halls Hosting will provide web hosting services including but not limited to shared web hosting, email and storage services, domain services, (the “Services”) to the Client.
(B) This Agreement shall take effect from the date of purchase.
(C) This Agreement shall continue in force from the date of purchase unless terminated in accordance of this Agreement.
1.1. Services means the web hosting services to be provided by Halls Hosting to the Client as described in clause A of the Background section.
1.2. Client refers to you.
1.3. Effective Date has the meaning given in clause B of the Background section.
1.4. Term has the meaning given in clause C of the Background section.
1.5. Agreement means this web hosting agreement.
1.6. Domain means an internet domain name.
1.7. Bandwidth means the available data transfer quota for a specific period.
1.8. Disk space means the available storage space on Halls Hosting’s servers.
1.9. Bots means any automated software or script.
1.10. Server abuse includes, but is not limited to, Distributed Denial of Service (DDoS) attacks, hacking, spam, malware, and other malicious activities.
1.11. Billing means Halls Hosting’s billing and payment processes.
1.12. Suspension means the temporary disabling of the Services.
1.13. Termination means ending this Agreement.
1.14. Invoice means a invoice issued by Halls Hosting.
1.15. Chargeback means A chargeback is a process where a payment is reversed, typically initiated by the cardholder’s bank, to resolve a disputed transaction.
1.16. Limitation of liability means the extent of legal liability under this Agreement.
1.17. Data backups means the backup of the Client’s files and data.
1.18. Support means Halls Hosting’s support services.
1.19. Violation means breach of this Agreement or applicable laws.
1.20. Acceptable use policy means Halls Hosting’s policy for appropriate use of the Services.
2. Bandwidth/Disk Space Usage
2.1. Bandwidth allocation. Halls Hosting shall allocate the Client a monthly bandwidth of unlimited as part of the Services.
2.2. Excess bandwidth usage. If the Client uses to much bandwidth allocation under clause
2.1, Halls Hosting may:
(a) Temporarily restrict or throttle the Client’s bandwidth.
2.3. Disk space allocation. Halls Hosting will allocate a specific amount of GB of disk space per plan as part of the Services.
2.4. Excess disk space usage. If the Client exceeds the disk space allocation under clause
2.3, Halls Hosting may:
(a) Change the Client subscription plan to a higher plan with more disk space;
(b) Suspend the Services until the Client purchases additional disk space or archives/removes files to reduce disk space usage within the allocated limit.
2.5. Monitoring.
2.6. Halls Hosting reserves the right to monitor the Client’s usage of the Services, including bandwidth and disk space usage.
2.7. Persistent excess usage. If the Client persistently exceeds the bandwidth or disk space limits, Halls Hosting may terminate this Agreement.
3. Bots
3.1. The Client shall not use any bots or automated scripts that intentionally or unintentionally deny service to other internet users or excessively consume network resources on Halls Hosting’s servers.
(a) This includes but is not limited to bots that harvest email addresses from websites, make excessive requests to a web server, or excessively consume server resources such as CPU, memory, disk space, or bandwidth.
(b) The Client shall not use bots or automated scripts for mass automated submission of content to media sharing websites or crawling and indexing activities that cause excessive server load.
3.2. Halls Hosting reserves the right to suspend any bots or automated scripts that negatively impact server performance or availability.
3.3. The Client agrees that Halls Hosting may terminate this Agreement or suspend any Services without liability if a bot or automated script operated by the Client is the cause of or significantly contributes to server problems or excessive resource consumption.
4. Server Abuse
4.1. The Client shall use the Services only for lawful purposes. The Client shall not use the Services in any manner that breaches any applicable local, national or international law or regulation.
4.2. The Client shall not use the Services in any way that is excessive or unreasonable having regard to other customers’ usage of the Services. If Halls Hosting determines, acting reasonably, that the Client’s usage is excessive or unreasonable, Halls Hosting may charge the Client additional fees or may suspend or terminate the Services.
4.3. The Client shall not attempt to gain unauthorised access to any computer system, software, server, database or network owned or operated by Halls Hosting or any third party.
4.4. The Client shall not interfere with or disrupt the integrity or performance of the Services or any data present on the system.
4.5. The Client shall use reasonable security precautions relating to its use of the Services, and ensure that no viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful are introduced into Halls Hosting’s system.
4.6. The Client shall comply with the Acceptable Use Policy in force from time to time.
5. Refusal of Service
5.1. Halls Hosting may refuse, suspend or terminate the provision of any or all of the Services immediately without notice and without liability if:
(a) the Client breaches any term of this Agreement or Halls Hosting’s acceptable use policies;
(b) Halls Hosting is required to do so by any licensor or other third party supplier to Halls Hosting;
(c) Halls Hosting reasonably believes that the Client’s use of the Services may damage or disrupt the Services or expose Halls Hosting’s network or systems to harm;
(d) Halls Hosting reasonably believes that the Client’s use of the Services may adversely affect any other customer’s use of the Services or expose any other customer to harm.
(e) Halls Hosting reserve the right to refuse, cancel or suspend service, at our sole discretion.
5.2. Halls Hosting may suspend the Services for scheduled or emergency maintenance provided it has used reasonable endeavours to give the Client prior notice.
5.3. Halls Hosting shall not be liable for any refusal, suspension or termination of the Services due to factors outside of its reasonable control including but not limited to denial of service attacks, power failures, cable cuts, failure of third party suppliers or changes to applicable laws or regulations.
6. Billing
6.1. Payment terms. The Client shall pay Halls Hosting upon delivery of an invoice, payment must be made by the specified due date which is stated on the invoice and email.
6.2. Failure to make timely payments will entitle us to immediately terminate this agreement.
6.3. Late payment. If the Client fails to make payment in accordance with clause 6.1, Halls Hosting shall be entitled to charge £10.00 per overdue invoice.
6.4. Methods of payment. Payment of the Fees shall be made by debit/credit card or bank transfer. The Client shall be responsible for any bank or payment processing charges.
6.5. Invoices. Invoices shall be sent to the Client by email at the email address provided by the Client. Paper invoices may be subject to an additional charge £5.00 per post.
6.6. Price changes. Prices are subject to change by Halls Hosting on 1 months’ notice to the Client by email.
6.7. Invoice disputes. If any charges in an invoice are disputed, the Client must notify Halls Hosting in writing within 1 week of the invoice date failing which the invoice shall be deemed correct and binding on the Client.
6.8. Reminders will be sent to the client. Below is a list of the number of notices you will receive.
(a) Invoice Generated 14 days before the Due Date
(b) Payment Reminder 5 days before the Invoice is Due
(c) 1st Overdue Reminder 2 day after the Invoice is Due
(d) 2nd Overdue Reminder 5 days after the Invoice is Due
7. Suspension & Termination
7.1. Suspension by Halls Hosting. Halls Hosting may suspend the Services if:
(a) the Client breaches any term of this Agreement or the Acceptable Use Policy;
(b) Halls Hosting has given the Client at least 7 days’ notice specifying the breach (except in urgent situations).
(c) Halls Hosting may charge a reconnection fee currently £0.00 when reactivating the Services following suspension.
7.2. Termination by Halls Hosting. Halls Hosting may terminate this Agreement if:
(a) the Client breaches any term of this Agreement or the Acceptable Use Policy and fails to remedy such breach within 7 days of notice;
(b) Halls Hosting has the right to terminate the Agreement immediately without notice if:
(a) the Client is in material breach of any term;
(b) the Client becomes insolvent, bankrupt, goes into liquidation or has a receiver or
administrator appointed; or
(c) Halls Hosting reasonably believes the Services are being used illegally or to commit an offence.
7.3. Termination by the Client. The Client may terminate this Agreement by giving Halls Hosting not less than 30 days’ written notice.
7.4. Effects of termination/expiry. Upon termination/expiry of this Agreement:
(a) Halls Hosting will deactivate the Services;
(b) Halls Hosting may disconnect and delete any Client data/website 5 days after termination unless renewed;
(c) any prepaid fees for the post-termination period will be refunded subject to deductions for Services already provided.
8. Age Restriction
8.1. The Client must be 18 years and older to use any of our services.
9. System Emails
9.1. Notification emails. Halls Hosting will send notification emails to the Client regarding maintenance, outages, expiry notices and other important information regarding the Services.
(a) Email address. Halls Hosting will send emails to the primary email address registered in the Client’s account profile.
(b) Accuracy of email address. The Client is responsible for ensuring the email address on file is current and valid.
(c) It is the client’s responsibility to ensure that all emails from us are not marked as junk and are directed to your inbox. Please contact your email provider for assistance.
9.2. Undeliverable emails. If any notification email is undeliverable or returned as undeliverable, Halls Hosting’s obligation to notify the Client is deemed fulfilled despite the email not being received.
9.3. Opting out of emails. The Client can opt out of receiving non-essential marketing and promotional emails but cannot opt out of receiving the notification emails described in this section.
9.4. Spam filtering. The Client is responsible for ensuring that legitimate emails from Halls Hosting are not blocked by spam filtering or firewall settings. Halls Hosting is not responsible for ensuring delivery of emails.
10. Domain Reminders
10.1. Halls Hosting shall send email reminders to the Client advising of the impending expiry date of any domain name registered by the Client through Halls Hosting.
(a) Such reminders shall be sent to the Client
(b) Reminders will be sent to the client. Below is a list of the number of notices you will receive.
(b.1.) First Renewal Notice “60” days before the renewal date.
(b.2.) Second Renewal Notice “30” days before the renewal date.
(b.3.) Third Renewal Notice “15” days before the renewal date.
(b.4.) Fourth Renewal Notice “5” days before the renewal date.
(b.5.) Fifth Renewal Notice “1” days before the renewal date.
(c) The reminder emails shall advise the Client of the expiry date and provide details of how to renew the domain name along with the applicable renewal fees.
(d) The reminders shall caution that non-renewal of the domain name by the expiry date may result in the domain name being suspended, deleted or otherwise made unavailable.
10.2. Halls Hosting shall not be liable for any loss, damages, liabilities, costs or expenses suffered by the Client resulting from the suspension, deletion or unavailability of a domain name where such suspension, deletion or unavailability occurs as a
consequence of the Client failing to renew the domain name despite reminders being sent pursuant to clause 10.1.
10.3. The Client shall ensure that their contact details registered with Halls Hosting, including email address, are kept current and updated in order to ensure timely receipt of any reminders sent under clause 10.1.
11. Account Sharing
11.1. The Client shall not share its account login credentials with any third parties.
(a) The Client shall be responsible for maintaining the confidentiality of all login details and passwords for its account.
(b) The Client’s login credentials shall not be shared with or used by any persons other than the Client.
11.2. Only the registered and named account holder shall access the account.
(a) Access to and use of the Services shall be restricted solely to the named account holder.
(b) No other persons shall be permitted to access or use the Services through use of the Client’s account.
11.3. The Client shall be responsible for all activities conducted through its account.
(a) The Client shall be held responsible by Halls Hosting for any unauthorised access to or use of the Client’s account by third parties, whether or not such access or use was authorised by the Client.
(b) Halls Hosting shall not be liable for any loss or damage suffered by the Client arising from any account sharing or unauthorised access or use.
11.4. Any breach of this clause 11 shall entitle Halls Hosting to suspend or terminate the Client services.
12. Cancellation
12.1. The Client may cancel this Agreement at any time by providing no less than 30 days’ prior written notice to Halls Hosting.
12.2. The Client must cancel their services by using our website, any other cancellation requested will not be actioned on.
12.3. Upon cancellation, the Client will not be entitled to any refund for any unused portion of the Term.
12.4. Within 30 days of the effective date of cancellation, Halls Hosting will assist the Client to port any of the Client’s data from Halls Hosting’s servers by providing such data to the Client.
12.5. Halls Hosting will cease providing the Services to the Client 30 days after the effective date of cancellation.
12.6. The following clauses will survive termination or cancellation of this Agreement: clauses 3 (Intellectual Property), 5 (Payment), 7 (Confidentiality), 8 (Data Protection), 10 (Limitation of Liability), 11 (Indemnity) and 13 (Governing Law and Jurisdiction).
13. Your Obligations
13.1. The Client shall use the Services in accordance with all applicable laws including but not limited to the Communications Act 2003, the Data Protection Act 2018 and the General Data Protection Regulation 2016/679.
13.2. The Client shall use the Services only for lawful purposes and shall not use the Services to send or facilitate the sending of spam, viruses or other harmful or unlawful content.
13.3. The Client shall ensure that all information provided to Halls Hosting on registration or thereafter is accurate, truthful and kept up-to-date.
13.4. The Client shall keep confidential and secure any access credentials such as user IDs and passwords provided by Halls Hosting and shall be responsible for all activities that occur under such credentials.
13.5. The Client shall keep its own backup copies of all content and data submitted to or stored on the Services and shall not rely on Halls Hosting to backup any such content or data.
13.6. Where the Services allow the Client to link to or access third party sites or services, the Client shall comply with all applicable policies of such third parties.
14. Refunds
14.1. The Client shall have a right to cancel this Agreement within 30 days of the Effective Date (“cooling off period”).
(a) Upon cancellation within the cooling off period, Halls Hosting shall refund the Client any fees paid within 30 days of the cancellation.
14.2. If this Agreement is terminated by Halls Hosting, Halls Hosting shall not refund the Client any prepaid fees for the period after termination within 30 days.
14.3. You will not receive a refund for the current month (we do not provide partial monthly refunds). If Halls Hosting cancels your account due to a violation, no refund will be issued.
14.4. Except as stated in clauses 14.1 to 14.3, all fees paid under this Agreement are non-refundable after the cooling off period.
14.5. No refunds shall be payable if the Client terminates this Agreement after the cooling off period.
14.6. If you have paid annually, you will only receive a refund for the unused months. For example, if you paid for an annual invoice in January and decide to cancel your hosting in March, you will not receive a refund for January, February, or March. However, you will be refunded for the period from April to December. Refunds will be processed within 31 days.
14.7. We don’t give any refunds on Domains.
15. Chargebacks
15.1. Halls Hosting shall not be liable for any chargeback claims made by the Client’s customers, users or other third parties against the Client.
15.2. If any sums are recovered from Halls Hosting by the Client’s acquiring bank or credit card company due to a chargeback (a “Chargeback”), the Client shall reimburse Halls Hosting in full within 7 days of receiving written notice of such Chargeback.
15.3. In the event of a dispute relating to a Chargeback, the Client must notify Halls Hosting in writing within 7 days of the Chargeback, providing details of the disputed charge and reasons for the dispute.
15.4. The parties shall work together in good faith to resolve any Chargeback dispute notified under clause
15.5. which may include the Client providing evidence such as order confirmations, delivery receipts or usage logs to support its position.
15.6. Halls Hosting may request copies of any such evidence from the Client, and the Client shall provide such evidence promptly on request to facilitate resolution of the dispute.
15.7. If the Client is subject to an unusually high number of Chargebacks compared to other customers of Halls Hosting, Halls Hosting may terminate this agreement immediately on written notice or require the Client to make future payments by prepayment instead of by credit or debit card.
16. Limitation of Liability
16.1. Halls Hosting shall not be liable for any direct loss including but not limited to loss of profits, loss of business or contracts.
16.2. Halls Hosting shall not be liable for any indirect, consequential or incidental losses including but not limited to loss of data, loss of profits, loss of business or contracts.
16.3. The total aggregate liability of Halls Hosting in respect of all claims under this Agreement shall be limited to the amounts paid by the Client in the previous 12 months for the Services.
16.4. The limitations in clauses 16.1, 16.2 and 16.3 shall not apply in cases of death or personal injury caused by the negligence of Halls Hosting, or fraud or fraudulent misrepresentation.
16.5. Halls Hosting shall not be liable for any services provided by third parties including domain name registrars.
16.6. The Client shall take reasonable steps to mitigate any losses that may arise under this clause 16.
17. Data Backups
17.1. Halls Hosting shall take backups of the Client’s files, databases and website content stored on Halls Hosting’s servers on a daily basis.
17.2. All backups shall be stored on secure backup servers operated by Halls Hosting.
17.3. Backups shall be retained by Halls Hosting for a period of 21 days from the date of creation of each backup.
17.4. In the event of any loss or corruption of the Client’s files, databases or website content, Halls Hosting shall use its reasonable endeavours to restore the lost or corrupted material from the most recent available backup. Halls Hosting does not guarantee that all lost or corrupted material can be restored.
17.5. Halls Hosting shall have no obligation to backup any files or data uploaded or added to the Client’s hosting account in breach of this agreement or any applicable law.
17.6. Halls Hosting shall have no obligation to backup any of the Client’s files, databases or website content which exceed the disk space or bandwidth allocation permitted under the Client’s hosting package.
17.7. The Client agrees to keep independent backup copies of all content and data stored on Halls Hosting’s servers. Halls Hosting shall not be liable for any loss or corruption of data which exists only on Halls Hosting’s backup servers and not on the Client’s own copies.
18. Client Support
18.1. Halls Hosting shall make customer support available to the Client via email 24/7, Monday to Sunday, excluding public holidays in England and Wales (“Support Hours”).
18.2. Halls Hosting shall use reasonable endeavours to respond to all support requests from the Client within twenty-four (24) hours during Support Hours. Halls Hosting does not guarantee response times for requests received outside of Support Hours.
18.3. Halls Hosting operates an online ticket system for logging, tracking and responding to all support requests from the Client. The Client must use their online account or registered email address to submit a support ticket.
18.4. During Support Hours, Halls Hosting shall provide reasonable support to the Client in relation to the hosting control panel, server performance, installation of common applications and plugins approved by Halls Hosting, and other general web hosting queries.
18.5. Support shall not include programming, coding, software development, scripting, debugging, performance tuning, security services, design services, training, or support for complex server configurations, bespoke applications, or applications.
18.6. Halls Hosting may update the control panel, software, applications or other aspects of the Services from time to time, which could affect compatibility or performance. Halls Hosting does not guarantee uninterrupted or error-free support for any issues caused by such updates.
18.7. In the event the Client requires urgent support outside of Support Hours, the Client may contact Halls Hosting to discuss potentially escalating the issue or paying any additional fees for out-of-hours support.
19. Violations
19.1. The Client shall use the Services for lawful purposes only and in accordance with Halls Hosting’s Acceptable Use Policy.
19.2. The Client shall not use the Services:
(a) for any unlawful, harmful, fraudulent or inappropriate purpose;
(b) in any way that breaches the intellectual property rights of Halls Hosting or any third party;
(c) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any form of spam; or
(d) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
19.3. The Client shall comply with all reasonable instructions issued by Halls Hosting in relation to the Client’s use of the Services and resolve any complaints in relation to the content or use of the Services.
19.4. The Client warrants that all information provided to Halls Hosting during the sign-up process or otherwise is true, accurate and complete in all respects.
19.5. If the Client is in violation of this Agreement including but not limited to clauses 19.1 to 19.4 above, Halls Hosting shall be entitled to:
(a) suspend or terminate the Services without notice;
(b) retain any advance payments or subscription fees paid by the Client;
(c) pursue the Client through civil or criminal proceedings to remedy such violation; and
(d) disclose information to authorities for investigation purposes to the extent necessary.
19.6. Halls Hosting shall not be liable for any loss, damage or inconvenience caused as a result of any suspension or termination of the Services pursuant to this clause 19.
19.7. The Client shall indemnify Halls Hosting for all liabilities, claims, damages, losses, costs and expenses (including legal costs) arising from any violation of this Agreement by the Client or any third party accessing the Services through the Client’s account.
20. Disclaimer
20.1. Warranties. Halls Hosting makes no warranties regarding the Services, including warranties of merchantability, fitness for a particular purpose, title or non-infringement or that the operation of the Services will be uninterrupted or error-free.
20.2. Accuracy of information. Halls Hosting does not warrant or represent the accuracy, reliability or completeness of any content, information or materials accessible on the Client’s website.
20.3. Viruses. Halls Hosting is not responsible for viruses and the Client must implement their own virus protection measures.
20.4. Service availability. Halls Hosting is not liable if the Services are unavailable due to technical failure, modifications or maintenance or for circumstances beyond its control.
20.5. Content. Halls Hosting has no control over and accepts no responsibility for any content, information or materials accessible on the Client’s website.
20.6. Limitation of liability. Subject to the Unfair Contract Terms Act 1977, Halls Hosting’s maximum aggregate liability shall not exceed the total amount paid by the Client under this agreement in the 12 months preceding the claim. Halls Hosting shall not be liable for any loss of business, contracts, profits or anticipated savings or for any indirect or consequential loss.
21. Account Activation
21.1. Upon completion of the order process and receipt of full payment of the applicable fees, Halls Hosting shall provide the Client with login credentials to access their hosting control panel.
21.2. The control panel is the web-based interface that allows the Client to manage their website, domains, emails and other services provided under this Agreement.
21.3. The Client’s website files and content will not be publicly accessible on the hosting server until such time as the Client uploads their files and publishes their website through the control panel.
21.4. Any email accounts provisioned as part of the order will not be available for use by the Client or third parties until such time as the Client accesses the email interface through their control panel and sets up the email accounts.
21.5. Halls Hosting shall use its reasonable endeavours to have all new accounts activated and provisioned within one (1) business day of the order being completed and paid for in full, however Halls Hosting does not guarantee this timeframe and shall not be liable for any failure to meet this target timeframe where this is due to factors outside of its reasonable control.
21.6. It is the Client’s responsibility to ensure that their domain nameserver records are updated to point to the hosting server nameservers before attempting to publish or make publicly accessible their website. Any issues or errors experienced by the Client or third parties in accessing the Client’s website shall be the sole responsibility of the Client where such issues arise from a failure to update nameserver records in this manner.
22. Acceptable Use Policy
22.1. Prohibited uses. The Client shall not use the Services:
(a) for any purpose that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable;
(b) for any activities or store/transmit any material that infringes intellectual property rights of others including copyrights, trademarks, patents or trade secrets.
22.2. Compliance with laws. The Client shall use the Services in compliance with all applicable laws, regulations and conventions including those related to privacy, international communications and exportation of technical or personal data.
22.3. Responsibility for content. The Client is solely responsible for the content, information and other materials stored on or transmitted through the Services.
22.4. Security. The Client shall take reasonable security precautions with respect to use of the Services and notify Halls Hosting immediately of any known or suspected unauthorised use or breach of security. The Client shall not attempt to probe, scan or test the vulnerability of Halls Hosting’s system, network or breach any security or authentication measures without proper authorisation.
22.5. No unlawful monitoring. The Client shall not use the Services for monitoring or capturing of data or traffic on any network or system without the authorisation of the system owner or for any other illegal purpose.
22.6. Cooperation. The Client shall cooperate with and assist Halls Hosting in investigating any apparent or suspected violation of this AUP.
23. Audio/Video Streaming
23.1. Streaming limits. Halls Hosting may limit the amount of audio/video streaming bandwidth allocated to the Client from time to time. The Client agrees to stream within such allocated limits and Halls Hosting shall be entitled to charge the Client separately for any excess usage at its standard rates.
23.2. Licensing. The Client shall be solely responsible for obtaining any licences necessary for the streaming or broadcast of any copyright material on its website. The Client agrees to indemnify Halls Hosting against any and all claims brought by third parties in connection with copyright infringement arising from content streamed or broadcast through the Client’s website.
23.3. Streaming technology. The Client may only use standard streaming formats and technologies such as Flash, MP4 or HLS for streaming audio-visual content. The use of any custom proprietary streaming solutions or extensions is prohibited without Halls Hosting’s prior written consent.
23.4. Streaming content. The Client shall ensure that all content streamed on its website complies with all applicable laws. The Client shall not stream or broadcast any material which is illegal, harmful, obscene or excessively violent in nature. Pornographic content may not be streamed.
23.5. Streaming performance. Halls Hosting does not guarantee continuous or fault-free streaming performance and the Client acknowledges that streaming speeds and quality may be impacted by network conditions, location of viewers or server load.
23.6. Takedown. Halls Hosting reserves the right to remove or disable access to any audio-visual content upon receipt of a complaint or court order without notice to the Client.
24. File Storage / Online Backups
24.1. Storage limits. Halls Hosting shall provide the Client with a maximum storage limit of 1 terabyte (1TB) as part of the Services. Any excess storage used by the Client will be charged at an additional fee of £5.00 per gigabyte per month.
24.2. Content restrictions. The Client agrees not to store or backup any content through use of the file storage/online backup Services that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy or right of publicity, hateful or racially, ethnically or otherwise objectionable.
24.3. Retention periods. Halls Hosting will retain any files/data stored by the Client for a maximum period of 12 months from the date of upload through use of the file storage/online backup Services. After this period, Halls Hosting may delete any files/data without further notice to the Client.
24.4. Access restrictions. Access to the file storage/online backup Services will be restricted to the Client’s registered domain name and/or IP address. The Client is prohibited from sharing or distributing their login credentials with any third parties.
24.5. Data protection. Halls Hosting will maintain appropriate security, physical and technical measures to protect the Client’s files/data from unauthorised access, destruction, loss or alteration in accordance with Halls Hosting’s data protection policy and the Data Protection Act 2018.
24.6. Liability. Subject to the limitation of liability clause of this Agreement, Halls Hosting shall not be liable for any loss, corruption or damage to files/data stored by the Client using the file storage/online backup Services unless caused by Halls Hosting’s gross negligence or wilful misconduct. The Client shall remain solely responsible for maintaining appropriate backup copies of all files/data stored using the file storage/online backup Services.
25. No Free Hosting
25.1. The Client shall pay all applicable Fees for the Services as set out in this Agreement or on Halls Hosting’s website from time to time without any set-off or deduction.
25.2. The Client shall not resell or make the Services available to any third party without Halls Hosting’s prior written consent.
25.3. The Client shall not use the Services to offer any free hosting services or otherwise use the Services in a manner where end users are not required to pay for access to content.
25.4. If the Client breaches clauses 25.1 to 25.3, Halls Hosting may immediately suspend the Services and/or terminate this Agreement with immediate effect.
25.5. The Client shall not deploy any page or site which contains an offer of “free hosting” or contains links to third party sites that offer free hosting.
25.6. The Client shall not deploy any page or site which contains advertising links that are intended to generate revenue for the Client or any third party without a corresponding service fee being paid to Halls Hosting.
26. File Sharing Websites or Peer-to-peer media (including files) sharing or streaming
26.1. The Client shall not use the Services for operating or maintaining any website or other online platform that is primarily designed for, or facilitates, the unauthorised sharing or streaming of copyrighted material.
26.2. If Halls Hosting reasonably believes that the Client is in breach of clause
26.3, Halls Hosting may immediately suspend or terminate the Services and/or this Agreement.
26.4. The Client shall indemnify Halls Hosting against all losses, damages, expenses, proceedings and other liabilities arising from any claim brought against Halls Hosting by a third party alleging that the Client’s use of the Services is in breach of clause 26.1.
26.5. Halls Hosting shall have no obligation to actively monitor the Client’s use of the Services or otherwise seek facts or circumstances indicating an infringing activity. However, if Halls Hosting becomes aware of facts or circumstances from which infringing activity is apparent, it may act in accordance with this Agreement to prevent the infringing activity.
26.6. The Client warrants that it will not use the Services in contravention of clause 26.1.
27. Obscene Speech or Materials
27.1. The Client agrees not to host or transmit any content that is illegal under the Obscene Publications Act 1959 or any other applicable law.
27.2. The Client agrees not to host any content which is considered obscene as defined under the Obscene Publications Act 1959, including any pornographic, lewd, lascivious or excessively violent images or videos.
27.3. Halls Hosting shall have the right to remove any content it deems obscene, pornographic, lewd, lascivious or excessively violent from the Client’s website without notice.
27.4. The Client shall fully indemnify Halls Hosting for any legal claims or complaints made against Halls Hosting in relation to hosting any obscene content on the Client’s website.
27.5. If the Client is found to be hosting any obscene content contrary to clauses
27.1 to 27.3 after receiving a warning, Halls Hosting shall have the right to immediately terminate this Agreement without liability.
28. Defamatory or Abusive Language
28.1. The Client shall ensure that the content of any website hosted on the Services (“Website”) does not contain, include or link to any material that is defamatory, obscene, indecent, offensive, threatening, abusive, hateful or illegal.
28.2. The Client shall not use the Services to publish or distribute any content that exposes an individual or entity to hatred, ridicule or contempt.
28.3. The Client shall not use the Services to publish or distribute any content that is threatening, harmful, or would otherwise harass other individuals. This includes any content that incites violence or criminal behaviour.
28.4. If any defamatory or abusive content is found on the Website, Halls Hosting shall have the right to remove or disable access to such content.
28.5. If any defamatory or abusive content is found on the Website, Halls Hosting shall have the right to suspend the Services until such content has been removed by the Client.
28.6. The Client shall fully indemnify Halls Hosting for any losses, damages, expenses, costs (including legal fees) or other liabilities arising from any legal claims, complaints or investigations made or brought against Halls Hosting due to defamatory or abusive content on the Website.
28.7. If any anonymous defamatory or abusive content is found on the Website, the Client consents to Halls Hosting disclosing the identity and contact details of the author of such content to the person making the complaint.
29. Forging of Headers
29.1. The Client shall not forge, alter or remove any message header information transmitted by or stored on Halls Hosting’s system or network.
29.2. Without limitation to clause 29.1, the Client shall not forge the source of any email or other electronic communication.
29.3. If the Client breaches clauses 29.1 or 29.2, Halls Hosting may suspend or terminate the Client’s access to the Services immediately without notice.
29.4. Halls Hosting reserves the right to charge the Client an administrative fee of £100 for any breach of clauses 29.1 or 29.2, in addition to any reasonable costs incurred by Halls Hosting in investigating or remedying the breach.
29.5. The Client shall fully indemnify Halls Hosting against any and all claims, liabilities, damages, losses or expenses incurred by Halls Hosting or a third party and arising from any breach of clauses 29.1 or 29.2 by the Client or any user, employee or agent of the Client.
30. Illegal or Unauthorised Access to Other Computers or Networks
30.1. The Client shall not attempt to illegally or without authorisation access or interfere with other computers, systems, software or networks (each a “System”). This includes attempting to circumvent user authentication or security of any host, network, or account without express permission of the owner.
30.2. If any illegal or unauthorised access by the Client is detected, Halls Hosting reserves the right to immediately suspend the Services and/or terminate this Agreement without further liability to the Client.
30.3. The Client shall comply with all applicable laws in connection with any illegal or unauthorised access to Systems, including data protection laws.
30.4. The Client shall fully indemnify Halls Hosting for any claims, damages or losses resulting from the Client’s illegal or unauthorised access to Systems, whether by the Client or by any person using the Client’s account, with or without the Client’s knowledge, consent or approval.
30.5. For the purposes of clauses 30.1 to 30.4, the expression “access” shall include attempting to probe, scan or test the vulnerability of a System or to breach security or authentication measures, without authorisation.
31. Intellectual Property Rights
31.1. Ownership of Content. The Client shall at all times remain the owner of all intellectual property rights in the Content. Halls Hosting does not claim any ownership rights in any of the Content.
31.2. Licence to Content. The Client hereby grants to Halls Hosting a worldwide, non-exclusive, royalty-free licence to use, reproduce, edit, adapt and distribute the
Content to the extent reasonably required for the purpose of Halls Hosting providing the Services to the Client.
31.3. Trade Marks. The Client is solely responsible for any trade marks or branding featured in the Content or on the Website. Halls Hosting shall not be seen to endorse any goods or services of the Client.
31.4. User Generated Content. Where the Website allows for user generated content, the Client shall ensure it has obtained all necessary licences, consents, permissions and rights for such user generated content before it is uploaded to or published on the Website. The Client shall be solely responsible for any user generated content on the Website.
31.5. Back-Up Copies. Halls Hosting may make back-up copies of the Content as reasonably required as part of the Services.
31.6. Removal of Content. Halls Hosting reserves the right to remove any Content from the Website which it reasonably believes infringes third party rights or could create legal liability, or which it receives complaints about from third parties.
31.7. Indemnity. The Client shall indemnify and hold harmless Halls Hosting against all claims, proceedings, losses, damages, expenses and costs (including reasonable court costs and legal fees) arising out of or in connection with any third party claim that the Content infringes the intellectual property rights of that third party.
32. Distribution of Internet Viruses, Worms, Trojan Horses or Engaging in Other Destructive Activities
32.1. The Client shall not use the Services to intentionally distribute viruses, worms, Trojan horses or other destructive activities that disrupt other internet users or damage their systems.
32.2. The Client shall use virus scanning software to scan for and remove viruses, worms, Trojan horses or other destructive activities from any material that the Client places on Halls Hosting’s servers or uploads to the internet.
32.3. The Client shall indemnify Halls Hosting against all claims, losses, damages, liabilities, costs and expenses suffered or incurred by Halls Hosting and arising from any breach of this clause 32 by the Client.
32.4. If the Client breaches clause 32.1 or 32.2, Halls Hosting may suspend or terminate the Services with immediate effect by giving written notice to the Client.
32.5. Halls Hosting shall not be liable for any loss, damages or expenses incurred by the Client resulting from any computer viruses, worms, Trojan horses or other destructive activities that enter the Client’s computer system or website via the Services.
33. Facilitation a Violation of this AUP
33.1. The Client agrees that it shall not facilitate or assist any third party to breach the terms of this Agreement.
(a) This includes providing instructions, know-how, means or tools to any third party with the knowledge that such third party intends to use those instructions, know-how, means or tools to breach the terms of this Agreement.
(b) If the Client becomes aware that any third party is in breach of the terms of this Agreement, the Client shall promptly notify Halls Hosting of such breach. Failure to do so shall be deemed facilitation of the breach.
33.2. Halls Hosting reserves the right to suspend or terminate, with immediate effect, any accounts or access (whether direct or indirect) of the Client where it is found, in Halls Hosting’s sole discretion, that the Client has facilitated or assisted a third party to breach the terms of this Agreement.
33.3. For the avoidance of doubt, nothing in this clause shall require Halls Hosting to monitor or exercise control over the actions of third parties. The obligations of the Client under this clause relate solely to its own actions and accounts.
34. Usenet Groups
34.1. Prohibited use. The Client must not use usenet groups to post or transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy or right of publicity, hateful, racially, ethnically or otherwise objectionable.
34.2. Compliance with laws. The Client shall ensure that its use of usenet groups is at all times in compliance with all applicable laws of England and Wales including but not limited to the Obscene Publications Act 1959 and Malicious Communications Act 1988.
34.3. Removal of content. Halls Hosting reserves the right to remove any content posted in usenet groups which it deems to be non-compliant with this Agreement or any applicable law.
34.4. Suspension and termination. Any breach of this clause 34 shall constitute a material breach of this Agreement and Halls Hosting may suspend or terminate this Agreement and the Services with immediate effect.
34.5. Indemnity. The Client shall indemnify Halls Hosting against all costs, claims, demands, expenses and liabilities of whatsoever nature arising out of or in connection with any breach or non-observance by the Client of this clause 34.
35. Phishing
35.1. Phishing Prohibition. The Client shall not use the Services for phishing activities or to otherwise enable or facilitate phishing.
(a) For the purposes of this Agreement, “phishing” shall mean sending emails with the intent to defraud or impersonate another person or entity, including but not limited to:
(a.1.) Sending emails pretending to be from reputable companies in order to induce individuals to reveal personal information such as passwords, credit card numbers, bank details etc.;
(a.2.) Creating or hosting fake websites designed to steal consumer financial or personal information;
(a.3.) Installing phishing software on websites hosted with Halls Hosting; or
(a.4.) Using the Services in a manner which could otherwise enable or facilitate phishing.
35.2. Breach. Any breach of clause 35.1 shall entitle Halls Hosting to immediately suspend or terminate the provision of the Services. Halls Hosting may also report the matter to the relevant authorities.
35.3. Indemnity. The Client shall fully indemnify Halls Hosting for all claims, damages, losses and costs arising from any phishing activities carried out using the Services.
36. Other Illegal Activities
36.1. The Client shall ensure that the Services are not used for any criminal, illegal, or unlawful purposes.
36.2. The Client shall comply with all applicable laws, regulations and codes of practice in the UK while using the Services.
36.3. Halls Hosting reserves the right to suspend the Services at any time if it reasonably suspects that the Services are being used for any illegal activities, pending further investigation.
36.4. Halls Hosting may terminate this Agreement immediately by notice in writing if the Client is in breach of Clause 36.1 or 36.2.
36.5. The Client shall indemnify Halls Hosting for any losses, damages or costs resulting from the Client’s breach of Clauses 36.1 or 36.2 or any illegal activities carried out using the Services.
36.6. For the avoidance of doubt, Halls Hosting has no general obligation to monitor the content or use of the Services and shall not be liable for any illegal or unlawful use of the Services by the Client.
37. Other Activities
37.1. The Client shall ensure that all activities conducted through the Services are lawful and comply with all applicable laws in England and Wales.
37.2. The Client shall not use the Services for any activities that are illegal or prohibited under the Communications Act 2003, Obscene Publications Act 1959, Malicious Communications Act 1988 or any other applicable laws in England and Wales. This includes activities such as money laundering, online gambling, distribution of illegal or prohibited content.
37.3. The Client shall indemnify and hold harmless Halls Hosting against any losses, damages, costs, expenses (including reasonable legal fees), or other liability arising from any claim resulting from the Client’s use of the Services in breach of clauses 37.1 or 37.2.
37.4. If Halls Hosting reasonably suspects that the Services are being used by the Client in breach of clauses 37.1 or 37.2, Halls Hosting may suspend the Services without notice.
37.5. Halls Hosting may terminate this Agreement immediately upon written notice if the Client is found to be using the Services in breach of clauses 37.1 or 37.2.
37.6. Halls Hosting has no obligation to monitor the use of the Services by the Client. The Client shall be solely responsible for ensuring its use of the Services complies with this Agreement and all applicable laws.
38. Complaints
38.1. The Client may submit any complaint regarding the Services or any other issues to Halls Hosting via email. The complaint must include the Client’s account details, a description of the nature of the complaint and any supporting documentation.
38.2. Halls Hosting will acknowledge receipt of the complaint to the Client within 3 working days of receipt and provide the Client with a reference number for the complaint.
38.3. Halls Hosting will properly investigate the complaint and will use reasonable endeavours to resolve the complaint within 14 working days of acknowledgement. More complex complaints may take longer to resolve.
38.4. After investigating the complaint, Halls Hosting will communicate its final response and decision to the Client in writing. The response will explain Halls Hosting’s position and any actions or remedies being taken.
38.5. If the Client is not satisfied with Halls Hosting’s response, the Client may escalate the matter to Halls Hosting’s complaints manager or complaints team.
38.6. If the complaint cannot be resolved between the parties, it may be escalated to the Ombudsman Services for independent alternative dispute resolution.
38.7. Halls Hosting will keep proper records of all complaints received from Clients and their resolution for a minimum period of 24 months.
39. Termination
39.1. Either party may terminate this Agreement by giving 30 days’ written notice to the other party.
39.2. Halls Hosting may terminate this Agreement immediately at any time by giving written notice to the Client if:
(a) the Client commits a material breach of any term of this Agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of being notified in writing to do so;
(b) the Client fails to pay any amount due under this Agreement on the due date for payment and remains in default not less than 30 days after being notified in writing to make such payment;
(c) the Client is dissolved, ceases to conduct all (or substantially all) of its business, is or becomes unable to pay its debts as they fall due, is or becomes insolvent or is declared insolvent, or convenes a meeting or makes or proposes to make any arrangement or composition with its creditors; or
(d) the Client breaches the acceptable use policy in a manner which, in Halls Hosting’s reasonable opinion, brings Halls Hosting into disrepute or which causes or risks serious damage or the destruction of Halls Hosting’s equipment, software or data.
39.3. The Client may terminate this Agreement at any time by giving 30 days’ written notice to Halls Hosting if Halls Hosting commits a material breach of any term of this Agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of being notified in writing to do so.
39.4. Upon termination of this Agreement for any reason:
(a) Halls Hosting will discontinue the provision of the Services;
(b) Halls Hosting will make available to the Client any Client data and website files stored on Halls Hosting’s servers for a period of 30 days from the date of termination, after which the Client data may be deleted by Halls Hosting without further notice;
(c) any and all outstanding fees owed by the Client to Halls Hosting under this Agreement shall become due and payable immediately; and
(d) Clauses [list surviving clauses] shall continue in force.
40. Events outside of our control
40.1. If Halls Hosting is prevented or delayed in the performance of any of its obligations under this Agreement by events, circumstances or causes beyond its reasonable control, including but not limited to acts of God, outbreak of hostilities, riot, civil disturbance, acts of terrorism, flood, earthquake, strike, lockout, other industrial action, fire, explosion, interruption or failure of utility service, Halls Hosting shall not be liable to the Client for any costs, charges or losses sustained or incurred by the Client that arise directly or indirectly from such prevention or delay in the performance of Halls Hosting’s obligations.
40.2. If such event continues for more than 30 days, either party may terminate this agreement by written notice to the other party.
40.3. The affected party shall use its reasonable endeavours to minimise any delay or adverse effect arising from any such event of force majeure.
40.4. In the event that this agreement is terminated under this clause, the Client shall not be entitled to any refund and Halls Hosting shall be under no further obligation or liability whatsoever.
41. Domain Registrations
41.1. We are a Nominet Registrar and as such may provide you with a domain name via Nominet. Please be aware that by registering a .uk domain name, you are bound by Nominet’s Terms and Conditions https://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration
41.2. All non-UK domains are provided through our domain partners or ‘upstream registrars’. Therefore, we cannot guarantee the availability of a specific domain.
41.3. Both UK and non-UK domains are supplied through third-party registrars.
41.4. Please be aware that registrars may reject a domain registration if invalid information is provided during the order process. Each TLD and ccTLD has unique validation requirements that may change over time. Therefore, we are not responsible for validating this information. It is your responsibility to ensure that a domain registration is completed by receiving a ‘domain registration confirmation’ email. If a domain is rejected by the registrar, you will not receive this email, and you should notify us so we can investigate with the registrar and manually process the registration.
42. Notification of Changes
42.1. Halls Hosting may notify the Client of any changes to this Agreement by email or by posting a notice on Halls Hosting’s website.
(a) Any changes notified under this clause will be deemed received by the Client within 72 hours of Halls Hosting sending the email or posting the notice online.
(b) Any changes notified under this clause will take effect from the date of deemed receipt as set out in clause 41.1.1.
42.2. If the Client continues to use the Services following changes being made under this clause, this will constitute acceptance of the changes by the Client.
42.3. For any material changes to this Agreement that are to the Client’s detriment, Halls Hosting shall provide at least 30 days’ notice and obtain the Client’s express consent in writing or by email before such changes take effect.
43. Governing Law and Jurisdiction
43.1. This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England and Wales.
43.2. The parties irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
